- 1 - HC-KAR NC: 2026:KHC:23991 WP No. 38069 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.38069 OF 2025 (GM-KEB) BETWEEN: SMT. KHUSHBOO BANSAL W/O ANKIT BANSAL, AGED ABOUT 39 YEARS, RESIDING AT DOOR NO.3-51-/170, FLAT NO. A2101, PLANET SKS, KADRI KUNTIKANA ROAD, MANGALORE-575 008. …PETITIONER (BY SRI ANOOP HARANAHALLI, ADVOCATE) AND: 1. DEPUTY COLLECTOR CUM DISTRICT MAGISTRATE, BUNDER, DAKSHINA KANNADA, MANGALORE, KARNATAKA-575 001. 2. THE KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, CORPORATION LIMITED, KAVERI BHAVANA, K.G. ROAD, BENGALURU-560 009 REPRESENTED BY ITS MANAGING DIRECTOR. 3. THE CHIEF ENGINEER (ELE), PLANNING AND COORDINATION, THE KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, 4TH FLOOR, KAVERI BHAVANA, BENGALURU - 560 009. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23991 WP No. 38069 of 2025 4. THE EXECUTIVE ENGINEER (ELE), MAJOR WORKS DIVISION, KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, KAVOOR, MANGALORE-575 015. …RESPONDENTS (BY SMT. RASHMI RAO, HCGP FOR R-1; SRI S. SRIRANGA, SENIOR COUSNEL A/W SRI H.V. DEVARAJU, ADVOCATE FOR R-2 TO R-4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE ORDER DATED 18.11.2025 PASSED BY RESPONDENT NO.1 IN PROCEEDINGS BEARING NO. MAG (5) C.R. 32/2024/454580/C9 (AT ANNEXURE-A); DIRECT RESPONDENTS TO ALTER THE SITUS OF TOWER NO.11 IN ACCORDANCE WITH THE DEVIATION REPORT AT ANNEXURE-H. 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 has approached this Court challenging the impugned order dated 18.11.2025 passed by respondent No.1 under Section 17 of the Indian Telegraph Act, 1885 (‘the Act’ for short), permitting construction of Tower No.11 and drawing of the EHT Line through the petitioner’s property. - 3 - HC-KAR NC: 2026:KHC:23991 WP No. 38069 of 2025 2. The principal grievance of the petitioner is that the proposed location of Tower No.11, obstructs the only access road to the schedule property, thereby rendering the property inaccessible and causing serious prejudice. 3. The petitioner is the owner of the schedule property and has been in possession and enjoyment thereof. The respondents initiated proceedings for laying of 400 KV EHT transmission line, which includes erection of Tower No.11 within proximity of the petitioner’s property. The petitioner, objecting to the same, sought deviation of the Tower location on the ground that the proposed alignment blocks the only access. 4. Learned counsel for the petitioner submits that the grievance of the petitioner is that deviation, particularly the proposed location of tower No.11, obstructs the only access road to the schedule property rendering the entire property unusable. - 4 - HC-KAR NC: 2026:KHC:23991 WP No. 38069 of 2025 5. Sri S Sriranga, the learned Senior Counsel appearing for respondents 2 to 4 submits that the grievance of the petitioner with regard to the obstruction of the access road has in fact been considered by the competent authority in the impugned order (Annexure-A). 6. This Court has considered the rival submissions. The relevant portion of the impugned order (Annexure-A) indicating that an alternative access to be provided to the petitioner is culled out as under for ready reference: “ªÀiÁ£Àå GZÀÑ £ÁåAiÀiÁ®AiÀÄzÀ°è UÉÆÃ¥ÀÅgÀ ¸ÀASÉå 11 PÉÌ ¸ÀA§A¢ü¹zÀ PÁªÀÄUÁjUÉ ªÀiÁvÀæ vÀqÉAiÀiÁeÉÕ EzÀÄÝ, UÉÆÃ¥ÀÅgÀ ¸ÀASÉå 10 ªÀÄvÀÄÛ 12 gÀ ¤ªÀiÁðtPÉÌ ¤UÀ¢PÉÆArgÀĪÀ ¸ÀܼÀªÀÅ ¥ÀæwªÁ¢AiÀĪÀjUÉ ¸ÉÃj®èªÁzÀÝjAzÀ PÁªÀÄUÁjUÉ AiÀiÁªÀÅzÉà vÀqÉAiÀiÁeÉÕ E®èzÉ EgÀĪÀ »£É߯ÉAiÀÄ°è ºÁUÀÆ ¥Àæ¸ÀÄÛvÀ PÁªÀÄUÁjAiÀÄ£ÀÄß ¤UÀ¢vÀ CªÀ¢üAiÉƼÀUÉ ¥ÀÇtðUÉƽ¹ ¸ÁªÀðd¤PÀ G¥ÀAiÉÆÃUÀPÉÌ ©lÄÖ PÉÆqÀĪÀ dªÁ¨ÁÝj ªÁ¢AiÀĪÀjUÉ EgÀĪÀ PÁgÀt PÁªÀÄUÁjAiÀÄ£ÀÄß ªÀÄÄAzÀĪÀgɸÀ¯ÁVzÉ JAzÀÄ w½¹gÀÄvÁÛgÉ. ¥ÀæwªÁ¢AiÀĪÀgÀ ¸ÀA¥ÀPÀð gÀ¸ÉÛAiÀÄ£ÀÄß UÉÆÃ¥ÀÅgÀzÀ ºÀwÛgÀzÀ¯Éèà FV£À ¹ÜwAiÀįÉè ªÀÄgÀÄ ¤«Äð¹ PÉÆqÀ¯ÁUÀĪÀÅzÉAzÀÄ w½¹gÀÄvÁÛgÉ.” (Emphasis supplied) 7. A perusal of the impugned order emphasis supplied itself discloses that the competent authority has - 5 - HC-KAR NC: 2026:KHC:23991 WP No. 38069 of 2025 taken note of this aspect and has indicated that the access would be ensured/provided to the petitioner. Once such an assurance forms part of the order, it is incumbent upon the respondents to ensure that the petitioner’s property is not rendered inaccessible. In that view of the matter, while this Court does not deem it necessary at this stage to interfere with the impugned order on merits, it is just and appropriate to reserve liberty to the petitioner to seek redressal before the competent authority, particularly with regard to the location of tower No.11 and its impact on access. 8. Having regard to the mandate under Section 10 (d) of the Act, which obligates the authority to cause the least possible damage, the respondents are required to consider the petitioner’s grievance in that light and ensure that effective and usable access is provided. Accordingly, the following: - 6 - HC-KAR NC: 2026:KHC:23991 WP No. 38069 of 2025 ORDER (i) The Writ Petition is disposed of. (ii) The petitioner is granted liberty to submit a detailed representation to respondent No.3 within a period of one week from today, specifically with regard to the grievance concerning obstruction of the access road on account of the location of tower No.11. (iii) If such a representation is made, respondent No.3 shall consider the same in accordance with law, keeping in view the provision of Section 10 (d) of the Act and the observations made herein and pass appropriate orders within a period of two weeks thereafter. (iv) The respondents shall ensure that effective access to the petitioner’s property is provided, as indicated in the impugned order (Annexure- A). - 7 - HC-KAR NC: 2026:KHC:23991 WP No. 38069 of 2025 (v) Till such consideration, the respondents shall not take any precipitative action in respect of the petitioner’s schedule property. Sd/- _____________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 54