- 1 - NC: 2025:KHC-D:2684 WP No. 84522 of 2013 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 84522 OF 2013 (S-RES) BETWEEN: 1. CHAITANYAKUMAR S/O. K. SOMAPPA, AGE: 27 YEARS, R/O. 4TH MAIN ROAD, 3RD CROSS, NEAR VENKATESHWARSWAMI TEMPLE, PATEL NAGAR, BELLARY, DIST: BELLARY. 2. K. ANUSUYAMMA W/O. K. SOMAPPA, AGE: 50 YEARS, R/O. 4TH MAIN ROAD, 3RD CROSS, NEAR VENKATESHWARSWAMI TEMPLE, PATEL NAGAR, BELLARY, DIST: BELLARY. …PETITIONERS (BY SRI GIRISH YADAWAD, ADVOCATE) AND: KARNATAKA POWER CORPORATION, BY ITS EXECUTIVE DIRECTOR, BELALRY THERMAL POWER STATION, KUDITINI, DIST: BELLARY. …RESPONDENT (BY SRI ASHOK R. KALYANSHETTY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE RESPONDENT IN NO. VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.02.19 10:32:40 +0530 - 2 - NC: 2025:KHC-D:2684 WP No. 84522 of 2013 ED(BT)P1A(BhuSam 2889) DATED 01.03.2013 VIDE ANNEXURE-D. DIRECT THE RESPONDENT HEREIN TO APPOINT THE PETITIONER NO.1 AS TRAINEE C IN CATERGORY-1 IN KARNATAKA POWER CORPORATION. PASS SUCH ORDER OR ORDERS WHICH THIS HON’BLE COURT DEEMS FIT AND NECESSARY UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: (a) Quash the impugned order passed by the respondent in no. ED(BT)P1A(BhuSam 2889) dated 01.03.2013 vide Annexure-D. (b) Direct the respondent herein to appoint the petitioner no.1 as trainee C in catergory-1 in Karnataka Power Corporation. (c) Pass such order or orders which this Hon’ble Court deems fit and necessary under the facts and circumstances of the case. 2. Heard the learned counsel Sri.Girish Yadwad appearing for petitioner and learned Senior Counsel Sri.Ashok R. Kalayanashetty appearing for respondent. - 3 - NC: 2025:KHC-D:2684 WP No. 84522 of 2013 3. Facts in brief germane are as follows: The first petitioner is the son of the 2nd petitioner. The lands of the petitioners were said to be acquired for establishing the Thermal Power Plant by the respondent-Corporation. In terms of the scheme notified by the Corporation for rehabilitation of land losers, the mandate was that one appointment should be given to the family of the members of land losers. The 1st petitioner being the son of the 2nd petitioner had filed an application seeking appointment as a trainee-C which had been rejected by the respondent on the ground that he is the sister’s son of the land loser, who had lost the land for establishing Bellary Thermal Power Plant. Therefore the petitioner is before this Court. 4. Learned counsel Sri.Girish Yadwad appearing for the petitioner submits that there was a partition in the family prior to the acquisition of lands for the purpose of the establishment of Thermal Power Plant. That has not been looked into by the respondents and therefore the son - 4 - NC: 2025:KHC-D:2684 WP No. 84522 of 2013 of the 1st petitioner becomes entitled to consideration for appointment under the scheme of rehabilitation of land losers. Learned counsel would submit the petition be allowed and a direction be issued to that effect. 5. Learned Senior Counsel Sri.Ashok R. Kalayanshetty representing the respondent would refute the submission in contending that the grandson of the land loser has already been offered employment and their cannot be two employments in the same family. He would seek to place reliance upon the judgment rendered with Co-Ordinate bench in identical circumstances. 6. Learned counsel Sri.Girish Yadwad at this juncture submits that if an identical order as is passed by the Co-Ordinate benches is passed in the case of the petitioner, as well would suffice, for the present. 7. Therefore without going into the merit of the claim of the petitioner, I deem it appropriate to dispose the petition following, what the Co-Ordinate bench has held while issuing a direction by writ in the nature of mandamus to the respondent to consider such cases. - 5 - NC: 2025:KHC-D:2684 WP No. 84522 of 2013 8. A Co-Ordinate bench of this Court in Writ Petition No.104834/2022 has held as follows: “2. Sri B. Chidananda, learned counsel appearing for petitioner submitted that land bearing Sy.no.760/C/1 measuring 1 acre 99 cents belonging to petitioner's grandfather Sri Narayanapa was acquired by KIADB for establishment of Ballari Thermal Power Station. Thus, petitioner's grandfather was a land loser as per Annexure- A. It was submitted, in order to confer benefit to land losers, respondent - KPCL had come up with a scheme for giving training and employment to one member per family of land losers. 3. In terms thereof, and since no other family member of petitioner had obtained training or employment, petitioner filed application as per Annexure-B with respondent no.3. Thereafter, respondent no.3 sought further documents or details as per Annexures-C and D. After petitioner had furnished requisite particulars and documents, instead of considering representation, respondent issued endorsement as per Annexure-E stating that writ petition filed by one Sri Chaitanya Kumar S/o Anusuyama in W.P.no.84522/2013 was pending before High Court at Dharwad and until its disposal, petitioner's representation or request could not be considered. 4. It was submitted under similar circumstances, this Court in W.P.no.66675/2009 and connected matters by referring to judgment dated 17.01.2012 passed in Writ Appeal in W.A.nos.6458-6462/2010 and connected matters had directed respondents to give training for a period of one year. On said basis, learned counsel for petitioner submitted that petitioner was seeking for availing training from respondents. 5. On other hand, Sri Mrutyunjaya S. Hallikeri, learned counsel for respondents sought to oppose writ petition. It was firstly submitted that order passed in W.A.nos.6458- 6462/2010 referred to in W.P.no.66675/2009 and connected matters, was questioned before Hon’ble Supreme Court and presently challenge was pending in Special Leave to Appeal (C) - 6 - NC: 2025:KHC-D:2684 WP No. 84522 of 2013 nos.19348-19366/2019. It was therefore submitted petitioner's representation could not be considered. 6. In reply, learned counsel for petitioner submitted in case there was no interim order obtained by respondents, there would be no impediment for considering petitioner's representation. 7. Heard learned counsel and perused writ petition record. 8. From above, since only relief sought for by petitioner is for a writ of mandamus to consider his application/representation dated 16.07.2014 as per Annexure-B for providing training and even as per correspondence at Annexure-E, same was pending, if no interim order was granted against orders passed by this Court, there will be no impediment for them to consider petitioner's representation. Hence, without expressing any opinion on merits or demerits of representation/application, writ petition stands disposed of. Respondents to consider petitioner's application/representation and pass appropriate orders thereon under intimation to petitioner within a period of three months from date of receipt of certified copy of this order. It is clarified that issuance of direction to consider shall not be treated as a positive direction to grant relief sought for in representation, but, only as a direction to consider representation in accordance with law on its own merits but, within time limit indicated.” 9. In the light of the submission of learned counsel Sri.Girish Yadwad that it would suffice if an order of the kind is passed. The petition is disposed directing the representation of the petitioner to be considered in - 7 - NC: 2025:KHC-D:2684 WP No. 84522 of 2013 accordance with law, as what is directed by the Co- Ordinate bench, in the aforesaid petition. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RHR/- List No.: 1 Sl No.: 6