IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NO.44703/2017 (GM-KEB) BETWEEN:
SRI.B.KAREEM SAB S/O.LATE BUDAN SAB AGED ABOUT 78 YEARS R/O.KARUVINAKATTE CIRCLE CHITRADURGA-577 501 KARNATAKA. … PETITIONER (BY SRI.JAGADEESH D.C., ADV.) AND:
1. THE DEPUTY COMMISSIONER & DISTRICT MAGISTRATE CHITRADURGA DISTRICT CHITRADURGA- 577 501 2. THE EXECUTIVE ENGINEER KPTCL CONSTRUCTION DIVISION J.C.R. LAYOUT CHITRADURGA-577 501 3. THE GENERAL MANAGER POWER GRID CORPORATION OF INDIA LTD., (A GOVT. OF INDIA ENTERPRISE) HOUSE NO.05, TIRUMAL NILAYA NEAR SWAMY VIVEKANANDA COLLEGE VIJAYANAGARA LAYOUT PAVAGADA-561 202 TUMKUR. ... RESPONDENTS (BY SRI N.G.VIJAY KUMAR, M/S.ADITI LAW ASSOCIATES, FOR R-2 (NOC) SRI.JOSHNA H.SAMUEL, ADV. FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PAY COMPENSATION FOR UTILIZING THE LAND OF THE PETITIONER BEARING SY.NO.8 & 9 SITUATED AT KHANDENAHALLI, DHARMAPURA HOBLI, HIRIYUR TALUK, CHITRADURGA DISTRICT AND ALSO EXGRATIA AMOUNT AND COMPENSATION TOWARDS DAMAGES OF CROPS AND TREES FOR ERECTION OF D.D. TYPE TOWERS (40 MTRS. CORRIDOR) FOR TRANSMISSION OF 400 KV D/C PAWAGADA POOLING STATION HIRIYUR POWER LINE, FORTHWITH BY CONSIDERING THE REPRESENTATIONS OF THE PETITIONER VIDE ANNEXURE-D & E, DTD: 09.06.2017, 29.07.2017 RESPECTIVELY AND ETC.
THIS PETITION IS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In the instant petition, petitioner has sought for the following reliefs:
(1) Issue a writ or order or direction in the nature of mandamus directing the Respondents to pay compensation for utilizing the land of the Petitioner bearing Sy.No.8 & 9, situated at Khandenahalli, Dharmapura Hobli, Hiriyur Taluk, Chitradurga District and also exgratia ;amount and compensation towards damages of crops and trees for erection of D.D. Type towers (40 Mtrs. Corridor) for transmission of 400 KV D/C Pawagada Pooling Station – Hiriyur Power Line, forthwith by considering the representations of the Petitioner vide Annexures – D & E dt.09-06-2017, 29-07- 2017 respectively.
(2) Pass any other suitable order or direction as this court deems fit to pass in the facts and circumstances of the case, in the interest of justice and equity.
2. Learned counsel for the respondents on instructions submit that there is a dispute relating to ownership of survey nos. 8 & 9 stated in the prayer among petitioner and his brother and it is pending consideration on the file of the Sr. Civil Judge, Hiriyur in O.S.5/2017. Petitioner herein is also arrayed as defendant in the aforesaid suit. In this background, the authorities have deposited determined compensation amount in the Court.
3. In view of these facts and circumstances, petitioner has not made out legal and statutory right to seek for writ of mandamus. Accordingly, writ petition stands dismissed reserving liberty to the petitioner to claim his right in O.S.5/2017. If there is any dispute in respect of deposited compensation amount among owners, petitioners and others if any, petitioner is at liberty to make necessary application before the competent authority.
Sd/-
JUDGE Brn