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2026 DAILYLAW 12241 (KAR)

ERANNA M v. ASSISTANT EXECUTIVE ENGINEER (ELEC)

WP/4036/2026 · 2026-03-16

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:15543 WP No. 4036 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.4036 OF 2026 (GM-KEB) BETWEEN: ERANNA .M S/O MALLAPPA .G AGED ABOUT 65 YEARS, R/AT NO.103, ELUKOTI NILAYA, IKKANURU, AT POST HIRIYUR TALUK, IKKANURU, CHITRADURGA-577557. …PETITIONER (BY SRI AKSHAY RAMACHANDRA HUDDAR, ADVOCATE) AND: 1. ASSISTANT EXECUTIVE ENGINEER (ELEC.), MAJOR WORKS SUB-DIVISION-3, KPTCL, JCR CIRCLE, 3RD CROSS (WEST), CHITRADURGA, KARNATAKA-577501. 2. THE DEPUTY COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER, DISTRICT COLLECTORATE, CHITRADURGA, KARNATAKA-577501. 3. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED (KPTCL), REP. BY ITS MANAGING DIRECTOR, CORPORATE OFFICE, KAVERI BHAVAN, K.G. ROAD, BENGALURU-560009. …RESPONDENTS (BY SRI H.V. DEVARAJU, ADVOCATE FOR R-1 & R-3; SRI MANJUNATH B., AGA FOR R-2) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15543 WP No. 4036 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICIAL MEMORANDUM DATED 01/07/2024 (ANNEXURE-E) ISSUED BY RESPONDENT NO.2 AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner in this petition is seeking for the following prayers: “A. Issue a "Writ of Certiorari" or any other appropriate writ, order, or direction, quashing the Official Memorandum bearing No.CYS- 10/P.D.Kote/2024-25 dated 01/07/2024 at Annexure-E issued by Respondent No.2. B. Issue a Writ of Mandamus or any other appropriate writ, order, or direction, directing the respondents to: 1. Re-determine the compensation in strict compliance with the Central Guidelines dated 14.06.2024 at Annexure-F. 2. Constitute a Market Rate Committee (MRC) as per Clause 3 of the Supplementary Guidelines - 3 - HC-KAR NC: 2026:KHC:15543 WP No. 4036 of 2026 at Annexure F1, with petitioner's representation. 3. Determine the prevailing market value of the affected lands through the MRC using independent valuers. 4. Calculate and pay compensation as follows: • Tower Base Area: 200% of the determined market value per sq.m. • RoW Corridor: 30%/45%/60% of the determined market value per acre based on location classification. C. Grant such other and further relief(s) as this Hon'ble Court deems fit, including costs.” 2. Upon hearing the learned counsel for the petitioner and the learned counsel for the respondents, it is evident that the core grievance of the petitioner pertains to re-determination of compensation payable for the land effected by the transmission line. 3. The relief sought is essentially in the nature of: i. adjudication of compensation and - 4 - HC-KAR NC: 2026:KHC:15543 WP No. 4036 of 2026 ii. determination of market value with statutory guidelines. Such issue involve disputed questions relating to : a. assessment of market value; b. application of statutory guidelines and c. factual determination by competent authority. 4. This Court is of the considered view that the writ petition as framed seeks re-determination of compensation, which is not ordinarily amenable to jurisdiction under Article 226 of the Constitution. The issue raised requires adjudication by the appropriate authority/ forum, competent to determine compensation and factual disputes. 5. The petitioner has alternative and efficacious remedy available in law and the writ petition is not maintainable at this stage. However, considering the grievance of the petitioner, liberty is reserved to the petitioner to approach the appropriate authority/ forum, - 5 - HC-KAR NC: 2026:KHC:15543 WP No. 4036 of 2026 seek re-determination of compensation in accordance with law and raise all contentions available, including reliance on Central Guidelines. Accordingly, the writ petition stands disposed of with liberty as stated above. Sd/- ____________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 75