- 1 - HC-KAR NC: 2025:KHC:21147 WP No. 28354 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 28354 OF 2024 (GM-KEB) BETWEEN: 1. SRI. M.K.SUBBAIAH S/O M.A.KAVERAPPA, AGED ABOUT 52 YEARS, R/AT AIMANGALA VILLAGE, VIRAJPET, KODAGU-571 218. 2. M.K.THIMMAIAH S/O M.A.KAVERAPPA, AGED ABOUT 50 YEARS, R/AT AIMANGALA VILLAGE, VIRAJPET, KODAGU-571 218. …PETITIONERS (BY SRI. SOMANNA.K.P., ADVOCATE FOR SRI. KARTHIK NATESH., ADVOCATE) AND: 1. THE STATE OF KARNATAKA RERPESENTED BY ITS ADDITIONAL SECRETARY, 2ND FLOOR, VIKASA SOUDHA, B.R.AMBEDKAR STREET, BENGALURU-560 001. 2. THE KARNATAKA POWER TRANSMISSION CORPORATION LTD., REPRESENTED BY ITS MANAGING DIRECTOR, KAVERI BHAVAN, K.G.ROAD, BENGALURU-560 009. 3. THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21147 WP No. 28354 of 2024 D.C.OFFICE COMPLEX, MADIKERI-571 201. 4. THE ASSISTANT EXECUTIVE ENGINEER, CESCOM, VIRAJPET SUB-DIVISION, VIRAJPET-571 218. …RESPONDENTS (BY SRI. RAJAKUMAR.M., AGA FOR R1 & 3; SRI. H.V.DEVARAJU., ADVOCATE FOR R2; SRI. C.CHANNEGOWDA., ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Somanna.K.P., counsel on behalf of Sri.Karthik Natesh., for the petitioners, Sri.Rajakumar.M., AGA for respondents 1 and 3, Sri.H.V.Devaraju., counsel for respondent No.2 and Sri.C.Channe Gowda., counsel for respondent No.4 have appeared in person. 2. The captioned Writ Petition is filed seeking following reliefs: I. Issue a Writ of Certiorari to quash the order dated 07.11.2023 passed by the third respondent in File No.KDGDC-LAQ/LAQ/32/2023-JHM-KODAGU DC vide Annexure-J. - 3 - HC-KAR NC: 2025:KHC:21147 WP No. 28354 of 2024 II. Issue a Writ of Mandamus directing the second respondent to pay the compensation in terms of the order dated 09.01.2023 passed by the third respondent vide Annexure-H. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. Suffice it to note that the KPTCL wanted to draw 66 KV electric transmission line across the petitioners' property. The Deputy Commissioner vide order dated 09.01.2023 fixed the compensation. As the matter stood thus, the KPTCL requested the Deputy Commissioner to re-fix the compensation amount by writing a letter on 04.05.2023. Taking note of the said letter, the Deputy Commissioner vide order dated 07.11.2023 modified the earlier order and re-fixed/ reduced the compensation. This is untenable in law. The reason is apparent. The Deputy Commissioner could not have acted and reduced the compensation based on a letter that was written by the KPTCL. If at all the KPTCL had any grievance as against the order dated 09.01.2023, they could have approached - 4 - HC-KAR NC: 2025:KHC:21147 WP No. 28354 of 2024 appropriate Forum. Furthermore, before passing the order dated 07.11.2023, the principles of natural justice has not been followed. The petitioners were not heard, on the contrary the compensation awarded was reduced. Hence, the order dated 07.11.2023 is liable to be quashed. 5. The Writ of Certiorari is ordered. The order dated 07.11.2023 passed by the Deputy Commissioner in File No.KDGDC-LAQ/LAQ/32/2023-JHM-KODAGU DC vide Annexure-J is quashed. 6. Resultantly, the Writ Petition is disposed of. The KPTCL may agitate their grievance before appropriate Forum in accordance with the law, if so advised. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 49