Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:16491 WP No. 28158 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 28158 OF 2024 (GM-KEB) BETWEEN:
1.
SRI MANJUNATHA ADIGA AGED ABOUT 69 YEARS S/O LATE ANANTHA ADIGA
2.
SRI ACHUTHA ADIGA AGED ABOUT 67 YEARS S/O LATE ANANTHA ADIGA
BOTH ARE R/AT ‘DURGAMBA’ TENKABETTU, CHANTARU VILLAGE BRAMHAVARA TALUK, UDUPI DIST – 576 213. …PETITIONERS (BY SRI NATARAJA BALLAL, ADVOCATE) AND:
1.
STATE OF KARNATAKA DEPARTMENT OF ENERGY VIKASA SOUDHA BENGALURU – 560 001 REP. BY ITS ADDL. CHIEF SECRETARY.
2.
DEPUTY COMMISSIONER UDUPI DISTRICT ”RAJATADRI”, MANIPAL UDUPI – 576 104.
Digitally signed by NAGAVENI Location: High Court of Karnataka
- 2 -
NC: 2025:KHC:16491 WP No. 28158 of 2024
3. DIRECTOR KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, RACE COURSE ROAD BENGALURU – 560 101.
4.
ASST. EXECUTIVE ENGINEER (ELECTRICITY) HEAVY WORK SUB-DIVISION MESCOM, 2ND FLOOR, HARIDARSHAN BUILDING UDUPI - MALPE ROAD, BANNAJE UDUPI – 576 101. …RESPONDENTS (BY SRI MOHAMMED JAFFAR SHAH, AGA FOR R1 AND R2;
SRI H.V.DEVARAJU, ADVOCATE FOR R3 AND R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATIONS BEARING NO.SAKAANIEMB/BRAHKAAUV/ UDUPI/2023-24/322 AND SAKAANIEMB/BRAHKAAUV/ UDUPI/2023-24/323 BOTH DTD 31.05.2023 ISSUED BY THE R4 (ANNX-A AND B).
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER The petitioners are before this Court seeking the following prayer:
“(a) Call for records;
(b) Issue a writ of CERTIORARI to quash the Communications bearing No. SaKaaNiEmb/ BrahKaaUV/Udupi/2023-24/322 and SaKaaNiEmb/ BrahKaaUV/Udupi/2023-24/323 dated 31/05/2023
- 3 -
NC: 2025:KHC:16491 WP No. 28158 of 2024
issued by the Respondent no. 4 (Annexure-A and B) OR
(c) Issue a writ of MANDAMUS to the Respondent nos. 1 to 3 to Award compensation at the market value as per Compensation Act 2013 after considering the Sale Deeds at Annexure K and L; dtd 18/5/2024, dated 18/11/2023.
(d) Pass such other order or orders as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity.”
2. Heard Sri Nataraj Ballal A., learned counsel for petitioners, Sri Mohammed Jaffar Shah, learned Additional Government Advocate for respondent Nos.1 and 2 and Sri H.V.Devaraju, learned counsel for respondent Nos.3 and 4.
3. The communications that are challenged are the ones which direct the petitioners to produce all the necessary documents for the purpose of determination of compensation.
4. Sri H.V.Devaraju, learned counsel for respondent Nos.3 and 4 would submit that if the documents are submitted, the compensation that is to be granted to the petitioners in law, would be considered.
- 4 -
NC: 2025:KHC:16491 WP No. 28158 of 2024
5. Sri Nataraj Ballal, learned counsel for petitioners submits that prior to the determination of the compensation, the petitioners should be heard in the matter and the learned counsel for respondents do not have any objection for the same. Learned counsel for petitioners undertakes that he would produce all the documents within 15 days. The submission is taken on record.
6. In that light, I deem it appropriate to dispose the petition, with the direction to the petitioners to furnish all the documents sought in the impugned communications to enable the respondents to determine the compensation, within 15 days from today and the concerned respondents shall pass appropriate orders/determination within six weeks, thereafter. While so determining, the petitioners shall be heard in the matter and the grievance of the petitioners shall be considered.
7. With the aforesaid directions, the petition stands
disposed. Till such time, no precipitative action be taken against the property of the petitioners.
- 5 -
NC: 2025:KHC:16491 WP No. 28158 of 2024
Ordered accordingly
Sd/- (M.NAGAPRASANNA) JUDGE
NVJ List No.: 1 Sl No.: 11 CT:SS