IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF AUGUST, 2019 BEFORE:
THE HON’BLE MR. JUSTICE B.VEERAPPA WRIT PETITION No.21804/2015 (GM – RES) BETWEEN:
M.T.PRASANNA KUMAR S/O THIMME GOWDA AGED ABOUT 35 YEARS R/AT MATTAVARA VILLAGE MUGTHIHALLI POST CHIKKAMAGALURU DISTRICT-577101. …PETITIONER (BY SRI VINOD GOWDA, ADV.) AND:
1. THE DEPUTY COMMISSIONER CHIKKAMAGALURU TALUK CHIKKAMAGALURU DISTRICT-577101.
2. EXECUTIVE ENGINEER [ELECTRICAL] K.P.T.C.L, BRUTH WORK DIVISION M.R.S COMPLEX, B.H. ROAD SHIVAMOGGA-577101 [REP. BY SRI.K.SHIVAKUMAR EXECUTIVE ENGINEER] 3. SRI VIJAYA KUMAR S/O KRISHNE GOWDA R/AT HOSSAMANE BADAVANE KOTE, CHIKKMAGALURU-577101. …RESPONDENTS (BY Ms. NILOUFER AKBAR, AGA. FOR R-1; SRI H.V.DEVARAJU, ADV. FOR R-2;
V/O DATED 16.07.2019, NOTICE TO R-3 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE RESPONDENT NO.1 IN VIDE DATED 17.07.2014 AND IMPUGNED ORDER OF ANNEXURE-J; INSTRUCT THE RESPONDENT NO.2 NOT TO CARRY ANY WORK ON THE LAND BELONGED TO THE PETITIONER.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has filed the present writ petition for a writ of certiorari quashing the order dated 17.04.2014 made in No.J1: MAG: 02/2013-14 by the first respondent at Annexure-J and to direct the respondent No.2 not to carry any work on the land belonging to the petitioner.
2. During the pendency of the present writ petition, the petitioner seems to have made representation on 17.06.2019 requesting the authorities to erect narrow based tower [NBT] on the edge of the land of the petitioner.
3. In view of the same, the respondent No.2 filed application I.A-1/2019 accompanying the affidavit by the Assistant Executive Engineer [Ele], Karnataka Power Transmission Corporation Limited for disposal of the writ petition stating that the petitioner claiming to be the purchaser of the land to an extent of 3.8 guntas in Sy.No.38/3 under a registered sale deed dated 11.04.2014 from the respondent No.3, even during the pendency of the proceedings before the respondent No.1. During the pendency of the present writ petition, the petitioner made representation dated 17.06.2019 that he has no objections to erect the narrow based tower [NBT] in the corner of the land of the petitioner i.e., 2.07 meters BW Legs/Back to Back. Therefore, he submits that the same will be considered and the writ petition may be disposed of.
4. Sri.Vinod Gowda, learned counsel for the petitioner has not disputed the said facts.
5. In view of the aforesaid reasons, the impugned order passed by the Deputy Commissioner dated 17.07.2014 is hereby modified and the respondent No.2 shall consider the representation of the petitioner stated supra.
6. In view of the above, writ petition is disposed off directing the second respondent to consider the representation of the petitioner dated 17.06.2019 to erect the narrow based tower [NBT] 2.07 meters BW Legs/back to back and pass appropriate orders within a period of eight weeks.
7. It is needless to observe that it is always left open for the petitioner to claim compensation/damages in accordance with law.
Sd/- JUDGE NC.