SRI. NAGABUSHANA REDDY S/O LATE S VEERAREDDY v. THE KARNATAKA POWER TRANSMISSION CORPORATION LTD.,
WP/100444/2024 · 2025-03-10
Jyoti Mulimani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44969 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44969 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:4477 WP No. 100444 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 100444 OF 2024 (GM-RES) BETWEEN:
SRI. NAGABUSHANA REDDY S/O LATE S.VEERAREDDY, AGE: 48 YEARS, OCC: PRIVATE JOB, R/O: WARD NO.2, KOLAGALLU VILLAGE, BALLARI, TQ: AND DIST: BALLARI-583 102.
… PETITIONER (BY SMT. A.D.MACHAK., ADVOCATE FOR SRI. S.N.BANAKAR., ADVOCATE)
AND:
1.
THE KARNATAKA POWER TRANSMISSION CORPORATION LTD., R/BY ITS EXECUTIVE ENGINEER (ELE), MAJOR WORKS DIVISION, BALLARI, TQ: AND DIST: BALLARI-583 101.
2.
THE DISTRICT MAGISTRATE, BALLARI, TQ: AND DIST: BALLARI-583 103.
… RESPONDENTS (BY SRI. SHIVARAJ.P.MUDHOL., ADVOCATE FOR R1;
SRI. PRAVEEN.K.UPPAR., AGA FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC-D:4477 WP No. 100444 of 2024
ORAL ORDER
Sri.A.D.Machak., counsel on behalf of Sri.S.N.Banakar., for the petitioner, Sri.Shivaraj.P.Mudhol., counsel for respondent No.1 and Sri.Praveen K.Uppar., counsel for respondent No.2 have appeared in person.
2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the impugned order passed respondent No.2 bearing case No.REV/MAG/TA/01/2022-23 dated 09.08.2023 vide Annexure-D and consequently the petition filed by respondent No.2 under Section 16(1) of Indian Telegraphs Act, 1885 dated 29.05.2023 vide Annexure-C may kindly be quashed.
3. Counsel for the respective parties urged several
contentions. Heard the arguments and perused the Writ papers with utmost care.
4. Suffice it to note that the KPTCL has undertaken to task of proposed construction/ establishing the respected lines: 1) 220 KV DC Line from BTPS (Kudatini) to 220 KV Somasamudra Substation.
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NC: 2025:KHC-D:4477 WP No. 100444 of 2024
2) 220 KV DC Line on MC Towers from Allipura- Ragalapadu to 220 KV Somasamudra. 3) 110 KV S/C Line on D/C Towers from 220 KV Somasamudra Substation to 110 KV Moka Substation. 4) 110 KV DC Line on DC towers from Ballari North to 220 KV Somasamudra Substation. 5) Conversion of existing SC Line to DC Line in existing corridor from Moka Tapping to P.D. Halli Substation in Ballari District.
There was obstruction. Hence, the KPTCL was constrained to file Section 16 petition before the District Magistrate, Ballari District in No.REV/MAG/TA/01/2022-23. The District Magistrate vide
order dated:09.08.2023 ordered removal of the obstruction. It is significant to note that after the order, the KPTCL filed Misc. Petition No.104/2024 on the file of Prl. District and Sessions Court, Ballari and requested the Court to accept the compensation of amount of Rs.2,39,410/-. The compensation amount has been deposited by the KPTCL. If at all the petitioner is aggrieved by the quantum of the compensation, the proper remedy would be to approach the District Court. However, the petitioner has questioned the order
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NC: 2025:KHC-D:4477 WP No. 100444 of 2024
of the District Magistrate. In my view, the order of the District Magistrate cannot be questioned in the Writ Petition. Hence, I decline to exercise power under Writ jurisdiction. Accordingly, the Writ Petition is dismissed. If the petitioner is not satisfied with the quantum of compensation, he may approach the appropriate forum for address of his grievance in accordance with the law, if so advised.
Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 72