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2026 DAILYLAW 28032 (KAR)

THE EXECUTIVE ENGINEER v. D S BASAWARAJ @ BASAVRAJAPPA

WA/52/2026 · 2026-07-10

D K Singh, T M Nadaf

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:35107-DB WA No. 52 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 52 OF 2026 (GM-KEB) BETWEEN: 1. THE EXECUTIVE ENGINEER, MAJOR WORKS DIVISION, K.P.T.C.L, SUB DIVISION-1, JCR CIRCLE, 3RD CROSS (EAST) JCR EXTENSION, CHITRADURGA - 577 501. REPRESENTED BY MALLIKARJUNA SWAMY. 2. THE ASSISTANT EXECUTIVE ENGINEER, MAJOR WORKS DIVISION, K.P.T.C.L, SUB DIVISION-1, JCR CIRCLE, 3RD CROSS (EAST), JCR EXTENSION, CHITRADURGA - 577 501. REPRESENTED BY MANJUNATHA SWAMY …APPELLANTS (BY SRI. RAKSHITHA D J.,ADVOCATE) AND: D.S. BASAWARAJ @ BASAVRAJAPPA, S/O LATE SHSANKRAPPA, AGED ABOUT 56 YEARS, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35107-DB WA No. 52 of 2026 R/O KYADIGERE VILLAGE, KYADIGERE POST, D S HALLY, ROUTE, CHITRADURGA - 577 501. …RESPONDENT (BY SRI. R. SHASHIDHARA, ADVOCATE) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO CALL FOR RECORDS IN RESPECT OF WP NO.33564/2024 AND SET ASIDE/MODIFY THE ORDER DATED:08/10/2025 IN WP NO.33564/2024 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT AND TO CONSEQUENTLY ALLOW THE WRIT APPEAL. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra Court appeal has been filed impugning the judgment and order dated 08.10.2025 by the Writ Court in W.P.No.33564/2024. The writ petition came to be filed by the appellant, assailing the order dated 19.06.2024 passed by the Principal District and Sessions Judge, Chitradurga in Misc.No.319/2019. - 3 - HC-KAR NC: 2026:KHC:35107-DB WA No. 52 of 2026 2. The Principal District and Sessions Judge in Misc.No.319/2019 against the order passed by the Deputy Commissioner determining the compensation of Rs.5,63,011/- for erecting the high voltage 220 kilowatts towards the power line corridor over the line of the respondent, enhanced the compensation by another sum of Rs.2,99,660/- along with 6% interest per annum from the date of petition till its complete payment. 3. The learned Single Judge in view of the judgment of this Court in Karnataka Power Transmission Corporation Ltd. Bengaluru and Others Vs. A. P. Manoharachar1, has held that the enhanced compensation by Rs.2,99,660/- was quantified and determined in accordance with the guidelines for payment of the compensation in such a case. 4. We find no error in the impugned judgment and order passed by the learned Single Judge. Having found 1 2015 1 KCCR 245 - 4 - HC-KAR NC: 2026:KHC:35107-DB WA No. 52 of 2026 that the writ appeal without any merit, we dismiss the same. 5. The amount deposited in pursuance of the interim order, to be paid to the respondent along with accrued interest if any, on proper verification. Any short fall of the amount from the amount, as determined by the Principal District and Sessions Judge, should be made good within a period of four weeks from today. 6. Since Demand Draft is returned, therefore the entire amount determined by the Principal District and Sessions Judge has to be paid within period of one month. The demand draft which has been returned by the Bank is to be returned to the appellant. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE RR List No.: 2 Sl No.: 3/ct-vn