THE EXECUTIVE ENGINEER (ELECTRICAL) v. SRI T. T. LAKSHMAIAH
WP/8818/2023 · 2025-09-15
Ravi V Hosmani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 91168 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 91168 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:36588 WP No. 8818 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 8818 OF 2023 (GM-KEB)
BETWEEN:
1.
THE EXECUTIVE ENGINEER (ELECTRICAL), NO.5, SUB-DIVISION, MAJOR WORKS DIVISION KARNATAKA POWER TRANSMISSION CORPORATION LIMITED., (K.P.T.CL) KOTITOPU, TUMAKURU.
2.
ASSISTANT EXECUITVE ENGINEER (ELECTRICAL) NO.5, SUB-DIVISION, MAJOR WORKS DIVISION IV K.P.T.CL., KOTITHOPU, TUMAKURU DISTRICT. …PETITIONERS [BY SMT. SHUBHA S., ADVOCATE (PH)] AND:
SRI T. T. LAKSHMAIAH, S/O. LATE THIMMAIAH, AGED ABOUT 62 YEARS, TAGGIHALLI, NITTUR HOBLI, GUBBI TALUK, TUMAKURU DISTRICT - 572 211. …RESPONDENT [BY SRI SHIVAKUMAR D.K., ADVOCATE (PH)]
Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:36588 WP No. 8818 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ORDER DATED 29.10.2022 PASSED IN CIVIL MISCELLANEOUS NO. 312/2020 BY THE VII ADDL. DISTRICT JUDGE, TUMAKURU (ANNEXURE-A) AND ETC.,
THIS PETITION, 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
Challenging order dated 29.10.2022 passed by VII Addl. District Judge, Tumakuru, in C.Misc.no.312/2020 as per Annexure-A, this writ petition is filed.
2. Heard Smt.S Shubha,
learned counsel for petitioners and Sri DK Shivakumar, learned counsel for respondent.
3. Sole ground urged by petitioners is, learned District Judge assessed market value of land while determining compensation towards diminution of value of land based on Agreement of sale. It is submitted, same was held unsustainable by this Court in WP no.6932/2023 disposed of on 12.09.2025, and therefore, seeks for allowing writ petition.
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HC-KAR NC: 2025:KHC:36588 WP No. 8818 of 2023
4.
Learned counsel for respondent would not dispute submission, except stating that decision relied upon by petitioners was order of remand.
5. In view of above, as sole contention urged by petitioner is squarely covered by decision of this Court in WP no.6932/2023, writ petition is allowed in part, impugned
order dated 29.10.2022 passed by VII Addl. District Judge, Tumakuru, in C.Misc.no.312/2020 at Annexure-A is set aside. Matter remitted back to District Court for fresh determination on similar terms, in accordance with law and keeping in mind observations made in WP no.6932/2023. Since both parties are represented, they are directed to appear before trial Court without awaiting fresh notice on 03.11.2025.
Sd/- (RAVI V HOSMANI) JUDGE
AV List No.: 1 Sl No.: 33