- 1 - HC-KAR NC: 2025:KHC:38378 WP No. 8641 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 8641 OF 2025 (GM-KEB) BETWEEN: THE EXECUTIVE ENGINEER (ELE) KARNATAKA POWER TRANSMISSION LIMITED., MAJOR WORKS DEPARTMENT, P.B. ROAD, R. H. BUILDING, SECOND FLOOR, DAVANAGERE - 577 002. …PETITIONER (BY SRI HV DEVARAJU, ADVOCATE) AND: SHRI.MADIVALA VEERABASAPPA @ M.VEERABASAPPA S/O SRI. BASAPPA, AGED ABOUT 66 YEARS, R/A KOMARANAHALLI VILLAGE, HARIHAR TALUK, DAVANAGERE - 577 530. …RESPONDENT (RESPONDENT - SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE- K, DATED 08/11/2024 PASSED IN CIVIL MISC. NO. 60/2020 ON THE FILE OF II ADDITIONAL DISTRICT AND SESSION JUDGE AT DAVANAGERE BY ISSUE OF WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT/ORDER OR DIRECTION. Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38378 WP No. 8641 of 2025 THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging order dated 08.09.2024 passed by II Addl. District and Sessions Judge, Davanagere, in C.Misc.no.60/2020 at Annexure-K, this writ petition is filed. 2. Sri HV Devaraju, learned counsel for petitioner submitted, respondent is owner of 4 Acres of land in Sy.no.61/B6 situated at Komaranahalli village, Malebennur Hobli, Harihar Taluk, Davanagere District. In year 2014, petitioner drew 66 KV High Tension Line over respondent's land. Alleging that due to drawing of High tension lines, respondent had sustained damage to his crop, and land suffered diminution of value, petition as per Annexure-A was filed before District Judge, Davanagere, in C.Misc.no.261/2019 under Section 16 (3) of Indian Telegraph Act, 1885 ('Act' for short). 3. It was submitted, though petitioner herein appeared and filed objections opposing claim petition on ground that it - 3 - HC-KAR NC: 2025:KHC:38378 WP No. 8641 of 2025 was barred by limitation and led evidence to substantiate that petition filed nearly 6 years after drawing of lines would be clearly barred by Limitation, learned District Judge allowed petition in part and directed petitioner to pay compensation of Rs.43,358/- to respondent, which would be contrary to law. 4. It was submitted, Hon'ble Supreme Court in case of Kerala State Electricity Board v. TP Kunhaliumma, reported in AIR 1977 SC 282, had held that period of limitation prescribed for filing of application/petition for damages under Section 16(3) of Act, would be three years as prescribed under Article 137 of Limitation Act. It was submitted, said judgment was followed by this Court in WP no.22208/2019 disposed of on 27.02.2024. Thus, impugned order would be unsustainable and prayed for allowing writ petition. 5. It is seen that similar contentions urged by petitioner herein in W.P.no.8738/2025 has been considered and petition was allowed on 09.09.2025. Present writ petition being similar, would therefore, be covered by said decision. - 4 - HC-KAR NC: 2025:KHC:38378 WP No. 8641 of 2025 6. Following order passed by this Court in W.P.no.8738/2025, this writ petition is allowed; impugned order and award dated 08.09.2024 passed by II Addl. District and Sessions Judge, Davanagere, in C.Misc.no.60/2020 at Annexure-K stands quashed, as barred by limitation. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 34