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2025 DAILYLAW 41164 (KAR)

SRI. V. LAKSHMINARAYANA, v. BENGALURU ELECTRICITY SUPPLY COMPANY LIMITED (CORPORATE OFFICE)

WP/25428/2024 · 2025-09-23

Ravi V Hosmani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:38377 WP No. 25428 of 2024 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. 25428 OF 2024 (GM-KEB) BETWEEN: 1. SRI V. LAKSHMINARAYANA, S/O SRI Y. VENKATESH, AGED ABOUT 29 YEARS, R/A NO.40, KURUBAKUNTE VILLAGE, YALIYUR POST, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110. 2. SRI PUNITH KUMAR C, S/O SRI CHANDRAPPA, AGED ABOUT 30 YEARS, R/A KURUBAKUNTE VILLAGE, YALIYUR POST, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110. 3. SRINIVAS H.V., S/O LATE SRI VENKATAPPA, AGED ABOUT 38 YEARS, R/A K. HOSUR VILLAGE, KOIRA, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110. 4. SRI NARASIMHA MURTHY, S/O SRI VENKATESHAPPA, AGED ABOUT 49 YEARS, R/A NO.43, KURUBAKUNTE VILLAGE, YALIYUR POST, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562110. 5. SRI KRISHNAPPA, S/O SRI NARAYANAPPA, AGED ABOUT 64 YEARS Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38377 WP No. 25428 of 2024 R/A HOSA KURUBAKUNTE VILLAGE, YALIYUR POST, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110. 6. SRI KRISHNAPPA, SON OF SRI MUNISHAMAPPA, AGED ABOUT 68 YEARS, R/A NO.41, KURUBAKUNTE VILLAGE, YALIYUR POST, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110. 7. SRI NARASIMHA MURTHY, S/O RAMANJINAPPA, AGED ABOUT 66 YEARS, R/A KURUBAKUNTE VILLAGE, YALIYUR POST, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110. …PETITIONERS (BY SRI C SHANKAR REDDY, ADVOCATE) AND: 1. BENGALURU ELECTRICITY SUPPLY COMPANY LIMITED (CORPORATE OFFICE) (CORPORATE OFFICER) K.R CIRCLE, NRUPATHUNGA ROAD, BENGALURU 560001. REP BY ITS MANAGING DIRECTOR. 2. THE ASSISTANT EXECUTIVE ENGINEER, WORKS AND MAINTENANCE SUB DIVISION, DEVANAHALLI TALUK, DEVANAHALLI-562110. 3. THE ASSISTANT EXECUTIVE ENGINEER (ELE), C, O AND M SUB DIVISION, DEVANAHALLI, BENGALURU RURAL DISTRICT - 562 110. 4. AVATHI GRAMA PANCHAYATH, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110 - 3 - HC-KAR NC: 2025:KHC:38377 WP No. 25428 of 2024 REPRESENTED BY ITS PANCHAYATH DEVELOPMENT OFFICER. 5. THE DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT, DISTRICT OFFICE COMPLEX, BEERASANDRA VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110. …RESPONDENTS (BY SRI H.V.DEVARAJU, ADVOCATE FOR R1 TO R3; SRI M.S. DEVARAJU, ADVOCATE FOR R4; SMT. VAHEEDA, AGA FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PERMISSION DATED 07.05.2024 BEARING NO. A GRA.PAM.6/2024- 25 ISSUED BY THE PANCHAYATH DEVELOPMENT OFFICER, AVATHI GRAMA PANCHAYATH, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT, RESPONDENT NO.4 HEREIN, PRODUCED AND MARKED AS ANNEXURE-K TO THIS WRIT PETITION AND ETC., 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 - 4 - HC-KAR NC: 2025:KHC:38377 WP No. 25428 of 2024 ORAL ORDER Challenging order/permission dated 07.05.2024 issued by respondent no.4 at Annexure-K and seeking for writ of mandamus directing respondent no.3 not to lay any power lines over petitioner's lands, etc., this writ petition is filed. 2. Sri C Shankar Reddy, learned counsel for petitioners submitted, petitioners were owners of petition schedule properties respectively. It was submitted, respondents no.1 to 3 intended to draw 11 KV Underground transmission line from Devanahalli Sub-station/distribution centre to ISRO R & D Centre. For said purposes, respondents appeared to have obtained permission from respondent no.4 as per Annexure-K. It was submitted, petitioners apprehended that under guise of said permission, respondents no.1 to 3 were likely to draw lines over petitioners' lands. Hence, writ petition was filed. It was submitted, in statement of objections, respondents no.1 to 3 had stated that 11 KV underground transmission line will be drawn on road, without causing any damages to petitioners' lands. It was submitted, noting said statement as undertaking by respondents, writ petition could be disposed of. - 5 - HC-KAR NC: 2025:KHC:38377 WP No. 25428 of 2024 3. On other hand, Sri HV Devaraju, learned counsel for respondents no.1 to 3, Sri MS Devaraju, learned counsel for respondent no.4 and learned AGA for respondent no.5 opposed writ petition. It was submitted, writ petition was filed based on apprehensions would not be tenable. It was submitted, respondents no.1 to 3 intended to lay High Tension Underground transmission lines under tar road and same would not, in any manner, cause damages to petitioners' lands. In view of above, there was no merit in writ petition and sought for dismissal. 4. Heard learned counsel and perused writ petition. 5. From above, it is seen, petitioners' grievance against order at Annexure-K is that under guise of said permission, respondents no.1 to 3 were likely to trench upon petitioners' lands and cause damage. 6. But, a specific statement made by respondents no.1 to 3, in their statement of objections: "5…………………………It could be seen from the Photographs the Tar Road and 11kV HT UG Cable will be drawn on the Road and as such there is no damages will be caused to the Petitioners. - 6 - HC-KAR NC: 2025:KHC:38377 WP No. 25428 of 2024 6. It is submitted that, the BESCOM laying 11 kV UG Cable on the Public asphalt (Tar Road) edges below more than 3 feet Grounds Level duly following Cable Laying standard procedure and therefore, it will not effect to any public and to the Petitioners and wherein in the said Road already some Layouts are formed and therefore, the allegations made in the Writ Petition that, Laying of 11 kV HT UG Cable causes damages to the Petitioners Lands are all false. 7. It is submitted that, the claim of the Petitioners that they are the owners of the Schedule Property are not in dispute and however 11 kV HT UG Cable will be drown on the Tar Road which have been already formed and as such the Petitioners have no right to claim as a ownership over the Tar Road under which the 4th Respondent granted permission for Road Cutting of 2.3 Kilometers out of which 850 maters work has been completed and therefore, the petitioners are not entitle for any relief as sought in the above Writ Petition." 7. Said assertions that respondents would proceed to lay High Tension Underground transmission lines under road without causing any damages to petitioners' lands would render petitioners' apprehensions in writ petition without basis. Taking note of said assertions as undertaking, writ petition stands disposed of. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 31