- 1 - HC-KAR NC: 2025:KHC:48697 WP No. 32100 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 32100 OF 2025 (GM-KEB) BETWEEN: SOMEGOWDA A B, SON OF BIKLLEGOWDA B M, AGED ABOUT 65 YEARS RESIDING AT NO. 373, JANATHA COLONY, MALLATHAHALLI KENGUNTE, BENGALURRU-560 056. …PETITIONER (BY SRI. MAHESHCHANDRA B N.,ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS UNDER SECRETARY DEPARTMENR OF POWER, SHAKTHI BHAVAN, BENGALURRU-560 001. 2. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR 1ST FLOOR, KAVERI BHAVAN, KEMPEGOWDA RD, NEHRU NAGAR, GANDHI NAGAR BENGALURRU-560 009. 3. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENR MALANDUR Digitally signed by C K LATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48697 WP No. 32100 of 2025 DIVISION, PRASARNA BHAVAN, 2ND FLOOR, B M ROAD, HASSAN 573 201. 4. THE DEPUTY COMMISSIONER, O/A DISTRICT FDIELD ROAD, VIJAYANAGAR, CHIKKAMAGALURU-577 101. …RESPONDENTS (BY SRI. RAJ KUMAR M., AGA FOR R1, R3 AND R4; SRI. H.V.DEVARAJU.,ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT QUASHING THE NOTIFICATION DATED 01.03.2024 BEARING NO.IN KA.NI.TO.L V)/BRU.KA.VI./BELLARI/2023-24/3136 CONSIDERATION OF OBJECTIONS FILED BY THE PETITIONER DATED 26.12.2024. (ANNEXURE- C AND D) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Learned Addl. Government Advocate accepts notice for respondent Nos.1, 3 and 4. 2. Sri. H.V.Devaraju, learned counsel is directed to take notice for respondent No.2. - 3 - HC-KAR NC: 2025:KHC:48697 WP No. 32100 of 2025 3. Heard learned counsel for the petitioner, learned Addl. Government Advocate for respondent Nos.1, 3 and 4 and Sri. H.V.Devaraju, learned counsel for respondent No.4. 4. The petitioner has called in question the notification dated 04.03.2024 (Annexure-C) issued by respondent No.2, insofar it relates to the petitioner. 5. Learned counsel for the petitioner submits that the similarly placed matter in the case of THALLIHALLA KRISHNE GOWDA PRADEEP KUMAR Vs. STATE OF KARNATAKA AND OTHERS1 (THALLIHALLA KRISHNE GOWDA PRADEEP KUMAR), wherein this Court permitted the petitioners therein to pursue the proceedings before the Deputy Commissioner by filing additional objections, with a direction to the Commissioner to consider the same and pass appropriate orders in accordance with law. It is 1 WP.No.7733/2025 (GM-KEB) and connected matters, D.D.03.04.2025 - 4 - HC-KAR NC: 2025:KHC:48697 WP No. 32100 of 2025 submitted that the petitioner herein is similarly placed and is entitled to the same relief. 6. The respondents have undertaken laying of underground cables of 66/11 KW from Aldur to Malandur subdivision, covering approximately 21.68 kilometers, crossing several villages including the petitioner's land. Objections were invited pursuant to publication of the notification dated 04.03.2024 in the official Gazette. 7. The grievance of the petitioner is that, though objections were submitted by the villagers, respondent No.3 has not considered the same and respondent No.4 is proceeding to determine compensation even when the very issue of acquisition and alignment is still pending consideration. 8. In identical matter, this Court in paragraph Nos.5, 6 and 7 of the THALLIHALLA KRISHNE GOWDA PRADEEP KUMAR's case (supra) has held as under: - 5 - HC-KAR NC: 2025:KHC:48697 WP No. 32100 of 2025 "5. In that light, I deem it appropriate to permit these petitioners to pursue the proceedings before the Deputy Commissioner by filing additional statement of objections, if necessary. It is needless to observe that the Deputy Commissioner would consider all the objections/additional objections that are to be filed before him and pass necessary orders, in accordance with law. 6. The learned Senior counsel submits that the impact on the environment due to drawing up of these lines also should be assessed by the Deputy Commissioner. It is against needless to observe that the Deputy Commissioner would after interaction or securing a report from the hands of the Forest Department would pass necessary orders, in accordance with law. 7. With the aforesaid observations, the petitions stand disposed. Till the Deputy Commissioner would decide the proceedings pending before him, no coercive steps will be taken against these petitioners qua their property." 9. The petitioners being similarly placed, this Court finds no reason to take a different view. Accordingly, the - 6 - HC-KAR NC: 2025:KHC:48697 WP No. 32100 of 2025 same directions deserves to be issued in the present writ petition as well and this Court pass the following: ORDER i) The writ petition is disposed of. ii) The petitioner is at liberty to file additional statement of objections, if necessary, within a period of three(3) weeks from the date of receipt of a certified copy of this order. iii) The Deputy Commissioner shall consider all objections/additional objections submitted by petitioner and pass appropriate orders in accordance with law. iv) The Deputy Commissioner shall, after interaction with or securing a report from the Forest Department, if required, pass necessary orders in accordance with law. - 7 - HC-KAR NC: 2025:KHC:48697 WP No. 32100 of 2025 v) Until the Deputy Commissioner decides the pending proceedings, no coercive steps shall be taken against the petitioner, in respect of the schedule property. Sd/- ____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 11