- 1 - HC-KAR NC: 2025:KHC-D:8696 WP No. 101421 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE R.NATARAJ WRIT PETITION NO. 101421 OF 2025 (GM-RES) BETWEEN: SHRI. BABU J. JADHAV AGE: 56 YEARS, OCC: KUD EMPLOYEE, # PLOT NO. LIG-300, KHB COLONY, HIREMALLIGAWAD, POST: CHIKKAMALLIGAWAD, DIST: DHARWAD-586007. …PETITIONER (BY SRI. M.B.RADDI, ADVOCATE) AND: 1. THE COMMISIONER KARNATAKA HOUSING BOARD, CAUVERY BHAVAN, BANGALORE-560009. 2. THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA HOUSING BOARD, SUB DIVISION, HUBBALLI-580020. 3. THE ASSISTANT EXECUTIVE ENGINEER HESCOM UNIT, DHARWAD-580005. 4. THE DIRECTOR KHB CO-ORDINATE UNIT, HUBBALLI-580020. …RESPONDENTS (BY SRI. H.R.GUNDAPPA, ADVOCATE FOR R1, R2 AND R4; SRI. A.S.R.NAMAZI, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH ANNEXURE-G BEARING NO. ¸ÀASÉå/PÀUÀȪÀÄA/¸ÀPÁC/f.AiÉÆÃ.PÀ/ºÀħâ½î/»gÉêÀÄ°èUÀªÁqÀ/zsÁgÀªÁqÀ/565/2024-25 DATED 05/12/2024 ISSUED BY RESPONDENT NO.2, DATED 05-12- Digitally signed by VINAYAKA B V Location: HIGH COURT OF KARNATKA DHARWAD BENCH Date: 2025.07.19 10:11:57 +0530 - 2 - HC-KAR NC: 2025:KHC-D:8696 WP No. 101421 of 2025 2024 AND SUBSEQUENTLY DIRECT THE RESPONDENT NOS. 2 AND 3 JOINTLY TO TAKE ACTION AND CONSIDER THE REPRESENTATION DATED 28-11-2024 VIDE AT ANNEXURE-F AND ANNEXURE-F1; ISSUE ANY JUDICIAL ORDER OR DIRECTION TO THE RESPONDENT NOS.2 AND 3 TO TAKE ACTION TO SHIFT THE TRANSFORMER TO A SUITABLE PLACE INSTEAD OF PRESENT PLACE AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.NATARAJ ORAL ORDER The petitioner has sought a writ in the nature of certiorari to quash a letter bearing No. ¸ÀASÉå/PÀUÀȪÀÄA/¸ÀPÁC/f.AiÉÆÃ.PÀ/ºÀħâ½î/»gÉêÀÄ°èUÀªÁqÀ/zsÁgÀªÁqÀ/565/2024-25 dated 05.12.2024 issued by the respondent No.2 and direct respondents No.2 and 3 to take action by considering his representation dated 28.11.2024. He has also sought for a direction for respondents No.2 and 3 to shift the transformer to a suitable place instead of the present location. 2. The petitioner contends that he had purchased the site bearing No.LIG 300 situated at KHB Colony, Hiremalligawad, Dharwad from the respondent No.1 in terms of a sale dated 11.04.2017. He submitted a representation to the respondent No.2 to furnish a site map. He also sought - 3 - HC-KAR NC: 2025:KHC-D:8696 WP No. 101421 of 2025 permission from the respondent No.1 to construct a residential building which was accordingly granted on 04.01.2024. The petitioner submitted a representation dated 18.03.2024 to the respondent No.3 to shift the transformer in front of his site to a suitable place. Since this was not considered, the petitioner again submitted another representation to respondents No.2 and 3 on 28.11.2024 requesting them to shift the transformer to a suitable place as it was causing hindrance to him during the construction of the building. The respondent No.2 replied to the petitioner’s representation dated 28.11.2024 on 05.12.2024 stating therein that the electricity maintenance of the KHB layout was handed over to respondent No.3 and therefore it was not in a position to take action in that regard. The petitioner submitted the representation again to respondents No.2 and 3 for shifting the transformer to a suitable place as the transformer at the present location endangered his life and the life of his family members. He contends that the transformer is placed right in front of the property causing hindrance to the entrance and exit to the plot and is - 4 - HC-KAR NC: 2025:KHC-D:8696 WP No. 101421 of 2025 hindering the ongoing construction. The petitioner therefore is before this Court seeking for appropriate directions to the respondents to consider his representations and shift the transformer from the present location. 3. The allotment of the plot in question to the petitioner by the respondent No.1 is not in dispute. It is also not in dispute that the petitioner has been granted permission by the respondent No.1 to construct a residential building over the plot so allotted. A photograph of the plot which is placed on record shows that a transformer is installed in front of a small wicket gate installed by the petitioner. Therefore, the claim of the petitioner that the transformer obstructs his entering into the property does not seem to be real. Be that as it may, the photograph shows that the transformer is installed right in front of a wicket gate, which leads to a stairway to the terrace and to the hind portion of the property. Since the respondent No.3 is the Competent Authority who has to consider the request of the petitioner, he shall inspect the property of the petitioner and also workout the feasibility of shifting the transformer at the - 5 - HC-KAR NC: 2025:KHC-D:8696 WP No. 101421 of 2025 cost of the petitioner to a suitable place where it does not cause any obstruction or hindrance to any other residents. This shall be done within a period of three months from the date of receipt of a certified copy of this order. 4. The writ petition stands disposed off on the above terms. Sd/- (R.NATARAJ) JUDGE RH Ct:vh List No.: 38 Sl No.: 8