- 1 - HC-KAR NC: 2025:KHC:35504 WP No. 25694 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 25694 OF 2024 (GM-KEB) BETWEEN: SRI.B. PRAKASH S/O BALARAM AGED ABOUT 47 YEARS R/A NO.51, "NANDINI NILAYA", 4TH CROSS, 2ND MAIN ROAD, DEEPANJILI NAGARA, BENGALURU CITY - 560 026. &PETITIONER (BY SMT. S.K. PRATHIMA, ADVOCATE FOR SRI ABHILASH G., ADVOCATE) AND: 1. KARNATAKA POWER TRANSMISSION, CORPORATION LIMITED (KPTCL), BANGALORE MAJOR WORKS DIVISION, ANAND RAO CIRCLE, BENGALURU - 560 009, REP BY ITS EXECUTIVE ENGINEER (ELE). 2. THE SECRETARY, GOVERNMENT OF KARNATAKA, ENERGY DEPARTMENT, VIKASA SOUDHA, BANGALORE - 560 001. &RESPONDENTS (BY SRI H V DEVARAJU, ADVOCATE FOR R1; SMT. VAHEEDA, AGA FOR R2) Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35504 WP No. 25694 of 2024 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER OF THE MAGISTRATE IN NO. RAAG.KAA/LAQ/CR(E)/85/22-23 PASSED BY THE HONBLE DISTRICT MAGISTRATE, RAMANAGARA DATED 09.11.2023 AT ANNEXURE-N, DIRECTING THE RESPONDENT NOT TO PUT UP HIGH-TENSION LINES IN PROPERTY BEARING SURVEY NOS.51 VAJARAHALLI VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK, BANGALORE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging proceedings initiated by District Magistrate, under Sect in 16(1) of Telegraphs Act, as per Annexure - N dated 09.11.2023, this writ petition is filed. 2. Smt.SK Pratima, learned counsel appearing for Sri Abhilash G., learned counsel for petitioner submitted, petitioner was owner of 1 Acre of land in Sy.no.51, situated at Vajrahalli village, Bidadi Hobli, Ramangara Taluk, Ramangara District, having purchased same under sale deed dated 22.08.2012 at Annexure-A. It was submitted, subsequently - 3 - HC-KAR NC: 2025:KHC:35504 WP No. 25694 of 2024 petitioner's name has been entered in Record of Rights as per Annexures - A1 and A2. It was submitted, petitioner had got portion of land converted for non-agricultural purposes as per Annexure-E. Even remaining portion also, petitioner intended to get converted. During 2022, on ground that respondents intended to draw 400 KV D/C Overhead Transmission Lines from Madhugiri - Bidadi and same would pass over petitioner's land, respondents approached petitioner. They had also chopped trees and damaged standing crop by paying Rs.28,000/- as compensation. 3. It was submitted, when petitioner opposed, respondent had approached District Magistrate under Section 16(1) of Indian Telegraph Act, 1885. In pursuance of same, petitioner was issued with notice as per Annexure-N. It was submitted, respondents claim to have proceeded with drawing of transmission line in pursuance of notification at Annexure-L to L4. Said notification did not include name of petitioner's village i.e., Vajarahalli. Therefore, learned District Magistrate was not justified in initiating proceedings. On said ground sought for allowing writ petition. - 4 - HC-KAR NC: 2025:KHC:35504 WP No. 25694 of 2024 4. Smt.Vaheeda, learned Additional Government Advocate for respondent no.2, and Sri HV Devaraju, learned counsel for respondent no.1 opposed writ petition. 5. Referring to statement of objections filed, learned counsel for respondent no.1 submitted, though notification at Annexure-L series did not include name of Vajarahalli village, but by issuing supplementary notification dated 18.07.2024 which was also published in news paper as per Annexures- R2 to R.4, Vajarahalli was also notified for laying overhead transmission lines. Therefore proceedings initiated by District Magistrate would be justified. 6. Heard learned counsel and perused material on record. 7. From above, petitioner's grievance against proceedings initiated by District Magistrate at Annexure-N is that same was without notifying petitioner's land or even village, where petitioner's land was situated authorizing respondents to draw overhead transmission line. Bare perusal of notification Annexures-L2 to L4 would indicate that name of - 5 - HC-KAR NC: 2025:KHC:35504 WP No. 25694 of 2024 Vajrahalli village has not been included. Though learned counsel for respondents seeks to rely upon Annexures- R2 to R.4 to contend that Vajarahalli has been notified later by order dated 18.07.2024 passed under Section 16 of IT Act, initiation of proceedings by District Magistrate as per Annexure-N is in pursuance of petition filed on 22.09.2023 which is prior to notification issued at Annexure-R2, consequently, same would be illegal and liable to be quashed. 8. Without anymore, writ petition is allowed. Order at Annexure-N dated 09.11.2023 is quashed. However, respondents would be at liberty to approach District Magistrate once again, in case of obstruction in accordance with law. Sd/- (RAVI V HOSMANI) JUDGE Psg* List No.: 1 Sl No.: 40