- 1 - HC-KAR NC: 2025:KHC:30718 WP No. 20773 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. 20773 OF 2024 (GM-KEB) BETWEEN: 1. RAJAMMA W/O LATE BASAVARAJU, AGED ABOUT 70 YEARS, R/A MALLIGERE VILLAGE, HANDANAKERE HOBLI, CHIKKANAYAKANA HALLI TALUK, TUMKUR DISTRICT - 572 226. 2. RATHNAMMA W/O LATE MARULASIDDAIAH, AGED ABOUT 70 YEARS, R/AT MATHIGHATTA VILLAGE, HANDANAKERE HOBLI, CHIKKANAYAKANA HALLI TALUK, TUMKUR DISTRICT - 572 119. …PETITIONERS (BY SRI. M C BASAVARAJU, ADVOCATE) AND: 1. THE MANAGING DIRECTOR KPTCL, CORPORATE OFFICE, KAVERI BHAVAN, K G ROAD, BANGALORE - 560 009. 2. THE EXECUTIVE ENGINEER (ELECTRICAL) KPTCL, NO.3, MAJOR WORKS SUB DIVISION, TUMKUR - 572 101. 3. THE ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL) KPTCL Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30718 WP No. 20773 of 2024 NO. 3, MAJOR WORKS SUB DIVISION, TUMKUR - 572 101. …RESPONDENTS (BY SMT PADMA S UTTUR, ADVOCATE TO R1 TO R3) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED CORRIGENDUM NOTIFICATION BEARING NO.KANIEM (VI)/SAKANIEM(KA)/BRUKAVI/THU/2023-24/1902-1905 DTD. 18.07.2023 ISSUED BY THE R-2 VIDE ANNX-J TO THE WRIT PETITION IN SO FAR AS PETITIONERS ARE CONCERNED AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Present writ petition is filed seeking for following reliefs: “i) Issue a writ in the nature of writ of certiorari by quashing the impugned corrigendum notification bearing no.KANIEM(VI)/ SAKANIEM (KA)/BRUKAVI/THU/2023- 24/1902-1905 dated 18/07/2023 issued by the second respondent vide Annexure J to the writ petition in so far as petitioners are concerned and ii) Issue a writ in the nature of writ of mandamus directing the respondents to remove the electrical towers erected on the land bearing Sy. No.11/3 measuring 35 guntas situated at Malligere Village, Handanakere Hobli, Chikkanayakanahalli Taluk, Tumkur District Sy. No.198/1 measuring 2 acres 33 guntas situated at Mathighatta Village, Handanakere Hobli, Chikkanayakanahalli Taluk, Tumkur District under the facts and circumstances of the case or in the alternate iii) Issue a writ in the nature of writ of mandamus directing the respondents to assess the value of the land, trees and temporary crops growing on the land bearing Sy. No.11/3 measuring 35 guntas situated at Malligere Village, Handanakere Hobli, Chikkanayakanahalli Taluk, Tumkur District Sy. No.198/1 measuring 2 acres 33 guntas situated at Mathighatta Village, Handanakere - 3 - HC-KAR NC: 2025:KHC:30718 WP No. 20773 of 2024 Hobli, Chikkanayakanahalli Taluk, Tumkur District and fix the compensation for having acquired the above said land and to pay higher compensation to the petitioners under the facts and circumstances of the case or iv) Issue any appropriate writ order/s or directions as this Hon'ble Court may deems fit to grant by considering the facts and circumstances of the case and an order as to costs to meet the ends of justice and equity.” 2. Sri M.C. Basavaraju, learned counsel for petitioners submitted, petitioner no.1 is owner of land bearing Sy.no.11/3 measuring 35 guntas of Malligere Village, Handanakere Hobli, Chikkanayakana Halli Taluk, Tumkur District. While, petitioner no.2 is owner land in Sy.no.198/1 measuring 2 acres 33 guntas of Mathighatta Village, Handanakere Hobli, Chikkanayakana Halli, Tumkur District. It was submitted, respondents intended to draw 110 KV to SC line over petitioners’ land. Since same was without notifying petitioners, inclusion of their lands in notification, petitioners filed W.P.no.9011/2024. This Court granted interim order and same was later vacated and lines were drawn. Taking note of same, writ petition was disposed of. 3. It was submitted, while land of petitioner no.1 was included by issuing a Corrigendum notification at Annexure-J, land of petitioner no.2 was not included. Therefore, - 4 - HC-KAR NC: 2025:KHC:30718 WP No. 20773 of 2024 respondents were proceeding with laying of electricity transmission lines illegally. 4. It was also submitted, even compensation determined by District Magistrate at Annexure-L was not paid. It was alleged, there was deviation in alignment of lines to disadvantage of petitioners. Thus, without payment of compensation and without any authority of law, respondents entered petitioners' land, destroyed crops and drew Transmission Lines. Therefore, prayed for granting reliefs. 5. On other hand, Smt.Padma S. Uttur, learned counsel for respondents no.1 to 3 opposed writ petition and submitted, land bearing Sy.no.198 belonging to petitioner no.2 was included in earlier notification at Annexure-E dated 13.12.2022, while land of petitioner no.1 was included by issuing Corrigendum at Annexure-J. Thus, there was no illegality insofar as inclusion of petitioners' lands for drawing of Transmission Lines. 6. It was submitted, since lines were already drawn, only remedy for petitioners was to seek compensation under Section 16(3) of Indian Telegraph Act, 1885 ('Act,' for short), - 5 - HC-KAR NC: 2025:KHC:30718 WP No. 20773 of 2024 as observed by this Court while dismissing W.P.no.9011/2024. Therefore, without any justification, petitioners had filed this writ petition. 7. Heard learned counsel and perused writ petition record. 8. Admittedly, this writ petition is filed alleging high handed action of respondents, firstly in deviating from original alignment for drawing of Transmission Lines and proceeding to drawing said Lines without properly including lands in notification and without payment of compensation. 9. Insofar as drawing of Transmission Lines without inclusion of petitioner’s land in notification, it is seen notification at Annexure-E clearly notified land belonging to petitioner no.2, while Corrigendum to said notification at Annexure-J includes land belonging to petitioner no.1. Therefore, said contention would not sustain. 10. Even allegation of illegal deviation of alignment, would not sustain, since this Court in WP no.9011/2024 has held mere inclusion of names of villages in notification would be - 6 - HC-KAR NC: 2025:KHC:30718 WP No. 20773 of 2024 sufficient. Moreover, while execution of work on field, certain leeway is permitted to authorities while choosing ideal area for installation of Transmission Lines, based on feasibility/ convenience looking to topography of land. Therefore, only remedy for owners of lands would be to seek compensation for damages sustained as provided under Sections 10 and 16 of Act. 11. Insofar as last ground that action of drawing of lines were without paying compensation, this Court in WP no.9011/2024 itself held remedy for these very petitioners was to seek compensation under provisions of Act. Under such circumstances, filing of one more writ petition would not be justified and therefore, writ petition is dismissed, but reserving liberty to avail remedy under Section 16 (3) of Act, in accordance with law. Sd/- (RAVI V HOSMANI) JUDGE BS List No.: 1 Sl No.: 14