Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:54530 WP No. 38245 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.38245 OF 2025 (GM-KEB) BETWEEN:
SMT JAYAMMA W/O DANAPPA S, AGED ABOUT 78 YEARS, R/AT MEDEHALLI ROAD, VIJAYANAGARA, CHITRADURGA - 577 501 &PETITIONER (BY SRI SRINIVAS V., ADVOCATE) AND:
1.
STATE OF KARNATAKA REP BY THE PRINCIPAL SECRETARY, DEPARTMENT OF ENERGY, ROOM NO.236, 2ND FLOOR, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001.
2.
THE MANAGING DIRECTOR KARNATAKA POWER TRANSMISSION CORPORATION LTD., HAVING OFFICE AT: KAVERI BHAVAN, K G ROAD, BENGALURU-560 009.
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:54530 WP No. 38245 of 2025
3.
THE ASSISTANT EXECUTIVE ENGINEER PROJECTS SUB-DIVISION -1, KPTCL, JCR CIRCLE, 3RD CROSS (EAST), CHITRADURGA - 577 501. &RESPONDENTS (BY SRI RAJKUMAR M., AGA FOR R1 SRI H.V. DEVARAJU, ADVOCATE FOR R2 AND R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 09/12/2025 ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURE B TO THE WRIT PETITION 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 The petitioner has called in question the notice dated 09.12.2025, issued by respondent No.3 and seeking a writ of mandamus directing the respondents to make a fresh alignment of the 220 KV power transmission line on the cart road abutting the petitioner's land, instead of drawing the line through the middle of the petitioner's property.
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HC-KAR NC: 2025:KHC:54530 WP No. 38245 of 2025
Brief facts:
2. The petitioner claims to be the absolute owner in possession and enjoyment of the land bearing Sy.No.27/3, measuring 1 acre 30 guntas, situated at Basavanashivanakere Village, Bharamasagara Hobli, Chitradurga Taluk. It is the grievance of the petitioner that respondent No.3 has issued the impugned notice dated 09.12.2025 proposing to draw a high tension power transmission line through the middle of her land and calling upon her to furnish e-stamp paper for a pre- determined compensation amount, without disclosing the route map, tower locations, corridor details, extent of the land affected or the basis of valuation. The case of the petitioner is that the proposed alignment would render her single, compact holding practically unusable, and that an alternative alignment on the existing cart road abutting her land is feasible and ought to have been considered.
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HC-KAR NC: 2025:KHC:54530 WP No. 38245 of 2025
3. Heard learned counsel for the petitioner and the
learned counsel for the respondents. Perused the material on record.
4.
Learned counsel for the petitioner submits that the impugned notice is arbitrary and violative of Articles 14 and 300A of the Constitution of India, as no meaningful opportunity has been afforded to the petitioner to object to the alignment or to the adequacy of compensation.
5. Per contra, learned counsel for the respondents submits that the impugned communication is only a preliminary notice and the petitioner has not yet filed any objections thereto.
6. Undisputedly, the notice dated 09.12.2025 has been issued by respondent No.3. It is also not in dispute that the petitioner has not filed objections to the said notice as on the date of hearing. In the circumstances, this Court is of the considered view that the impugned notice can be treated as a show-cause notice, and the petitioner
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HC-KAR NC: 2025:KHC:54530 WP No. 38245 of 2025
ought to be afforded an opportunity to submit her objections, including objections with regard to alignment and compensation which are required to be considered by the competent authority in accordance with law.
7. Accordingly, this Court pass the following:
ORDER i. The impugned notice dated 09.12.2025 issued by respondent No.3 shall be treated as a show cause notice. ii. The petitioner is at liberty to file objections to the said notice within a period of two weeks from the date of receipt of a copy of this order. iii. On such objections being filed, the respondents shall consider the same and pass appropriate orders in accordance with law, after affording reasonable and sufficient opportunity of hearing to the petitioner. iv. Till such consideration and decision, no coercive steps shall be taken by the respondents in respect of the schedule property belonging to the petitioner.
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HC-KAR NC: 2025:KHC:54530 WP No. 38245 of 2025
v. With the above observations and direction, the writ petition stands disposed of.
Sd/- _____________________ JUSTICE K.S. HEMALEKHA
VS List No.: 1 Sl No.: 3