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2026 DAILYLAW 13990 (KAR)

THE EXECUTIVE ENGINEER (ELE) v. SRI CHANDREGOWDA

WP/7860/2023 · 2026-02-25

Jyoti M

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:11832 WP No. 7860 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO.7860 OF 2023 (GM-KEB) BETWEEN: 1. THE EXECUTIVE ENGINEER (ELE) MAJOR WORKS DIVISION, KARNATAKA POWER TRANSMISSION CORPORATION LIMITED (K.P.T.C.L) KOTHITOPU ROAD, TUMAKURU-572 102. 2. THE ASSISTANT EXECUTIVE ENGINEER(ELE) MAJOR WORKS DIVISION-IV, KARNATAKA POWER TRANSMISSION CORPORATION LIMITED (K.P.T.C.L), KOTHITOPU ROAD, TUMAKURU-572102. …PETITIONERS (BY SRI. H.V.DEVARAJU, ADVOCATE) AND: 1. SRI.CHANDREGOWDA S/O LATE SRI.SHIVANANJEGOWDA, (SINCE DECEASED BY HIS LR'S) 1(A) SMT.SUJATHA, AGED ABOUT 56 YEARS W/O LATE SRI.CHANDRAGOWDA, RESIDING AT MADHIHALLI VILLAGE, NONAVINAKERE HOBLI, TIPTUR TALUK-572201. 1(B) SRI.RANGASWAMY M.C., AGED ABOUT 34 YEARS S/O LATE SRI.CHANDRAGOWDA, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:11832 WP No. 7860 of 2023 RESIDING AT MADHIHALLI VILLAGE, NONAVINAKERE HOBLI, TIPTUR TALUK-572201. 1(C) SMT.RANJINI M.C, AGED ABOUT 32 YEARS S/O LATE SRI.CHANDRAGOWDA, RESIDING AT MUDDENAHALLI VILLAGE, DUBBEGHATTA HOBLI, TURUVEKERE TALUK, TUMKURU DISTRICT-572227. …RESPONDENTS (BY SRI.NARAYANA, ADVOCATE FOR SRI.CHANDRASHEKAR P. PATIL FOR PROPOSED R1(A AND B); PROPOSED R1(C) SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.H.V.Devaraju., counsel for the petitioners and Sri.Narayana., counsel on behalf of Sri.Chandrashekar.P.Patil., for respondent No.1(A and B) have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated:04.09.2019 passed by the - 3 - HC-KAR NC: 2026:KHC:11832 WP No. 7860 of 2023 Court of V Additional District and Sessions Judge, Tiptur in Civil Misc. No.10005/2016 vide Annexure-F. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. Counsel Sri.H.V.Devaraju., in presenting his arguments drew the attention of the Court to Annexure-E the order dated:12.02.2016 passed by the Deputy Commissioner, Tumakuru to contend that for drawing up of 110KV "A" type transmission line, the compensation was fixed at Rs.40,000/-. However, the Trial Court has erroneously concluded that 400KV transmission line was drawn and directed the KPTCL to pay the compensation of Rs.2,25,000/-. Hence, he submits that the order passed by the Trial Court may be quashed. 5. Counsel for respondent No.1 (A and B) submits that the order passed by the Deputy Commissioner was not produced by the KPTCL before the Trial Court. Hence, the respondents were deprived of leading evidence on the order of the Deputy Commissioner. Counsel, therefore, submits that the matter may be remanded. - 4 - HC-KAR NC: 2026:KHC:11832 WP No. 7860 of 2023 6. Perused the impugned order with utmost care and it reflects that the order of the Deputy Commissioner was not produced by the KPTCL before the Trial Court. Hence, the matter requires a remand. Therefore, the order passed by the Trial Court is liable to be quashed and the matter is remanded to the Trial Court. 7. The Writ of Certiorari is ordered. The order dated:04.09.2019 passed by the Court of V Additional District and Sessions Judge, Tiptur in Civil Misc. No.10005/2016 vide Annexure-F is quashed. As the parties are represented by their respective counsel they are directed to appear before the Trial Court on 16.03.2026 without awaiting further notice from the Court. The parties to the lis are at a liberty to led further evidence and urge further contentions, if so advised, in accordance with the law. Lastly, counsel Sri.H.V.Devaraju., on instruction submits that an amount of Rs.40,000/- has been deposited before the Trial Court. - 5 - HC-KAR NC: 2026:KHC:11832 WP No. 7860 of 2023 The oral submission is placed on record. The Trial Court is hereby directed to keep the said amount in Fixed Deposit till the disposal of the Civil Misc. Petition. 8. Resultantly, the Writ Petition is allowed and remanded. SD/- (JYOTI M) JUDGE MRP List No.: 1 Sl No.: 65