- 1 - HC-KAR NC: 2025:KHC-D:13925 WP No. 107473 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107473 OF 2025 (GM-RES) BETWEEN: SHRI. BALANA GOUDA S/O. MUDAKANA GOUDA POLICE PATIL, AGE: 55 YEARS, OCC: BUSINESS, R/O: H NO 123, WARD NO 1, NEAR SHARANA BASAVESHWAR TEMPLE BANDARGAL 584 114, TQ: KUSHTAGI, DIST: KOPPAL. …PETITIONER (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER/ PRESIDENT TASK FORCE (MINES) COMMITTEE, KOPPAL DISTRICT, KOPPAL 583231, TQ/DIST: KOPPAL. 2. POWER GRID CORPORATION OF INDIA LIMITED, SOUTHERN REGION TRANSMISSION SYSTEM II RHCQ, NEAR RTO DRIVERING TEST TRACK, SINGANAYAKANAHALLI VILLAGE, YELAHANKA BENGALURU 560064, TQ YELAHANKA DIST BENGALURU URBAN, REPRESENTED BY SHRI. CHEJARLA VENKATA RAO S/O CHEJARLAKOTESHWAR RAO, AGE: 43 YEARS, OCC: DEPUTY GENRAL MANAGER. 3. POWER GRID CORPORATION OF INDIA LIMITED, OWNER SUBSIDIARY OF POWER GRID CORPORATION OF INDIA LIMITED PLOT NO.111 AND 112, KINNAL ROAD, ABHISHEK BADAVANE, BHAGYA NAGAR, KOPPAL – 583 231, TQ & DIST: KOPPAL, TQ: YELAHANKA, DIST: BENGALURU URBAN, REPRESENTED BY SHRI. CHEJARLA VENKATA RAO, Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13925 WP No. 107473 of 2025 S/O. CHEJARLAKOTESHWRA RAO, AGE: 43 YEARS, OCC: DEPUTY GENERAL MANAGER. …RESPONDENTS (BY SRI. V.S.KALASURMATH, AGA FOR R1; SRI. NEELENDRA GUNDE, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NOT TO CARRYOUT THE WORK OF ERECTION OF ELECTRIC POLES AND LAYING HIGH TENSION POWER SUPPLY LINES OVER THE PETITION PROPERTIES BEARING SY.NO.129/2, 129/8, 129/9, 129/10 AND 129/11 MEASURING 11 ACRES 00 GUNTAS SITUATED AT HOOLGERI VILLAGE OF KUSHTAGI TALUKA, KOPPAL DISTRICT BY CONSIDERING THE REPRESENTATIONS DATED 21.04.2025, 10.07.2025, 19.07.2025, 06.09.2025 AND 16.09.2025 AS PER ANNEXURE-G,H,J,K AND L RESPECTIVELY.OR IN THE ALTERNATIVE DIRECTING THE RESPONDENTS TO QUANTIFY THE COMPENSATION AMOUNT IN RESPECT OF THE WORK OF ERECTION OF ELECTRIC GRID AND LAYING OF HIGH TENSION ELECTRIC POWER SUPPLY LINES UNDERTAKEN BY THE RESPONDENT OVER THE PETITION PROPERTIES BELONGING TO THE PETITIONER. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13925 WP No. 107473 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: I. Issue a Writ or Order or Direction in the nature of writ of Mandamus directing the respondents not to carryout the work of erection of electric poles and laying high tension power supply lines over the petition properties bearing Sy.No.129/2, 129/8, 129/9, 129/10 and 129/11 measuring 11 acres 00 guntas situated at Hoolgeri village of Kushtagi Taluka, Koppal District by considering the representations dated 21.04.2025, 10.07.2025, 19.07.2025, 06.09.2025 and 16.09.2025 as per Annexure- G,H,J,K and L respectively. OR IN THE ALTERNATIVE Directing the respondents to quantify the compensation amount in respect of the work of erection of electric grid and laying of high tension electric power supply lines undertaken by the respondent over the petition properties belonging to the petitioner. II. Grant such other reliefs as deemed fit by this Hon’ble court in the circumstances of the case, in the interest of justice and equity. 2. Heard learned counsel Sri.Shriharsh A. Neelopant appearing for petitioner, learned AGA-Sri.V.S.Kalasurmath appearing for respondent No.1 and learned counsel Sri.Neelendra D. Gunde appearing for caveator respondent Nos.2 and 3. - 4 - HC-KAR NC: 2025:KHC-D:13925 WP No. 107473 of 2025 3. The petitioner claims to be the absolute owner in possession of the properties as appended to the schedule. 4. The learned counsel for the petitioner submits that the land of the petitioner is non-agricultural land converted way back in the year 2012. The petitioner applies and is granted quarrying lease permitting the petitioner to commence quarrying business for a period of 50 years and 30 years respectively on 02.07.2016 and 01.10.2020. 5. The issue in the lis is not with regard to the quarrying lease of the petitioner. The issue is with regard to drawing up of the power grid in the land of the petitioner in terms of the Electricity Act, 2003. 6. The Deputy Commissioner who is authorized to hear the objections of the aggrieved, whose lands are being utilized for the purpose of drawing of power lines or establishment of power grid as the case would be, has drawn up proceedings and determined certain compensation. - 5 - HC-KAR NC: 2025:KHC-D:13925 WP No. 107473 of 2025 7. The order of the Deputy Commissioner reads as follows: 1) «zÀÄåvï ¥Àæ¸ÀgÀt ªÀiÁUÀðzÀ PÀȶ d«ÄãÀÄUÀ¼À°è ¸Áܦ¸ÀÄ ««zsÀ ªÀiÁzÀjAiÀÄ UÉÆÃ¥ÀÄgÀ Cr¥ÁAiÀÄUÀ½UÉ (Dismissing of land value) ¥Àæw ZÀzÀgÀ «ÄÃlgÀUÉ gÀÆ.2,600-00 (JgÀqÀÄ ¸Á«gÀzÀ DgÀÄ£ÀÆgÀÄ gÀÆ¥Á¬ÄUÀ¼ÀÄ ªÀiÁvÀæ) zÀAvÉ ¥ÀjºÁgÀ zsÀ£À ¤UÀ¢¥Àr¸À¯ÁVzÉ. 2) «zÀÄåvï ¥Àæ¸ÀgÀt ªÀiÁUÀðªÀÅ ºÁzÀÄ ºÉÆÃUÀĪÀ ªÉÆUÀ¸Á¯ÉUÉ ¥Àæw ZÀzÀgÀ «ÄÃlgÉÎ gÀÆ.40.00 (£À®ªÀvÀÄÛ gÀÆ¥Á¬ÄUÀ¼ÀÄ ªÀiÁvÀæ) zÀAvÉ ¸ÀA§A¢ü¹zÀ ¨sÀƪÀiÁ°ÃPÀvÀ «¹ÛÃtðPÉÌ C£ÀÄUÀÄtªÁV ¥ÀjºÁgÀ zsÀ£ÀªÀ£ÀÄß ¥ÁªÀw¸À®Ä DzÉò¸À¯ÁVzÉ. 8. The order indicates that the land of the petitioner qua is agricultural and the compensation is determined taking note of the fact that the land is an agricultural land. 9. The learned counsel appearing for the respondent-State and learned counsel Sri.Neelendra D. Gunde, would dispute the position on the ground that if it were to be an agricultural land, the compensation would be assessed on acreage and the compensation now is assessed by square metres. Though the submission would merit acceptance, the order of the Deputy Commissioner is on the premise that it is an agricultural land. Therefore, the Deputy Commissioner will have to now redo the exercise of determining the compensation, noticing the nature of the - 6 - HC-KAR NC: 2025:KHC-D:13925 WP No. 107473 of 2025 land of the petitioner, which according to the petitioners was converted way back in the year 2012, on the sole score that the order suffers from non- application of mind as to whether the land of the petitioner is agricultural or otherwise. Therefore the matter is to be remitted back to the hands of the Deputy Commissioner to redo the exercise of determination of compensation of the lands of the petitioner on appropriate consideration as to whether it is an agricultural land or non-agricultural land/converted land and determine compensation accordingly. 10. For the aforesaid reason, the following: ORDER (a) The Petition stands allowed. (b) Mandamus is issued to the Deputy Commissioner to consider the representation of the petitioner and draw up the appropriate compensation with regard to the nature of the land of the petitioner within an outer limit of eight - 7 - HC-KAR NC: 2025:KHC-D:13925 WP No. 107473 of 2025 weeks from the date of receipt of the copy of the order. (c) The petitioner shall appear before the Deputy Commissioner on 30.10.2025 at 02.30 p.m. The Deputy Commissioner shall hear the petitioner and pass necessary orders in accordance with law bearing in mind the observations made in the course of the order within 8 weeks thereafter. Sd/- (M.NAGAPRASANNA) JUDGE RHR/CT-ASC List No.: 1 Sl No.: 89