- 1 - HC-KAR NC: 2025:KHC:38380 WP No. 8758 of 2025 C/W WP No. 8779 of 2025 WP No. 9152 of 2025 AND 5 OTHERS 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. 8758 OF 2025 (GM-KEB) C/W WRIT PETITION NO. 8779 OF 2025 (GM-KEB) WRIT PETITION NO. 9152 OF 2025 (GM-KEB) WRIT PETITION NO. 20266 OF 2025 (GM-KEB) WRIT PETITION NO. 20397 OF 2025 (GM-KEB) WRIT PETITION NO. 20404 OF 2025 (GM-KEB) WRIT PETITION NO. 20652 OF 2025 (GM-KEB) WRIT PETITION NO. 20857 OF 2025 (GM-KEB) BETWEEN: THE EXECUTIVE ENGINEER (ELE) KARNATAKA POWER TRANSMISSION LTD., MAJOR WORKS DEPARTMENT, P.B. ROAD, R. H. BUILDING, SECOND FLOOR, DAVANAGERE - 577 002. …PETITIONER (COMMON IN ALL PETITIONS) (BY SRI H V DEVARAJU, ADVOCATE) WP NO. 8758/2025: AND: SMT.SIDDAMMA, W/O. KENCHAPPA, AGED ABOUT 54 YEARS, R/A KOMARANAHALLI VILLAGE, HARIHAR TALUK, DAVANAGERE - 577 530. Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38380 WP No. 8758 of 2025 C/W WP No. 8779 of 2025 WP No. 9152 of 2025 AND 5 OTHERS …RESPONDENT (RESPONDENT - SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING QUASH ANNEXURE-L DATED 08.11.2024 PASSED IN CIVIL MISC NO.75/2021 ON THE FILE OF THE II ADDL. DIST. AND SESSION JUDGE AT DAVANAGERE BY ISSUE OF WRIT OR CERTIORARI OR ANY OTHER APPROPRIATE WRIT. WP NO. 8779/2025: AND: SRI N. CHIRANJEEVI, S/O SRI N. VEERARAGHAVAIAH, AGED ABOUT 73 YEARS, R/A NANDITAVARE VILLAGE, HARIHAR TALUK, DAVANAGERE-577 530. …RESPONDENT (RESPONDENT - SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING QUASH ANNEXURE-K DATED 8.11.2024 PASSED IN CIVIL MISC NO.250/2019 ON THE FILE OF THE II ADDL. DIST. AND SESSION JUDGE AT DAVANAGERE BY ISSUE OF WRIT OR CERTIORARI OR ANY OTHER APPROPRIATE WRIT/ORDER OR DIRECTION. WP NO. 9152/2025: AND: SRI CHANNABASAPPA, S/O SRI RAMAPPA, AGED ABOUT 46 YEARS, R/A KOMARANAHALLI VILLAGE, - 3 - HC-KAR NC: 2025:KHC:38380 WP No. 8758 of 2025 C/W WP No. 8779 of 2025 WP No. 9152 of 2025 AND 5 OTHERS HARIHAR TALUK, DAVANAGERE-577 530. …RESPONDENT (RESPONDENT - SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING QUASH ANNEXURE-N DATED 8.11.2024 PASSED IN CIVIL MISC NO.78/2021 ON THE FILE OF THE II ADDL. DIST AND SESSION JUDGE AT DAVANAGERE BY ISSUE OF WRIT OR CERTIORARI OR ANY OTHER APPROPRIATE WRIT/ORDER OR DIRECTION. WP NO. 20266/2025: AND: SRI SRINIVASA, S/O SRI MARIDI NARASAIAH, AGED ABOUT 55 YEARS, R/A BHASKAR RAO CAMP, NANDITAVARE VILLAGE, HARIHAR TALUK, DAVANAGERE-577 530. …RESPONDENT (RESPONDENT - SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING QUASH ANNEXURE-J DATED 29.04.2025 PASSED IN CIVIL MISC NO.254/2019 ON THE FILE OF THE II ADDL. DIST. AND SESSION JUDGE AT DAVANAGERE BY ISSUE OF WRIT OR CERTIORARI OR ANY OTHER APPROPRIATE WRIT/ORDER OR DIRECTION. WP NO. 20397/2025: AND: - 4 - HC-KAR NC: 2025:KHC:38380 WP No. 8758 of 2025 C/W WP No. 8779 of 2025 WP No. 9152 of 2025 AND 5 OTHERS SRI I. PUTTAPPA, S/O SRI MAYAPPA, AGED ABOUT 79 YEARS, R/A KOMARANAHALLI VILLAGE, HARIHAR TALUK, DAVANAGERE-577 601. …RESPONDENT (RESPONDENT - SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING QUASH ANNEXURE-K DATED 29.04.2025 PASSED IN CIVIL MISC NO.58/2020 ON THE FILE OF THE II ADDL. DIST AND SESSION JUDGE AT DAVANAGERE BY ISSUE OF WRIT OR CERTIORARI OR ANY OTHER. WP NO. 20404/2025: AND: SRI SYED IBRAHIM SAB, S/O SRI AHAMADA SAB, AGED ABOUT 81 YEARS, R/A BHANUVALLI VILLAGE, HARIHAR TALUK, DAVANAGERE-577 601. …RESPONDENT (RESPONDENT - SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING QUASH ANNEXURE-K DATED 29.04.2025 PASSED IN CIVIL MISC NO.63/2020 ON THE FILE OF THE II ADDL. DIST AND SESSION JUDGE AT DAVANAGERE BY ISSUE OF WRIT OR CERTIORARI OR ANY OTHER. WP NO. 20652/2025: AND: - 5 - HC-KAR NC: 2025:KHC:38380 WP No. 8758 of 2025 C/W WP No. 8779 of 2025 WP No. 9152 of 2025 AND 5 OTHERS SRI BANNIKODU RANGAPPA @ RANGAPPA, S/O SRI BANNIKODU RAMAPPA @ RAMAPPA, AGED ABOUT 61 YEARS, R/A HOSUR ROAD KOMARANAHALLI VILLAGE, HARIHAR TALUK, DAVANAGERE-577 601. …RESPONDENT (RESPONDENT - SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING QUASH ANNEXURE-K & K1 DATED 29.04.2025 PASSED IN CIVIL MISC NO.88/2020 ON THE FILE OF THE II ADDL. DIST. AND SESSION JUDGE AT DAVANAGERE BY ISSUE OF WRIT OR CERTIORARI OR ANY OTHER. WP NO. 20857/2025: AND: SRI NAGAPPA, S/O SRI NINGAPPA Y., @ NINGAPPA, AGED ABOUT 67 YEARS, R/A NANDITAVARE VILLAGE, HARIHAR TALUK, DAVANAGERE - 577 601. …RESPONDENT (RESPONDENT - SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING QUASH ANNEXURE-K DATED 29.04.2025 PASSED IN CIVIL MISC NO.251/2019 ON THE FILE OF THE II ADDL. DIST AND SESSION JUDGE AT DAVANAGERE BY ISSUE OF WRIT OR CERTIORARI OR ANY OTHER. - 6 - HC-KAR NC: 2025:KHC:38380 WP No. 8758 of 2025 C/W WP No. 8779 of 2025 WP No. 9152 of 2025 AND 5 OTHERS THESE WRIT PETITIONS ARE 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 following orders passed by II Addl. District and Sessions Judge, Davanagere, these writ petitions are filed. SL.No. WRIT PETITION No. DATE OF ORDER C.MISC.No. ANNEXURE 1 8758/2025 08.11.2024 75/2021 L 2 8779/2025 08.11.2024 250/2019 K 3 9152/2025 08.11.2024 78/2021 N 4 20266/2025 29.04.2025 254/2019 J 5 20397/2025 29.04.2025 58/2020 K 6 20404/2025 29.04.2025 63/2020 K 7 20652/2025 29.04.2025 88/2020 K & K1 8 20857/2025 29.04.2025 251/2019 K 2. Sri HV Devaraju, learned counsel for petitioner submitted, writ petitions were filed by Electricity Transmission Company, challenging orders/award passed by District Court in - 7 - HC-KAR NC: 2025:KHC:38380 WP No. 8758 of 2025 C/W WP No. 8779 of 2025 WP No. 9152 of 2025 AND 5 OTHERS petitions filed under Section 16 (3) of Indian Telegraph Act, 1885 ('Act' for short). 3. It was submitted, respondents claimed to be owners of different extents of lands as stated in table below: SL.No. WRIT PETITION No. SY.No. EXTENT 1 8758/2025 145/2, Komaranahalli village, Malebennur Hobli, Harihara Taluk, Davanagere District 2 Acres 15 guntas 2 8779/2025 70/3, Nanditavare village, Malebennur Hobli, Harihara Taluk, Davanagere District 1 Acre 3 9152/2025 144/1 & 143/2, Komaranahalli village, Malebennur Hobli, Harihara Taluk, Davanagere District 2 Acres 16 guntas 4 20266/2025 66/4p1, Nanditavare village, Malebennur Hobli, Harihara Taluk, Davanagere District 2 Acres 13 guntas 5 20397/2025 128/2, Komaranahalli village, Malebennur Hobli, Harihara Taluk, Davanagere District 1 Acre 20 guntas 6 20404/2025 67/1, Lakkashettihalli 2 Acres - 8 - HC-KAR NC: 2025:KHC:38380 WP No. 8758 of 2025 C/W WP No. 8779 of 2025 WP No. 9152 of 2025 AND 5 OTHERS village, Kasaba Hobli, Harihara Taluk, Davanagere District 2 guntas 7 20652/2025 143/1, Komaranahalli village, Malebennur Hobli, Harihara Taluk, Davanagere District 2 Acres 15 guntas 8 20857/2025 79/1, Nanditavare village, Malebennur Hobli, Harihara Taluk, Davanagere District 11 Acres 7 guntas 4. It was alleged by them that in year 2006, petitioner had drawn 66 KV High Tension Line over their lands, which had caused damage to their crops/trees, and even lands had suffered diminution of value. Therefore, they had filed petitions before District Judge, Davanagere, under Section 16 (3) of Act. 5. It was submitted, on appearance, it was noticed that petitions were filed nearly 13 years after drawing of lines and would be clearly barred by Limitation. Therefore, filed objections opposing claim petitions as being barred by limitation. It also led evidence to substantiate same. However, learned District Judge did not consider same and allowed petitions in part and directed petitioner to pay compensation. It - 9 - HC-KAR NC: 2025:KHC:38380 WP No. 8758 of 2025 C/W WP No. 8779 of 2025 WP No. 9152 of 2025 AND 5 OTHERS was submitted, said awards were contrary to law laid down by Hon'ble Supreme Court in case of Kerala State Electricity Board v. TP Kunhaliumma, reported in AIR 1977 SC 282, wherein it was 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 orders/awards would be unsustainable and prayed for quashing of same by allowing writ petitions. 6. It is seen that specific grounds was urged by petitioner herein before trial Court as well as in this writ petition. Respondents though served, have chosen to remain unrepresented. Therefore, petitions were clubbed together, heard and taken up for disposal. 7. From above, claim of respondents about they being owners of extents of lands and drawing of Overhead Electricity Transmission Lines by petitioner herein is not in dispute. It is not in dispute that owners of lands would be entitle for compensation for damage sustained due to drawing of - 10 - HC-KAR NC: 2025:KHC:38380 WP No. 8758 of 2025 C/W WP No. 8779 of 2025 WP No. 9152 of 2025 AND 5 OTHERS Overhead Transmission Lines over their lands. But, as per ratio laid down by Hon'ble Supreme Court in TP Kunhaliumma's case (supra), period of limitation for filing of application for damages under Section 16 (3) of Act would be three years from date of drawing of Transmission Lines. Perusal of applications filed by respondents would indicate omission about stating date of drawing of transmission lines. However, in objections filed, petitioner herein has specifically stated about drawing of lines more than three years prior to filing of applications and 22.09.2014 being date of commissioning of transmission line. And in cross examination of respondent-applicant, admission is secured about said date. Since, applications for damages are filed beyond period of three years after date of drawing/commissioning of line, same would be bared by period of limitation prescribed in Art.137 of Limitation Act. 8. It is also seen that similar contentions urged by petitioner herein in WP no.8738/2025 has been considered and petition was allowed on 09.09.2025. Present writ petition being similar, would be covered by said decision. - 11 - HC-KAR NC: 2025:KHC:38380 WP No. 8758 of 2025 C/W WP No. 8779 of 2025 WP No. 9152 of 2025 AND 5 OTHERS 9. Following order passed by this Court in WP no.8738/2025, writ petitions are allowed; following orders/awards passed by II Addl. District and Sessions Judge, Davanagere, are quashed as barred by limitation. SL.No. WRIT PETITION No. DATE OF ORDER C.MISC.No. ANNEXURE 1 8758/2025 08.11.2024 75/2021 L 2 8779/2025 08.11.2024 250/2019 K 3 9152/2025 08.11.2024 78/2021 N 4 20266/2025 29.04.2025 254/2019 J 5 20397/2025 29.04.2025 58/2020 K 6 20404/2025 29.04.2025 63/2020 K 7 20652/2025 29.04.2025 88/2020 K & K1 8 20857/2025 29.04.2025 251/2019 K Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 35