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2025 DAILYLAW 81825 (KAR)

RAMESH KUMAR Y v. THE DEPUTY COMMISSIONER,

WP/12517/2025 · 2025-07-10

S Sunil Dutt Yadav

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:26465 WP No. 12517 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 12517 OF 2025 (GM-RES) BETWEEN: 1. RAMESH KUMAR Y S/O LATE YELAPPA, AGED ABOUT 41 YEARS NO. 2520 MEGA NILAYA, 1ST FLOOR VEEREASANDRA, GOLLAHALLI MAIN ROAD, ELECTRONIC CITY POST, VTC ELECTRONICS CITY, PO ELECTRONICS CITY, DISTRICT BENGALURU, PIN CODE 560100. 2. RENUKAMMA W/O VEERESH B. R. AGED ABOUT 47 YEAR VTC B BASAVANAHAL PO SINGATAGERE, SUB DISTRICT KADUR, DISTRICT CHICKAMANGALURU, PIN CODE 577138 MOBLILE 7259709101. 3. KENCHAMMA W/O ERAPPA E, AGED ABOUT 52 YEARS NANDI HOSAHALLI, VTC NANDI, PO NANDI, SUB DIVISION TARIKERE, DISTRICT CHICKMAGALUR, PIN CODE 577228 MOBILE 9481611989. Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26465 WP No. 12517 of 2025 4. MALLAPPA S/O LATE NANJAPPA AGED ABOUT 79 YEARS NANDI HOSAHALLI NANDI, CHIKAMANGALURU -577228 MOBILE 7892785541. 5. MURTHY S S/O SIDDAPPA H, AGED ABOUT 50 YEARS NO. 23, NANDI, NANDI, CHICKMAGALUR-577228. 6. YOGEESH S/O CHANDRAPPA , AGED ABOUT 52 YEARS NANDI, NANDI, TARIKERE, CHICKMAGALUR-577228 MOBILE 9481155610. 7. KALAVATHI W/O CHANDRASHEKHAR, AGED ABOUT 58 YEARS BOVI COLONY, 2ND CROSS, KODI CAMP, VTC TARIKERE, CHIKCAMAGALUR DISTICT, PIN CODE 577228 MOBILE 8152994323. 8. RATHNAMMA C/O RAJAPPA, AGED ABOUT 47 YEARS NANDHI HOSAHALLI, DORANALU, CHIKKAMAGALURU -577228 MOBILE 8453662251. 9. NAGARATHNAMMA W/O T VENKATESH AGED ABOUT 56 YEARS NANDI HOSAHALLI, NANDI - 3 - HC-KAR NC: 2025:KHC:26465 WP No. 12517 of 2025 CHICKMAGALUR 577 228 MOBILE 9611435584. 10. RAJANIKANTH S/O RAMAPA, AGED ABOUT 45 YEARS NANDHI HOSSALLI, LINGADHA HOBBL THARIKERE TALUK, MOBLILE NO. 6363427833. …PETITIONERS (BY SRI. B P RAJU., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, CHICKKAMANGALURU DISTRICT CHICKKAMANGALURU. 2. THE ASSISTANT COMMISSIONER, AND SLAO, SUB DIVISION TARIKERE, THARIKERE. 3. THASILDHAR, TARIKERE. 4. THE SUPERINTENDING ENGINEER CHIKKAMANGALURU BRUHAT KAMAGARI VIBHAGA, KPTCL BHAVAN, 1ST FLOOR, B H ROAD, MRS COLONY, SHIMOGA. 5. THE EXECUTIVE ENGINEER, BRUHAT KAMAGARI VIBHAGA (KPTCL), CHIKKAMAGALURU. 6. THE ASST. EXECUTIVE ENGINEER, BRUHAT KAMAGARI VIBHAGA (KPTCL), CHIKKAMAGALURU. 7. MANAGING DIRECTOR, KPTCL, CORPORATE OFFICE, - 4 - HC-KAR NC: 2025:KHC:26465 WP No. 12517 of 2025 KAVERI BHAVAN, BENGALURU-560009. …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP FOR R1 TO R3; SRI. H V DEVARAJU, ADVOCATE FOR R4 TO R7) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE R- 2 CONSIDER THE REPRESENTATION FILE BY THE PETITIONERS. DIRECT THE RESPONDENTS TO INITIATE PROPER ACQUISITION PROCEEDING AND ANY COMPENSATION AS PER LAW BEFORE STARTING ANY WORK. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Learned counsel for the petitioners has filed the present writ petition seeking for issuance of writ of mandamus in the nature of direction to respondent No.2 to consider the representation filed by the petitioners. Petitioners have in effect sought for compensation. 2. Learned counsel for respondents 4 to 7 has filed a memo placing on record the order dated 13.11.2024 passed under Section 10(D) of the Indian Telegraph Act, 1885 and submits that the quantification of compensation - 5 - HC-KAR NC: 2025:KHC:26465 WP No. 12517 of 2025 as regards each of the petitioners has been made except petitioner No.9. It is further submitted that in the event of any grievance as regards such order, there is a provision of appeal under Section 16(3) of the Indian Telegraph Act, 1885. 3. Insofar as all petitioners except petitioner No.9, matter is disposed off noticing that the petitioners are at liberty to challenge order dated 13.11.2024 in terms of Section 16(3) of the Indian Telegraph Act. 4. Insofar as petitioner No.9 is concerned, learned counsel for respondents 4 to 7 has filed a memo and has asserted that the line is not drawn in the property belonging to petitioner No.9. 5. However, if petitioner No.9 is aggrieved, it is open for petitioner No.9 to take appropriate proceedings in light of the assertion of respondents 4 to 7 that petitioner No.9 is not entitled for compensation as the line is not - 6 - HC-KAR NC: 2025:KHC:26465 WP No. 12517 of 2025 drawn through the property of petitioner No.9 in terms of the sketch enclosed. 6. Accordingly, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE SHS/VP