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High Court of Karnataka · body

2025 DAILYLAW 85008 (KAR)

SHRI. PARAG S/O. AJITKUMAR BORA, v. THE DEPUTY COMMISSIONER,

WP/107480/2025 · 2025-10-15

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:13924 WP No. 107480 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. 107480 OF 2025 (GM-KEB) BETWEEN: SHRI. PARAG S/O. AJITKUMAR BORA, AGE. 32 YEARS, OCC. BUSINESS, R/O. JOSHI GALLI, ILKAL – 587 125, TQ. ILKAL, 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 GENERAL MANAGER. 3. POWER GRID KOPPAL GADAG TRANSMISSION LTD., (OWNED SUBSIDIARY OF POWER GRID CORPORATION OF INDIA LIMITED), PLOT NO.111 AND 112, KINNAL ROAD, ABHISHEK BADAVANE, BHAGYA NAGAR, KOPPAL-583231, TQ/DIST. KOPPAL. TQ. YELAHANKA, DIST. BENGALURU URBAN, REPRESENTED BY SHRI.CHEJARLAVENKATA RAO, S/O. CHEJARLAKOTESHWAR RAO, AGE. 43 YEARS, OCC. DEPUTY GENERAL MANAGER. …RESPONDENTS (BY SRI. V.S.KALASURMATH, AGA FOR R1; SRI. NEELENDRA D. GUNDE, ADVOCATE FOR C/R2 & C/R3) Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13924 WP No. 107480 of 2025 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.94/2/1, 94/2/2 AND 94/2/3 TOTALLY MEASURING 07 ACRES 22 GUNTAS SITUATED AT HOOLGERI VILLAGE OF KUSHTAGI TALUKA, KOPPAL DISTRICT BY CONSIDERING THE REPRESENTATIONS DATED 04.07.2025 AND 22.08.2025 AS PER ANNEXURE-G TO H-2 RESPECTIVELY AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: i. 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.94/2/1, 94/2/2 and 94/2/3 totally measuring 07 acres 22 guntas situated at Hoolgeri village of Kushtagi taluka, Koppal district by considering the representations dated 04.07.2025 and 22.08.2025 as per annexure-g to h-2 respectively. Or in the alternative ii. To issue a Writ or Order or Direction in the nature of Writ of Mandamus 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. - 3 - HC-KAR NC: 2025:KHC-D:13924 WP No. 107480 of 2025 iii. 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. The case at hand is also identical to Writ Petition No.107473/2025. The difference is with regard to the contention of the petitioner and the respondents. 3. The learned counsel for the respondent Nos.2 and 3 Sri.Neelendra D. Gunde submits that the electric lines does not pass through the land of the petitioner at all and therefore he is not entitled to claim any compensation as is now claimed in the subject petition. Therefore on the very reason rendered in Writ Petition No.107473/2025 therein, the Deputy Commissioner will now consider/reconsider the claim of the petitioner with regard to compensation bearing in mind the contention that no electric lines pass through the land of the petitioner. The survey map is placed before the Court and the report that the petitioner has paced reliance upon. 4. The same will be placed before the Deputy Commissioner and the Deputy Commissioner shall also look - 4 - HC-KAR NC: 2025:KHC-D:13924 WP No. 107480 of 2025 into the survey map or the report submitted by the petitioner and pass necessary orders in accordance with law. 5. 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 from 30.10.2025. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-ASC List No.: 1 Sl No.: 90