- 1 - HC-KAR NC: 2026:KHC:1711 WP No. 16620 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 16620 OF 2025 (GM-KEB) BETWEEN: 1. THE EXECUTIVE ENGINEER (ELE) KARNATAKA POWER TRANSMISSION LIMITED, MAJOR WORKS DEPARTMENT, BALARAJ URS ROAD, NEAR RAILWAY STATION, SHIVAMOGGA DISTRICT - 577 201. 2. THE MANAGING DIRECTOR, KARNATAKA POWER TRANSMISSION LIMITED, MAJOR WORKS DIVISION, KAVERI BHAVAN, BENGALURU - 560 009. …PETITIONERS (BY SRI. DEVARAJU H.V., ADVOCATE) AND: SMT. D.S.USHA, W/O K.T.BHASKAR, PRESENTLY AGED ABOUT 47 YEARS, RESIDING AT KODLU GRAMA, UNTOORKATTE, THIRTHANHALLI TALUK, SHIVAMOGGA DISTRICT-577432 …RESPONDENT (BY SRI. R.SHASHIDHARA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1711 WP No. 16620 of 2025 THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri. Devaraju, counsel for the petitioner and Sri. Shashidhara, counsel for the respondent, appeared in person. 2. For convenience’s sake, the parties shall be referred to by their status and ranking before the Trial Court. 3. The writ petition is filed to quash the order dated 08.11.2023, passed on IA No.3 in Misc No.42/2017 vide Annexure-V and the order dated 11.09.2024, passed by the III Additional District and Sessions Judge, Shimoga, in Misc.No.42/2017 vide Annexure-W on several grounds as set out in the Memorandum of Writ Petition. 4. Counsel for the respective parties urged several contentions. Heard the arguments and perused the papers with care. 5. Suffice it to note that the petitioner smt. D.S. Usha filed a petition under Section 16 (3 ) of the Indian Telegraph - 3 - HC-KAR NC: 2026:KHC:1711 WP No. 16620 of 2025 Act 1885 seeking compensation in 2017. The respondent, the Executive Engineer KPTCL, filed objections. As there was a delay in filing the petition, an application under section 5 of the Limitation Act was filed to condone the delay. The respondent had filed detailed objections. Notwithstanding the detailed objections filed by the Respondent/Petitioner, the Court, in a cryptic order, condoned the delay. This is untenable. The Court overlooked the detailed reasons provided in the objections and summarily allowed the condonation of the delay. The Court is duty-bound to delineate substantial and convincing reasons whenever an application seeking the condonation of delay is presented for consideration. Since no reasons were provided, the order on the condonation delay is susceptible to being set aside, necessitating a remand of the matter. In other words, as no reasons were assigned, the order on the condonation delay is liable to be set aside, and the matter remanded. 6. Moreover, the Trial Court incorrectly set the land value at two lakh rupees. Since the order condoning the delay in filing the application has been set aside, the subsequent final - 4 - HC-KAR NC: 2026:KHC:1711 WP No. 16620 of 2025 order passed in the matter is consequently set aside/inoperative. 7. The writ of certiorari is ordered. The order dated 08.11.2023, passed on IA No.3 in Misc.No.42/2017 vide Annexure-V and the order dated 11.09.2024, passed by the III Additional District and Sessions Judge, Shimoga, in Misc.No.42/2017 vide Annexure-W, are quashed. 8. The writ petition is allowed. Because of the disposal of the writ petition, the interim order granted by this court, if any, stands discharged and pending interlocutory applications and interim directions, if any, are disposed of. The matter is hereby remanded, and the Trial Court is directed to consider the delay application in accordance with the law. Furthermore, the parties are directed to lead further evidence. Since both parties are represented by counsel, the petitioner and respondent are hereby directed to appear before - 5 - HC-KAR NC: 2026:KHC:1711 WP No. 16620 of 2025 the Trial Court on 03.02.2026, dispensing with the need for formal notice. SD/- (JYOTI M) JUDGE SS List No.: 1 Sl No.:75.4