Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:1328 WP No. 36371 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 36371 OF 2025 (GM-KEB) BETWEEN:
1.
MR. PADMANABHA S AMIN S/O LATE SEENA KARKERA, AGED ABOUT 69 YEARS,
2.
MR.VIJAYA V KARKERA S/O LATE VISHWANATH KARKERA, AGED ABOUT 60 YEARS,
3.
MR. PRAKASH KARKERA S/O VAASANTHI KARKERA, AGED ABOUT 55 YEARS,
4.
MR. JYOTHI RAVI POOJARY S/O LATE VAASANTHI KARKERA, AGED ABOUT 45 YEARS,
5.
MR. VASANTHA POOJARY, S/O SIDDA KARKERA, AGED ABOUT 73 YEARS,
6.
SMT. BHAVANI POOJARY, D/O LATE LOKU KARKERA, AGED ABOUT 55 YEARS,
ALL PETITIONERS ARE R/AT KAIYODU HOUSE, ULLEPADI VILLAGE, POST MUNDKOORU-576121, MULKI TALUK, D.K.DISTRICT. …PETITIONERS (BY SRI. K.CHANDRANATH ARIGA, ADVOCATE)
Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:1328 WP No. 36371 of 2025
AND:
1.
THE DEPUTY COMMISSIONER, UDUPI DISTRICT RAJATHADRI, MANIPAL-576 104.
2.
THE CHIEF OFFICER, UDUPI KASRGOD TRANSMISSION LIMITED, 4TH FLOOR, ABCO TRADE CENTRE, NH-66, KOTTARA CHOWKI, MANGALORE-575006
3.
MANAGER ENABLEMENT, UDUPI KASRGOD TRANSMISSION LIMITED, 4TH FLOOR, ABCO TRADE CENTRE, NH-66, KOTTARA CHOWKI, MANGALORE-575006 …RESPONDENTS (BY SMT. RASHMI RAO, HCGP FOR R1;
SRI. RISHABHA RAJ THAKUR, ADVOCATE FOR R2 AND R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER Sri.Chandranath Ariga K., counsel for the petitioners, Additional Government Advocate for respondent No.1 and Sri.Rishabha Raj Thakur, counsel for respondent Nos.2 and 3 appeared in person.
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HC-KAR NC: 2026:KHC:1328 WP No. 36371 of 2025
2. The writ petition is filed seeking the following reliefs: (a) forbearing the respondents 2 and 3 from installing the tower and drawing the electricity wire over the schedule property of the petitioners.
(b) Direct the respondent Nos.2 and 3 to obtain permission from respondent No.1 under Sec. 10 & 16 of the Indian Telegraph Act.
(c) Direct the respondents 2 and 3 to pay the compensation to the petitioners before they enter upon the schedule property.
(d) Grant such other reliefs as this Hon'ble court deem fit to grant.
3. Counsel for the respective parties urged several
contentions.
4. Heard the arguments and perused the papers with care.
5. The petitioners contend that they are in peaceful possession and enjoyment of their lands bearing Sy.No.89/1 of Ulepady Village, Mulki Taluk. They further contend that respondent Nos.2 and 3 are intending to install a high tension
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HC-KAR NC: 2026:KHC:1328 WP No. 36371 of 2025
electric tower in their lands and they have entered their lands to cut and remove the standing trees. Apprehending that the respondent Nos.2 and 3 will forcibly enter the lands and cut and remove the standing trees, the petitioners are before this Court.
6. The relief sought in the writ petition is injunctive in nature and the power under Article 226 of the Constitution of India cannot be exercised. However, the petition is treated as obstruction application and respondent Nos.2 and 3 are
directed to approach the appropriate forum for removal of the obstruction in accordance with the law.
7. With the above observation, the petition is disposed of.
SD/- (JYOTI M) JUDGE
SS List No.: 1 Sl No.: 46