Writ Petition No. 7446 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:14615 WP No. 7446 of 2025 C/W WP No. 7438 of 2025 WP No. 9602 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7446 OF 2025 (GM-KEB) C/W WRIT PETITION NO. 7438 OF 2025 (GM-KEB) WRIT PETITION NO. 9602 OF 2025 (GM-KEB) IN WP No. 7446/2025 BETWEEN: D. RAGHUNATH, AGED ABOUT 67 YEARS, S/O K.D. DEVEGOWDA, R/A. NO.62, BOMBAILU ESTATE, ANOOR POST, VASTARE HOBLI, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT - 577 101. …PETITIONER Digitally signed by NAGAVENI Location: High Court of Karnataka
Legal Reasoning
(BY SRI. SUDHINDRA MURTHY V, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS UNDER SECRETARY, DEPARTMENT OF POWER SHAKTHI BHAVAN, BENGALURU - 560 001. 2. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, 1ST FLOOR, KAVERI BHAVAN, - 2 - NC: 2025:KHC:14615 WP No. 7446 of 2025 C/W WP No. 7438 of 2025 WP No. 9602 of 2025 KEMPEGOWDA RD, NEHRU NAGAR, GANDHI NAGAR, BENGALURU - 560 009. 3. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT MALANDUR DIVISION, PRASARNA BHAVAN, 2ND FLOOR, B.M. ROAD, HASSAN - 573 201. 4. THE DEPUTY COMMISSIONER O/A. DISTRICT FIELD ROAD, VIJAYANAGAR, CHIKKAMAGALURU - 577 101. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DATED 04.03.2024 BEARING NO. IN CONSIDERATION OF OBJECTIONS DATED 26.12.2024 (ANNX-E AND F). IN SO FAR AS PETITIONER CONCERNED AND ETC., IN WP NO. 7438/2025 BETWEEN: K.P. RAJENDRA, AGED ABOUT 60 YEARS, S/O PUTTASWAMY GOWDA K.D, R/A. HALLIHITHLU VILLAGE, ANOOR POST, VASTARE HOBLI, CHIKKAMAGALURU TALUK CHIKKAMAGALURU DISTRICT - 577 101. (BY SRI. SUDHINDRA MURTHY V, ADVOCATE) ...PETITIONER - 3 - NC: 2025:KHC:14615 WP No. 7446 of 2025 C/W WP No. 7438 of 2025 WP No. 9602 of 2025 AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY, DEPARTMENT OF POWER, SHAKTHI BHAVAN, BENGALURU - 560 001. 2. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, 1ST FLOOR, KAVERI BHAVAN, KEMPEGOWDA RD. NEHRU NAGAR, GANDHI NAGAR, BENGALURU - 560 009. 3. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, MALANDUR DIVISION, PRASARNA BHAVAN, 2ND FLOOR, B M ROAD, HASSAN - 573 201. 4. THE DEPUTY COMMISSIONER, O/A. DISTRICT FIELD ROAD, VIJAYANAGAR, CHIKKAMAGALURU - 577 101. ...RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 AND R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DATED BEARING NO. KA.NI.IO(V)/BRU.KA.VI/BELLARI /2023 - 24/3541 - 547 ISSUED BY R3 IN CONSIDERATION OF OBJECTIONS FILED BY THE PETITIONER DATED 26.12.2024 (ANNX-D AND E) IN SO FAR AS PETITIONER CONCERNED AND ETC., 04.03.2024 - 4 - NC: 2025:KHC:14615 WP No. 7446 of 2025 C/W WP No. 7438 of 2025 WP No. 9602 of 2025 IN WP NO. 9602/2025 BETWEEN: K.T. DEVRAJEGOWDA, AGED ABOUT 70 YEARS, S/O LATE THIPPEGOWDA, R/A. KATRUMANE, JAKKANHALLI POST, VASTARE HOBLI, THALIHALLI GRAMA, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT - 577 101. ...PETITIONER (BY SRI. SUDHINDRA MURTHY V, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS UNDER SECRETARY, DEPARTMENT OF POWER SHAKTHI BHAVAN, BENGALURU - 560 001. 2. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, 1ST FLOOR, KAVERI BHAVAN, KEMPEGOWDA RD. NEHRU NAGAR, GANDHI NAGAR. BENGALURU - 560 009. 3. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, MALANDUR DIVISION, PRASARNA BHAVAN, 2ND FLOOR, B.M. ROAD, HASSAN - 573 201. 4. THE DEPUTY COMMISSIONER, O/A DISTRICT FIELD ROAD, - 5 - NC: 2025:KHC:14615 WP No. 7446 of 2025 C/W WP No. 7438 of 2025 WP No. 9602 of 2025 VIJAYANAGAR, CHIKKAMAGALURU - 577 101. ...RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 AND R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE NOTIFICATION DATED 04.03.2024 BEARING NO. KA. NILO.(V)/CHI BRU KA VI/SA KA NI I2/2023/2024/3406-412 IN CONSIDERATION OF OBJECTIONS DATED 26.12.2024 (ANNEXURE. E AND F) AND ETC., THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard the learned counsel Sri. Sudhindra Murthy V., appearing for the petitioners and Sri. Mohammed Jaffar Shah, learned AGA appearing for respondent No.1 in W.P.No.7446/2025, respondent Nos.1 and 4 in W.P.Nos.7438/2025 and 9602/2025. 2. The petitioners are before this Court, seeking for the following prayers: In W.P.No.7446/2025: "a) Issue a writ in the nature of certiorari or any other the notification dated appropriate writ quashing - 6 - NC: 2025:KHC:14615 WP No. 7446 of 2025 C/W WP No. 7438 of 2025 WP No. 9602 of 2025 04.03.2024 bearing No. PÁ¤EA(«)/a¨sÀPÁ«/¸À.PÁ.¤.EA.(«)- 2Š²/2023-24/3541-547 issued by R3 in consideration of objections dated 26.12.2024. (Annexure- E and F) in so far as petitioner concerned. b) Issue a writ in the nature of mandamus or any other appropriate writ directing the Respondents to consider the dated 26.12.2024 (Annexure-F) in so far as petitioner concerned. c) Grant any other order or direction as may deem fit in the circumstances of the case." In W.P.No.7438/2025: "a) Issue a writ in the nature of certiorari or any other appropriate writ quashing the notification dated 04.03.2024 bearing No. PÁ¤EA(«)/a¨sÀPÁ«/¸À.PÁ.¤.EA.(«)- 2Š²/2023-24/3541-547 issued by R3 in consideration of objections dated 26.12.2024. (Annexure- D and E) in so far as petitioner concerned. b) Issue a writ in the nature of mandamus or any other appropriate writ directing the Respondents to consider the dated 26.12.2024 (Annexure-F) in so far as petitioner concerned. c) Grant any other order or direction as may deem fit in the circumstances of the case." In W.P.No.9602/2024: "a) Issue a writ in the nature of certiorari or any other appropriate writ quashing the notification dated 04.03.2024 bearing No. PÁ¤EA(«)/a¨sÀPÁ«/¸À.PÁ.¤.EA.(«)- 2Š²/2023-24/3541-547 issued by R3 in consideration of objections dated 26.12.2024. (Annexure- E and F) b) Issue a writ in the nature of mandamus or any other appropriate writ directing the Respondents to consider the dated 26.12.2024 (Annexure-F). - 7 - NC: 2025:KHC:14615 WP No. 7446 of 2025 C/W WP No. 7438 of 2025 WP No. 9602 of 2025 c) Grant any other order or direction as may deem fit in the circumstances of the case." 3. Learned counsel appearing for the petitioners would submit that the issue in the lis stands covered by the judgment rendered by this Court in W.P.No.7733/2025 and connected matters disposed on 03.04.2025, wherein it has held as follows: "The petitioners in all these cases are landowners, who are now at the doors of this Court calling in question a notification dated 04.03.2024 and have sought a consequential direction by issuance of a writ in the nature of mandamus directing the respondents to consider the objections filed before the Deputy Commissioner on 26.12.2024. 2. the Heard Senior learned counsel Sri.Vigneshwar S. Shastri, along with the learned counsel Sri.Sughindra Murthy V., appearing for the petitioner/s, the Advocate learned Sri.Mohammed Jaffar Shah, appearing for respondent Nos.1, 3 and 4 and the learned counsel Sri.H.V.Devaraju, appearing for respondent No.2. Government Additional 3. The petitioners are owners of the property whose right of way is now being taken away by the respondents for drawing up of power lines. All these petitioners are before the Deputy Commissioner for having filed the objections for consideration of their cases. It is the case of the petitioners that the petitioners are all residents of Chikkamagaluru District and a paper publication is issued in Shivamogga District and the petitioners’ lands, which are in Chikkamagaluru District are now become the subject matter of drawing up of lines and the right of way being taken away. - 8 - NC: 2025:KHC:14615 WP No. 7446 of 2025 C/W WP No. 7438 of 2025 WP No. 9602 of 2025 4. The learned counsel Sri.H.V. Devaraju would submit that all these objections are now taken before the Deputy Commissioner and Deputy Commissioner is seized of the matter. 5. In that light, I deem it appropriate to permit these petitioners to pursue the proceedings before the Deputy Commissioner by filing additional statement of objections, if necessary. It is needless to observe that the Deputy the objections/additional objections that are to be filed before him and pass necessary orders, in accordance with law. Commissioner would consider all 6. The learned Senior counsel submits that the impact on the environment due to drawing up of these the Deputy lines also should be assessed by Commissioner. It is again needless to observe that the Deputy Commissioner would after interaction or securing a report from the hands of the Forest Department would pass necessary orders, in accordance with law. 7. With the aforesaid observations, the petitions stand disposed. Till the Deputy Commissioner would decide the proceedings pending before him, no coercive steps will be taken against these petitioners qua their property. Ordered accordingly." 4. In the light of the issue standing covered by judgment rendered by this Court supra, these petitions stand disposed on the same terms. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 44/CT: BHK