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2025 DAILYLAW 41235 (KAR)

SRI ROHITHASHWA v. UNION OF INDIA

WP/28984/2023 · 2025-09-23

Ravi V Hosmani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:38381 WP No. 28984 of 2023 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. 28984 OF 2023 (GM-KEB) BETWEEN: 1. SRI ROHITHASHWA, S/O MUNDAPPA BANGA, AGED ABOUT 58 YEARS, R/AT 3-104, MANGALAPADAVU, MUDIMARU HOUSE, VEERAKAMBHA VILLAGE, MANGALAPADAVU POST, VITTLA, D K - 574 243. 2. RAJEEVA GOWDA, S/O SESU GOWDA, AGED ABOUT 67 YEARS, R/AT 7-81A, KOCHODI HOUSE, MANGALAPADAVU POST, VITTLA, D K - 574 243. 3. SUBHASH RAI, S/O RAMANNA RAI, AGED ABOUT 50 YEARS, R/AT 3-66/2, MUDIMARU HOUSE, VITTLA, VEERAKAMBA, D K - 574 243. 4. RAMANANDA SHETTY, S/O CHANDAYYA SHETTY, AGED ABOUT 41 YEARS, R/AT 6-153, MANGALAPADAVU, MUDIMARU HOUSE, KASABA VILLAGE, MANGALAPADAVU POST VITTLA, D K - 574 243. Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38381 WP No. 28984 of 2023 5. ROBERT S MASCARENHAS, S/O ALBERT MASCARENHAS, AGED ABOUT 43 YEARS, R/AT 3-73, BENJANTHIMAR HOUSE, VEERAKAMBHA VILLAGE, MANGALAPADAVU POST, VITTLA, D K-574243. 6. U.P. JAYARAM, S/O K P SUKUMARAN, AGED ABOUT 41 YEARS, R/AT 3-505 UKKUDA, VITTLA KASABA VILLAGE, BANTWAL TALUK, VITTLA, D K - 574 243. 7. K VASAPPA GOWDA, S/O LATE BALU GOWDA, AGED ABOUT 47 YEARS R/AT 7-80, KOCHODI VITTLA, MANGALAPADAVU POST, VITTLA, D K - 574 243. 8. RAVI PRASAD, S/O ANANTHARAMAMARIDDITAYYA, AGED ABOUT 46 YEARS, R/AT 1-5, VANABHOJANA HOUSE, VITTAL KASABA, BANTWAL TALUK, D.K - 574 243. 9. KESHAVA SHETTIGAR V., S/O GURUVAPPASHETTIGAR, AGED ABOUT 55 YEARS, R/AT 1-10, VANABHOJANA HOUSE, VITTAL KASABA, BANTWAL TALUK, D.K 574243. 10. PADMINI R BHAT, W/O V RAMA BHAT, AGED ABOUT 76 YEARS, R/AT 4-1, ALANGARU, VITTALMUDNOOR, BANTWAL TALUK, VITTAL, D.K-574243. - 3 - HC-KAR NC: 2025:KHC:38381 WP No. 28984 of 2023 11. PADMANABHA SHETTIGAR, S/O BEERAPPA SHETTYGAR, AGED ABOUT 52 YEARS, R/AT 11, VANABHOJANA HOUSE, VITTAL KASABA, BANTWAL TALUK, D.K -574 243. 12. RAVINDRA A., S/O DOMMASHETTY, AGED ABOUT 35 YEARS, R/AT VANABHOJANA HOUSE, VITTAL KASABA, BANTWAL TALUK, D.K - 574 243. 13. DOMMA SHETTY P., S/O TANIYA SHETTY, AGED ABOUT 58 YEARS, R/AT VANABHOJANA HOUSE, VITTAL KASABA, BANTWAL TALUK, D.K 574243. 14. SRINIVAS MARADITHAYA S/O LATE GOPALAKRISHNAMARIDITHAYA, AGED ABOUT 75 YEARS, R/AT 1-6, VANABHOJANA HOUSE, VITTAL KASABA, BANTWAL TALUK, D.K - 574 243. 15. ESTHAL VEGUS W/O MENWELVEGUS, AGED ABOUT 58 YEARS, R/AT 3-81, CHANDAPADI, MUDIMARU HOUSE, VITTALA, KASABA VITTLA, D.K - 574 243. 16. A VISHNU BHAT, S/O S SUBBANNA BHAT, AGED ABOUT 62 YEARS, R/AT 4-9, ALANGARU VITTAL, VITTALAMUDNUR, BANTWAL TALUK, - 4 - HC-KAR NC: 2025:KHC:38381 WP No. 28984 of 2023 D.K -574243 17. PADMANABHA GOWDA, S/O LATE BENKAPPA GOWDA, AGED ABOUT 51 YEARS, R/AT 7-85A, KOCHODI HOUSE, MANGALAPADAVU POST, VITTAL, D.K-574243. 18. NISHANTH NARAYAN S/O NARAYANA BHAT, AGED ABOUT 51 YEARS, R/AT BILLANPADVU HOUSE, SATHYASAHIVIHARA, ALIKE VILLAGE, BANTWAL TALUK, D.K-574243. 19. SHIVAPRASAD M., S/O VENKATESHWARA BHAT, AGED ABOUT MAJOR, R/AT MENASINAGANDI HOUSE AND POST, SATHYASAHIVIHARA, ALIKE VILLAGE, BANTWAL TALUK, D.K-574243. 20. RADHAKRISHNA GOWDA S/O LATE SHIVAPPA GOWDA, AGED ABOUT 52 YEARS R/AT 7-78, MANGALAPADVU ROAD, VITTAL KASABA MANGILAPADAVU POST, VITTAL, D.K-574243. 21. M SANJEEVA S/O SANJEEVA GOWDA, AGED ABOUT 52 YEARS, R/AT 7-61C, VOKKETHUR ROAD, VITTLA KASABA, MANJALADY HOUSE, VITTAL, D.K-574243 22. SHREEDHARA SHETTY S/O HONNAPPA SHETTY, AGED ABOUT 57 YEARS, R/AT 4-84, BODAGADDEHOUSE, - 5 - HC-KAR NC: 2025:KHC:38381 WP No. 28984 of 2023 BANTWAL TALUK, VITTLA, D.K-574243. 23. SHIVA GOWDA S/O SANKAPPA GOWDA, AGED ABOUT 58 YEARS, R/AT 7-84, MANGALORE KOCHODIVITTAL, D.K-574243. 24. KRISHNA PRASAD S/O ANANTHARAMAMARIDITHAYA, AGED ABOUT 56 YEARS, R/AT NO 1-5, VANABHOJANA, VITTALAKASABA, D K 574243 25. JOHN MASCARENHAS S/O LATE EVEREST MASCARENHAS, AGED ABOUT 62 YEARS, R/AT 7-66, VOKKETHURHOUSE, MANGALAPADAVU POST VITTLA, D K 574243 26. BATYA GOWDA S/O LATE GANGAYYA GOWDA, AGED ABOUT 76 YEARS, R/AT 7-79, MANGALAPADAVU ROAD, KOCHODI HOUSE, VEERAKAMBHA VILLAGE, MANGALAPADVU POST, VITTLA, D K 574243 27. SOWMYARAJ V S/O ANANTHA RAMA MARYADITAYA, AGED ABOUT 54 YEARS, R/AT 1-5 MANGALORE ROAD, VANABHOJANA HOUSE, MANGALAPADAVU POST VITTLA, D K 574243 28. SANJEEVA POOJARY S/O LATE VIRAPPA POOJARY, AGED ABOUT 71 YEARS, R/AT 7-91 MACCHAHOUSE, - 6 - HC-KAR NC: 2025:KHC:38381 WP No. 28984 of 2023 MANGALAPADAVU POST VITTLA, D K 574243 29. RAMANNA POOJARY S/O LATE VEERAPPA POOJARY, AGED ABOUT 75 YEARS, R/AT 7-90 MACCHAHOUSE, MANGALAPADAVU POST VITTLA, D K 574243 30. PADMANABHA SHETTIGAR S/O BEERA SHETTY, AGED ABOUT 58 YEARS, R/AT VANABHOJANA VITTLA D K 574243 31. GOPALA GOWDA S/O VEERAPPA GOWDA, AGED ABOUT 66 YEARS, R/AT NO 6-24, MANGALAPADAVU, MANGALAPADAVU POST VITTLA, NEKKILARU VITTLA, D K 574243 32. ANANDA SHETTY S/O DEVU SHETTY, AGED ABOUT 53 YEARS, R/AT 3-110, MANGALAPADAVU, PUCHAGUTTU HOUSE, BANTWAL, D K 574243 33. GANGADHAR S/O LATE SESUGOWDA, AGED ABOUT 58 YARS, R/AT 7-83, MANGALAPADAVU, KUCHODI VITTLA, D K 574243 34. SUNDRA GOWDA S/O LATE SHIVAPPA GOWDA, AGED ABOUT 54 YARS, R/AT 7-75, MANGALAPADAVU, KUCHODIHOUSE VITTLA, D K 574243 35. JANARDHANA S/O RAMAKKA, - 7 - HC-KAR NC: 2025:KHC:38381 WP No. 28984 of 2023 AGED ABOUT 51 YEARS, R/AT 6-21 NEKKILARU, MANGALAPADAVU POST, VITTLA, D K 574243 36. HARISHCHANDRA C/O VASAPPA, AGED ABOUT 53 YEARS, R/AT 6-23 NEKKILARU, MANGALAPADAVU POST VITTLA, D K 574243 37. WALTER LEO MASCARENHAS S/O LATE ALBERT MASCARENHAS, AGED ABOUT 67 YEARS, R/AT 3-73, MANGALAPADAVU, BHOJANTHIMARU VEERAKAMBHA, MANGALAPADAVU POST VITTLA, D K 574243 38. DENIS MASCARENHAS, AGED ABOUT 76 YEARS, R/AT 7-19, OKKETHURUHOUSE, MANGALAPADAVU POST VITTLA, D K 574243. 39. VISHWANATHA S/O SHIVAPPA GOWDA, AGED ABOUT 55 YEARS, R/AT NO 7-77, MANGALAPADAVU ROAD, KOCHODI HOUSE, VITTLA, D K 574243 40. EDWARD REGO S/O SALVADOR REGO AGED ABOUT 71 YEARS R/A 1-252, KALLAKATTA HOUSE, MANGALAPADAVU POST VITTLA, DK-574243 41. FRANCIS MASCARENHAS, S/O LATE ALBERT MASCARENHAS, AGEDA BOUT 68 YEARS, R/A 2-182, KALKATTAHOUSE, MANGALAPADAVU POST, VITTLA, DK - 574 243. - 8 - HC-KAR NC: 2025:KHC:38381 WP No. 28984 of 2023 42. EDWARD MASCARENHAS S/O LATE ALBERT MASCARENHAS AGED ABOUT 75 YEARS R/A 2-178, ASHIRVAD VITTLA, KASABA DK - 574 243. 43. BALACHANDRA N., S/O RUKMA GOWDA AGED ABOUT 35 YEARS, R/A 6-18, NEKKILAR VITTLA, MANGALAPADAVU POST, VITTLA, DK-574 243. 44. DOMBAYYA GOWDA, S/O NANHU GOWDA, AGED ABOUT 57 YEARS, R/A 7-618, OKKETHUR MANJALADY HOUSE, MANGALAPADAVU POST, VITTLA, DK - 574 243. 45. BASKARA GOWDA, S/O BOMANNA GOWDA, AGED ABOUT 55 YEARS, R/A 7-54, OKKETHUR MANJALADY HOUSE, MANGALAPADAVU POST, VITTLA, DK - 574 243. 46. STANY ALEXANDAR MASCARENHAS, S/O LATE MATHYAS MASCARENHAS, AGED ABOUT 61 YEARS, R/A 7-65, MANJALADY HOUSE, MANGALAPADAVU POST, VITTLA, DK - 574 243. 47. LAXMINARAYAN GOWDA, S/O SOMAPPA GOWDA, AGED ABOUT 55 YEARS, R/A 7-60, MANJALADY HOUSE, MANGALAPADAVU POST, VITTLA, DK - 574 243. 48. PADMANABHA GOWDA, S/O LATE NANHA GOWDA, AGED ABOUT 73 YEARS, R/A MANJALADY HOUSE, - 9 - HC-KAR NC: 2025:KHC:38381 WP No. 28984 of 2023 VITTLA, DK - 574 243. 49. CHANDRASHEKARA GOWDA, S/O LATE SHIVAPPA GOWDA, AGED ABOUT 50 YEARS, R/A 7-77, MANGALAPADAVU ROAD, MANGALAPADAVU POST, VITTLA, KOCHODI HOUSE, DK - 574 243. 50. CHOMANNA GOWDA, S/O LATE BOMANNA GOWDA, AGED ABOUT 58 YEARS, R/A 07-63, VOKKETHURU, MANJALADY HOUSE, MANGALAPADAVU POST VITTLA, DK-574243. 51. K UMMAR, S/O AHAMMADKUNHI, AGED ABOUT 69 YEARS, R/A 3-67, MUDIMARU HOUSE, VEERAKAMBHA VILLAGE, MANGALAPADAVU POST, VITTLA, DK - 574 243. 52. RAMA NAYKA, S/O CHOMANAIKA, AGED ABOUT 56 YEARS, R/A 4-19, ALANGARU HOSKERE HOUSE, BANTWAL TALUK, VTC, VITTLAMUDOOR, VITTLA, MUDNUR, DK - 574 243. 53. SHASHIKALA S RAI, D/O SUBHSH RAI, AGED ABOUT 42 YEARS, R/A 3-66/2, MUDIMARU HOUSE, VITTLA, VEERAKAMBA, DK - 574 243. 54. KRISHNAPPA POOJARY S/O LATE VEERAPPA POOJARY AGED ABOUT 65 YEARS R/A 6-160, ANANDTHADI ROAD MACCHA, VITTLA KASABA - 10 - HC-KAR NC: 2025:KHC:38381 WP No. 28984 of 2023 MANGALAPADAVU POST VITTLA, DK-574243. 55. SHIVAPPA GOWDA, S/O KANTAPPA GOWDA, AGED ABOUT 47 YEARS, R/AT 4 30, UKKUDA, ALANGARUVITTLA, KAMBALABETTU POST, VITTAL MUNDUR, D K - 574 243. 56. NONAYYA POOJARY, S/O DEVU POOJARY, AGED ABOUT 50 YEASR, RA/T 6-134, KEDUMOOLE CROSS, KAINTHILLA VITTLA, KASABA, MANGALAPADAVU POST, D K - 574 243. 57. RAJEEVA GOWDA, AGED ABOUT 42 YEARS, R/AT 4-80/A, BOLIGADDE HOUSE, VITTLA MUNDOOR VILLAGE, KAMBALABETTU POST, VITTLA, D K - 574 243. 58. B ANANDA GOWDA, AGED ABOUT 42 YEARS, R/AT 4-80/A, BOLIGADDE HOUSE, VITTAL MUNDOOR VILLAGE, KAMBALABETTU POST, VITTLA, D K - 574 243. 59. SHIVARAMA GOWDA, S/O MUTHAPPA GOWDA, AGED ABOUT 37 YEARS, R/AT 4-82, BOLIGADDE HOUSE, VITTAL MUNDOOR VILLAGE, KAMBALABETTU POST, VITTLA, D K - 574 243. 60. DAMODAR GOWDA N., S/O LATE RAMANA GOWDA, AGED ABOUT 43 YEARS, R/AT 6-27, VITTALA KASABA, - 11 - HC-KAR NC: 2025:KHC:38381 WP No. 28984 of 2023 MANGALAPADAVU POST, VITTLA, D K - 574 243. 61. ANNU GOWDA, S/O LATE NANHU GOWDA, AGED ABOUT 60 YEARS, RA/T 7-61, OKKETHURU, MANJANADY, VITTALKASABA, VITTLA, D K - 574 243. 62. THUKRA GOWDA, S/O LATE SHIVAYYA GOWDA, AGED ABOUT 60 YEARS, R/AT 1-250, DEVASTYA HOUSE, VITTAL KASABA, VITTLA, D K - 574 243. 63. SMT KAMALA, W/O BABU GOWDA, AGED ABOUT 71 YEARS, R/AT 6-16, NEKKILARU HOUSE, MANGALAPADAVAU POST, VITTLA, D K - 574 243. 64. RATHI N., S/O SHIVAPPA POOJARY, AGED ABOUT 72 YEARS, R/AT 6-12, NEKKILARU HOUSE, MANGALAPADAVUU POST, VITTLA, D K - 574 243. 65. NARAYANA GOWDA, S/O LATE PAKEERA GOWDA, AGED ABOUT 82 YEARS, R/AT 7-62, MANJALADI HOUSE, MANJANADY VITTAL KASABA, VITTLA, D K - 574 243. 66. VASAPPA POOJARY, S/O MANKUPOOJARY, AGED ABOUT 67 YEARS, KR/AT 6-26, NEKKILARU VITTLA KASABA MANGILAPADAVU POST, VITTLA, D K 574 243. - 12 - HC-KAR NC: 2025:KHC:38381 WP No. 28984 of 2023 67. THIMMAPPA POOJARY, S/O ANNU POOJARY, AGED ABOUT 47 YEARS, R/AT 4-129 E, PATLAHOUSE, VITTALAMUNDOOR, KAMBALABETTU POST, D K - 574 243. 68. RAMA SHETTIGAR, S/O LATE KORGASHETTIGAR, AGED ABOUT 70 YEARS, R/AT 1-291, JEDARAPETE HOUSE, BANTWAL TALUK, KEPU, NEERAKAAAJE, D K - 574 243. 69. SMT KAMALA, W/O LATE NARAYANA NAIKA, AGED 70 YEARS, R/A 1-307, KAMABALADADDA HOUSE, BANTWAL TALUK, KEPU, NERKAAAJE, D K - 574 243. 70. SRI SHYAMAPRASADA V S., S/O SREENIVASA MRADITHAYA, AGED ABOUT 39 YEARS, R/AT NO.1-6-VANABHOJANA HOUSE, VITTAL, BANTWAL, D.K. - 574 243. 71. SUMALATHA V S., D/O SREENIVASA MRADITHAYA, AGED ABOUT 37 YEARS, R/AT NO. 1-6-VANABHOJANA HOUSE, VITTAL, BANTWAL, D.K. - 574 243. 72. SRI KRISHNAPPA GOWDA, S/O MALINGA GOWDA, AGED ABOUT 66 YEARS, R/AT NO. 6-15-1 NEKKILARU HOUSE, VITTLA KASABA, VITTAL, D.K. - 574243. 73. SRI VASANTHA N BANGERA, S/O LATE SUBBA MADIVALA, - 13 - HC-KAR NC: 2025:KHC:38381 WP No. 28984 of 2023 AGED ABOUT 41 YEARS, R/AT NO. 3-106, VEERAKAMBA, MANGALAPADAVU HOUSE, BANTWAL TALUK, D.K. - 574 243. 74. SRI MOHANA, AGED ABOUT 49 YEARS, R/AT MOODAMBAIL POST, KOLAMBE, PUNACHA, D.K. - 574 260. 75. VARANASI KRISHNAMURTHY, S/O V SUBYA BHAT, AGED ABOUT 66 YEARS, R/AT NO. 4-89, VARANASI FARM, BANTWALA TALUK, D.K.DISTRICT - 574 260. 76. BHASKARA UPADYAYA, S/O M KRISHNA UPADHYAYA, AGED ABOUT 64 YEARS, R/AT NO.5-115, MANIMUNDA HOUSE, KEPU, ADYANADKA, BANTWAL, D.K.DISTRICT - 574 260. 77. THUKARAM RAI, S/O SHUBHAKARA RAI, AGED ABOUT 45 YEARS, R/AT NO. 3-50, BENJANTHIMAR HOUSE, MANGALAPADAV, VITTLA VEERAKAMBA, BANTWAL TALUK - 574 243. 78. V M ABUBAKAR, S/O MOYIDU KUNHI, AGED ABOUT 51 YEARS, R/AT 3-69/1, MUDIMAR HOUSE, BANTWAL, VEERAKAMBA - 574 243. 79. RAVI M., S/O MAHAN RAI, AGED ABOUT 53 YEARS, R/AT NO. 5-154 - 14 - HC-KAR NC: 2025:KHC:38381 WP No. 28984 of 2023 KOLAMBE HOUSE, PUNACHA, MOODAMBAIL, BANTWAL, D.K. - 574 260. 80. ACCHUTHA NEKKILAR, S/O DOOMA GOWDA, AGED MAJOR, R/AT C-9/09, JSW VIDYANAGAR TOWNSHIP, VIDYANAGAR - 583 275. …PETITIONERS (BY SMT. SWETHA NAIK, ADVOCATE FOR SRI DHANANJAY KUMAR, ADVOCATE) AND: 1. UNION OF INDIA, REP BY ITS SECRETARY, MINISTRY OF POWER, GOVERNMENT OF INDIA, SHRAM SHAKTHI BHAVAN, RAFI MARG, NEW DELHI - 110 001. 2. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M S BUILDING, BENGALURU - 560 001. REP BY ITS PRINCIPAL SECRETARY. 3. THE DEPUTY COMMISSIONER, D K DISTRICT, MANGALORE TALUK - 575 001. 4. CENTRAL ELECTRICITY AUTHORITY, SEVA BHAVAN, R K PURAM, SECTOR 1 NEW DELHI - 110 066, REP BY ITS CHAIRMAN. 5. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED (KPTCL), TRANSMISSION CIRCLE, KPTCL MAROLI, PUBLIC SECTOR UNDERTAKING, KULASHEKAR MANGALORE - 575 005, REP BY SUPERINTENDENT ENGINEER. - 15 - HC-KAR NC: 2025:KHC:38381 WP No. 28984 of 2023 6. UDUPI KASARAGOD TRANSMISSION LTD., REGD OFFICE AT F-1, (A PUBLIC LTD., CO. REGISTERED UNDER COMPANIES ACT, 1956) THE MIRA CORPORATE SUITS, 1 AND 2 ISHWAR NAGAR, MATHURA ROAD, NEW DELHI - 110 065. 7. STERLITE POWER TRANSMISSION LTD., F-1, MIRA CORPORATE SUITS, (A PUBLIC LTD., CO. REGISTERED UNDER COMPANIES ACT, 1956) ISHWAR NAGAR, NEW DELHI-110 065 REP BY ITS VICE PRESIDENT MR ANKUR VASHISHTA. …RESPONDENTS (BY ASG FOR R1; SMT. VAHEEDA, AGA FOR R2 & R3; SRI RISHABHARAJ THAKUR, ADVOCATE FOR R6 & R7; SMT. SHUBHA S., ADVOCATE FOR R5; V/O DATED 23.09.2025 NOTICE TO R4 IS D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO TAKE SUITABLE ACTION PURSUANT TO THE REPRESENTATIONS MADE BY THE PETITIONERS DATED 08/09/2023, VIDE ANNEXURE-A TO A3. 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 - 16 - HC-KAR NC: 2025:KHC:38381 WP No. 28984 of 2023 ORAL ORDER Smt.Shwetha Naik, learned counsel appearing for Sri Dhananjay Kumar, advocate for petitioner seeks time. 2. Learned counsel for respondents opposes adjournment on ground that this is third round of litigation and as abuse of process of Court and would not be tenable. 3. In view of above, request for adjournment is rejected and matter is taken up for disposal. 4. This writ petition is filed seeking writ of mandamus directing respondents to consider petitioner's representations at Annexures-A, A1 and A2. 5. Learned counsel for petitioners submitted, petitioners were owners of lands in petition schedule properties over which respondents had proposed to draw 400 KV DC Transmission Lines from Udupi to Kasaragodu. It was submitted, petitioners had earlier submitted representations for re-routing of transmission lines to save their lands from damage. When same were not considered, they had approached this Court in WP no.18770/2021 which was - 17 - HC-KAR NC: 2025:KHC:38381 WP No. 28984 of 2023 disposed of on 07.12.2021 as per order at Annexure-M, directing District Magistrate to consider representations, in accordance with law within one month. It was submitted, in terms of direction, District Magistrate considered petitioners' representations and issued endorsement dated 15.03.2022 as per Annexure-N rejecting same. Aggrieved thereby, petitioners filed WP no.19432/2022 before this Court. However, said writ petition was dismissed as withdrawn as per order at Annexure- R. Thereafter, petitioners submitted representations as per Annexures-A, A1 and A2, requesting respondents to consider alternatives such as laying underground cables and lines. Alleging that same has remained without consideration, present writ petition was filed. Learned counsel sought for allowing petition. 6. Learned ASG for respondent no.1, learned AGA for respondents no.2 and 3, Smt.S.Shubha, learned counsel for respondent no.5 and Sri Rishabhraj Thakur, learned counsel for respondents no.6 and 7 opposed writ petition. 7. Learned counsel for respondents no.6 and 7 submitted, writ petition was not tenable as petitioners had filed - 18 - HC-KAR NC: 2025:KHC:38381 WP No. 28984 of 2023 two writ petitions earlier and having been unsuccessful therein had once again reinvented same cause and filed present writ petition without any justification and same amounted to abuse of process of Court. It was submitted, petitioner's request for re-routing of transmission lines was considered by Deputy Commissioner and rejected by endorsement dated 15.03.2022 as per Annexure-N. Though petitioners challenged it in WP no.19432/2022, same stood dismissed as withdrawn as per order at Annexure-R. Without pursuing remedy against endorsement at Annexure-N, petitioners would not be entitled for any relief in writ petition, merely based on one more set of representations for very same relief. Moreover, petitioners had undertaken to avail remedy under Section 16 (3) of Indian Telegraph Act, 1885 ('Act' for short). On above grounds, sought for dismissal. 8. Heard learned counsel and perused writ petition. 9. From above, petitioners' grievance against respondents is their failure to consider petitioners' representations at Annexures-A, A1 and A2. Bare perusal of representations would indicate that they neither bear - 19 - HC-KAR NC: 2025:KHC:38381 WP No. 28984 of 2023 acknowledgment of service on respondents nor said representations dated. 10. It is settled legal position that in order to seek writ of mandamus, petitioners not only have to establish legal right, but also corresponding duty on respondents apart from demand and deemed or actual refusal of said demand. Due to absence of any acknowledgment of submission of representations, prayer for writ of mandamus would fail. That apart, it is not in dispute that petitioners had earlier submitted representations for re-routing of transmission lines in year 2021. Same were considered, as per directions issued by this Court in WP no.18770/2021 and rejected by District Magistrate as per endorsement at Annexure-N dated 15.03.2022. Though petitioners challenged said endorsement in WP no.19432/2022, they filed memo for withdrawal of writ petition as per Annexure-Q and order passed thereon as per Annexure-R would indicate that writ petition was dismissed as withdrawn with liberty to avail remedy under Section 16 (3) of Act, which would imply that petitioners could only seek for compensation, in case transmission lines were laid over their lands. Such being case, filing one more writ petition for very same cause of action - 20 - HC-KAR NC: 2025:KHC:38381 WP No. 28984 of 2023 would not be tenable. In view of above facts and circumstances, petitioners would be estopped from making such representations. Repeatedly approaching this Court would amount to abuse of process of Court especially, after dismissal of their earlier writ petitions. For aforesaid reasons, writ petition would not be tenable and is dismissed with caution that any further such attempts would invite severe costs. Sd/- (RAVI V HOSMANI) JUDGE AV