- 1 - HC-KAR NC: 2025:KHC-D:9253 WP No. 103380 of 2025 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 28TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.103380 OF 2025 (GM-KEB) BETWEEN: 1. HEMARADDI S/O. HANAMARADDI KONARADDI, AGE: 55 YEARS, OCC: AGRICULTURE. 2. CHANDRAPPA S/O. HANAMARADDI KONARADDI, AGE: 50 YEARS, OCC: AGRICULTURE. 3. PANDAPPA S/O. HANAMARADDI KONARADDI, AGE: 48 YEARS, OCC: AGRICULTURE & ADVOCATE. 4. MANJUNATH S/O. NINGAPPA TIPPANNAVAR, AGE: 23 YEARS, OCC: AGRICULTURE. 5. GOVINDAPPA S/O. HANAMAPPA HARAKUNI. AGE: 61 YEARS, OCC: AGRICULTURE. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9253 WP No. 103380 of 2025 ALL ARE R/O: CHILAKAWAD, TQ: NAVALAGUND, DIST: DHARWAD - 582 208. …PETITIONERS (BY SRI. U. G. KATTIMANI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, DHARWAD – 580 001. 2. THE EXECUTIVE ENGINEER (ELE), KARNATAKA POWER TRANSMISSION CORPORATION LTD., PROJECT DIVISION KPTCL, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD – 580 020. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM AGA FOR R1; SRI. GURUDEV I. GACHCHINAMATH, ADVOCATE FOR R2) --- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE NOTIFICATION NO.L.A.Q/SIR/31/2023-24, DATED 24.12.2024, ISSUED BY THE RESPONDENT NO.1, INSOFAR PETITIONERS ARE CONCERNED, AS COPY OF THE SAME IS PRODUCED AT ANNEXURE-A; AND A WRIT OF MANDAMUS DIRECTION AGAINST RESPONDENTS TO CONSIDER THE OBJECTION DATED 19.05.2025 COPY OF THE SAME IS PRODUCED AT ANNEXURE-B TO B2 AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:9253 WP No. 103380 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a. Writ of certiorari to quash the notification no.L.A.Q/SiR/31/2023-24, dated 24.12.2024, issued by the respondent no.1, insofar petitioners are concern, as copy of the same is produced at Annexure-A. b. Writ of mandamus direction against respondents to consider the objection dated 19.05.2025 copy of the same is produced at Annexure-B to B2. c.. Any other order in the nature of writ as this Hon’ble Court thinks fit in the interest of justice and equity. 2. The grievance of the petitioners is that, respondent No.2 has issued a notification for laying of electric poles in the land of the petitioners in Survey Nos. 85, 175, 176 and 167 of Chilakawad Village, Navalgund Taluk. The challenge which has been made is as regards the power of respondents to issue such a notification. - 4 - HC-KAR NC: 2025:KHC-D:9253 WP No. 103380 of 2025 3. However, during the course of the arguments, learned counsel for the petitioners submitted that he would not challenge the power to issue notification, but his grievance would be satisfied if the representation/objection dated 19.05.2025 would be considered. 4. Learned counsel for respondent No.2 submitted that the compensation has been determined and is ready to be paid, which shall be paid as soon as the petitioners approach respondent No.2 for such payment. 5. Learned counsel for the petitioners seeks liberty to accept the said compensation without prejudice to their rights to approach the Deputy Commissioner under Section 16 of the Indian Telegraph Act, 1885. 6. In that view of the matter, respondent No.2 is directed to consider the objection of the petitioners under Section 16 of the Indian Telegraph Act, 1885. The petition stands disposed of. - 5 - HC-KAR NC: 2025:KHC-D:9253 WP No. 103380 of 2025 7. It is also made clear that the acceptance of compensation now determined shall be without prejudice to their rights to approach the Deputy Commissioner under Section 16 of the Indian Telegraph Act, 1885. 8. In view of disposal of the main petition, all pending I.As. stand disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-ASC List No.: 1 Sl No.: 28