- 1 - HC-KAR NC: 2025:KHC:30784 WP No. 27326 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 27326 OF 2024 (GM-KEB) BETWEEN: 1. THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY POWER GRID CORPORATION OF INDIA LIMITED, REG. UNDER COMPANIES ACT, 1952, NO.5, TIRUMALA NILAYA, NEAR SWAMI VIVEKANANDA COLLEGE, VIJAYANAGARA LAYOUT, PAVAGADA 561 202. TUMKUR DISTRICT, REP BY ITS GENERAL MANAGER, MS JAYASHREE T.J., 2. THE DEPUTY GENERAL MANAGER, STA TO ED M/s. POWER GRID CORPORATION OF INDIA LIMITED, YELAHANKA CONSTRUCTION AREA, NEAR RTO DRIVING TEST TRACK SINGANAYAKANAHALLI, BANGALORE - 560 064. REP BY ITS GENERAL MANAGER, MS JAYASHREE T.J. …PETITIONERS (BY SRI M.C. THIMMAIAH, ADVOCATE FOR SRI JOSHUA HUDSON SAMUEL, ADVOCATE) AND: 1. RANGAMMA, W/O LATE SIDDAPPA, AGED ABOUT 72 YEARS, AT CHIKKAHANUMENAHALLI VILLAGE, THONDEBHAVI HOBLI, Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30784 WP No. 27326 of 2024 GOWRIBIDANUR TALUK-560 208, CHIKKABALLAPURA DISTRICT. 2. THE ARBITRATOR, LAND ACQUISITION AND DEPUTY COMMISSIONER, CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA 562 101. …RESPONDENTS (BY SRI CHETHAN B.C., ADVOCATE FOR R1; SMT. VAHEEDA, AGA FOR R2 V/O DATED 04.10.2024) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT QUASHING THE ORDER DATED 08.04.2024 PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA, IN CIVIL MISC.NO.24/2022, PRODUCED AT ANNEXURE-J AND CONSEQUENTLY DISMISS CIVIL MISC NO.24/2022. THIS WRIT PETITION IS 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 This writ petition is filed for following reliefs: "Issue a writ order or direction in the nature of a Certorarified Mandamus, quashing the order dated 08.04.2024 passed by the III Additional District and Sessions Judge, Chikkaballapura, in Civil Misc. No.24/2022, produced at Annexure-J and consequently dismiss Civil Misc. No.24/2022 and etc.," - 3 - HC-KAR NC: 2025:KHC:30784 WP No. 27326 of 2024 2. Learned counsel for petitioners as well as learned counsel for respondents submit that authority competent to determine compensation under Section 16 (3) of Indian Telegraph Act, 1885 ('Act' for short) would be District Judge. Therefore, impugned order remanding petition filed under Section 16 (3) by District Judge to District Magistrate as done in impugned order would be unsustainable. 3. Heard learned counsel and perused writ petition records. 4. From above, utilization of land of respondent no.1 by petitioners for drawing of transmission lines and respondent no.1 filing petition for determination of compensation before III Additional District and Sessions Judge, Chikkaballapura, in Misc.Case no.24/2022 under Section 16 (3) and (4) of Act is not in dispute. 5. As submitted above as well as position in law is that District Magistrate would not be competent to determine compensation for damages sustained by land owner and proper authority prescribed under Section 16 (3) of Act would be - 4 - HC-KAR NC: 2025:KHC:30784 WP No. 27326 of 2024 jurisdictional District Judge. In view of above, impugned order passed by learned District Judge remanding matter back to District Magistrate would be unsustainable. Consequently, following: ORDER (i) Writ petition is allowed. (ii) Impugned order dated 08.04.2024 passed in Misc.Case no.24/2022 is quashed and same is restored to file of III Additional District and Sessions Judge, Chikkaballapura, for determination whether respondent no.1 herein is entitled for compensation under Section 16(3) of Indian Telegraph Act, 1885. (iii) Since both parties are represented, they are directed to appear before learned III Additional District and Sessions Judge, Chikkaballapura, on 01.09.2025 without awaiting notice. - 5 - HC-KAR NC: 2025:KHC:30784 WP No. 27326 of 2024 (iv) Learned District Judge to continue proceedings from stage of framing proper issues, provide opportunity to lead evidence to parties and thereafter dispose of petition, in accordance with law. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 57