- 1 - HC-KAR NC: 2026:KHC:28300 WP No. 17362 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 17362 OF 2026 (GM-KEB) BETWEEN: SMT. MAMATHA HEMANTH W/O MR. HEMANTH KUMAR, AGED ABOUT 59 YEARS, RESIDING AT FLAT NO.303, ENCON YAGNALAYA APARTMENTS, NO.82, 6TH MAIN ROAD, JAYALAKSHMIPURAM, MYSURU DISTRICT, KARNATAKA - 570 012 …PETITIONER (BY SRI. SAMMITH S.,ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER, MYSURU DISTRICT, MYSURU - 570 001 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28300 WP No. 17362 of 2026 2. EXECUTIVE ENGINEER (ELECTRICITY), KARNATAKA POWER TRANSMISSION CORPORATION LIMITED (KPTCL), KPTCL, PROJECT DIVISION, MYSURU DIVISION, FTS COMPOUND, NR MOHALLA, MYSURU - 570 001 …RESPONDENTS (BY SRI. MANJUNATH B., AGA FOR R1 SRI. H.V. DEVARAJU, ADVOCATE FOR R2) THIS WP IS FILED PRAYING TOQUASHING THE IMPUGNED ORDER DATED 04.06.2026 PASSED BY THE RESPONDENT NO.1 IN M.A.G./1.T.A. NO. 03/2026 (ANNEXURE-F) B. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION RESTRAINING THE RESPONDENTS, THEIR OFFICERS, AGENTS OR ANY PERSON ACTING UNDER THEM, FROM LAYING, DRAWING OR ERECTING THE PROPOSED HT TRANSMISSION LINE OVER/THROUGH THE SCHEDULE PROPERTY IN THE PRESENT ALIGNMENT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:28300 WP No. 17362 of 2026 ORAL ORDER The present petition is filed seeking the following prayers: "a. Issue a Writ of Certiorari or any other appropriate writ, order or direction, quashing the Impugned Order dated 04.06.2026 passed by the Respondent No.1 in M.A.G./I.T.A. No. 03/2026 (ANNEXURE- F); b. Issue a writ of mandamus or any other appropriate writ, order or direction restraining the Respondents, their officers, agents or any person acting under them, from laying, drawing or erecting the proposed HT transmission line over/through the Schedule Property in the present alignment. c. Pass such other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity. 2. The facts of the case are that the petitioner is the absolute owner and is in lawful possession and enjoyment of the agricultural land bearing Sy.No.57/2, situated at Hullenahalli Village, Bilikere Hobli, Hunsur Taluk, Mysuru District, measuring 23 guntas. It came to the petitioner’s notice - 4 - HC-KAR NC: 2026:KHC:28300 WP No. 17362 of 2026 that the respondents had proposed to lay a 66 KV transmission line through the Schedule Property and to erect transmission towers therein. It is the case that the petitioner was not consulted and no prior notice was given to the petitioner regarding the proposed alignment. Upon learning of the proposed alignment when certain officials from the office of respondent No.2 visited the Schedule Property purportedly to conduct a survey in December 2025, the petitioner addressed a written representation dated 26.12.2025 to the Superintending Engineer, Transmission and Works (Maintenance) Circle, KPTCL, Mysuru, specifically objecting to the proposed transmission line passing through the Schedule Property and clearly requesting either: (a) relocation of the proposed alignment; or (b) acquisition of the entire extent of land upon payment of lawful compensation. It is the case that the respondents have not passed any orders on the said representation. It is further stated that respondent No.2 filed a petition before respondent No.1 seeking to restrain the petitioner from interfering with any of the HT line laying works on the property. Basing on the said request made by respondent No.2, respondent No.1, by the impugned order - 5 - HC-KAR NC: 2026:KHC:28300 WP No. 17362 of 2026 dated 05.06.2026, granted permission to respondent No.2 to enter upon the Schedule Property, erect transmission towers, draw the 66 KV transmission line and further directed the police to provide necessary police protection for carrying out the said work. 3. Learned counsel appearing for the petitioner submits that, pursuant to the impugned order, the respondents are entering into the petitioner's land with all the materials then at that time, the petitioner is constrained to come before this Court by filing the instant writ petition. It is further submitted that the Government of India, Ministry of Power, has issued the guidelines for the laying of transmission lines dated 14.06.2024 and as per Annexure-III of the said guidelines prescribes a Standard Operating Procedure (for short 'SOP') as to how the procedure has to be followed from the stage when they have taken a decision to lay the transmission lines. 4. It is the grievance of the petitioner that the respondents have not consulted the petitioner. No measurement was conducted in the presence of the petitioner and till now the determination of compensation has not been - 6 - HC-KAR NC: 2026:KHC:28300 WP No. 17362 of 2026 done by the respondents and now they are going to lay the transmission lines through the Schedule Property. It is submitted that the petitioner cannot be made to wait eternally till the entire process is completed by the respondents. 5. Learned counsel for the petitioner places reliance upon the judgment of the Hon'ble Apex Court in Vinod and Others Etc. v. Kalpataru Power Transmission Ltd. and Others Etc., arising out of S.L.P. (C) Nos.14936-14942 of 2023, wherein the Honb’le Apex Court expressed concerns over the procedure adopted in such cases and on how there is no timeline prescribed under the Indian Telegraphic Act, with regard to if the party is aggrieved, within what time frame he has to approach the Court and several concerns were raised. It is further submitted that the respondents cannot be permitted to use the land of the private party and at the same time be depriving him by not paying the compensation. 6. Learned counsel appearing for Respondent No.2 submits that it is for the Deputy Commissioner to follow the procedure prescribed under law and if the petitioner is aggrieved with regard to compensation, he is required to - 7 - HC-KAR NC: 2026:KHC:28300 WP No. 17362 of 2026 approach the Deputy Commissioner for appropriate relief. It is further submitted that the respondents are laying the transmission line strictly in accordance with the permissions granted by the competent authority. It is submitted that the petitioner cannot object for laying of the transmission lines. Learned counsel contends that, in the larger public interest, they are laying the lines at best, the petitioner is entitled for compensation and it would be determined by the Deputy Commissioner. It is therefore submitted that the petitioner cannot obstruct respondent No.2 from laying the transmission line. 7. Learned AGA appearing on behalf of respondent No.1 submits that respondent No.1 has passed the impugned order as per the provisions of the Indian Telegraphic Act and they will follow the procedure for fixation of the compensation. If the petitioner is aggrieved by the order passed by the Deputy Commissioner, there is a remedy available to the petitioner under the Telegraphic Act. It is submitted that there is no illegality with the order impugned and petitioner could not make out any ground seeking interference of this Court. - 8 - HC-KAR NC: 2026:KHC:28300 WP No. 17362 of 2026 8. Having heard the counsels on either side, perused the material on the record. 9. It is an admitted fact that respondent No.2 is laying the transmission lines through the property of the petitioner. The petitioner has placed before this Court the SOP dated 14.06.2024 issued by the Government of India, Ministry of Power. A perusal of the said SOP, makes it clear that the complete procedure is contemplated. It is grievance of the petitioner that so far no one from the first respondent's office or the second respondent's office have consulted the petitioner nor was he made party to any of the measurements as contemplated under the said SOP. It is submitted that the respondents at their convenience cannot pay the compensation. The Court is conscious of the fact that under the Indian Telegraphic Act, the respondents can lay the lines, but at the same time have to compensate the petitioner in a time-bound manner. This Court finds force in the argument of the learned counsel for the petitioner and also, this Court has perused the judgment of the Hon’be Apex Court in Vinod and Others case (referred to Supra), wherein the Court has taken note of the - 9 - HC-KAR NC: 2026:KHC:28300 WP No. 17362 of 2026 difficulties of the landowners. In whose lands, the transmission lines were laid, where the delay has occurred in terms of payment of compensation and also the other issues were elaborately discussed. 10. In light of the above discussions, this Court is of the view that the petitioner cannot obstruct the respondents from laying the transmission lines and at the same time, the first respondent cannot take his sweet time in fixing the compensation in disbursing the compensation. 11. Accordingly, this court is passing the following: ORDER i. The writ petition is disposed of, directing respondent No.1 to adhere to the SOP dated 14.06.2024 and complete the entire process relating to determination of compensation within a period of 4 weeks from the date of receipt of the copy of this order. ii. If the petitioner is aggrieved by the order of respondent No.1, he is at liberty to avail the appropriate remedy available him. - 10 - HC-KAR NC: 2026:KHC:28300 WP No. 17362 of 2026 iii. The petitioner shall participate in the proceedings before the Respondent No.1/Deputy Commissioner. iv. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 5