IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.7644/2011 AND WRIT PETITION Nos.23534-23546/2012(GM-TEL) BETWEEN:
1 . SRI KOSAPPA NAYAK, S/O LATE GURUVA NAYAK, AGED ABOUT 84 YEARS, BAJAL KARDE MANE, BAJAL KALLPUNI, BAJAL POST, MANGALORE-574154. In wp- 7644/2011 2 . SRI. DHEERAJ, S/O RATHNAKAR NAYAK, AGED ABOUT 53 YEARS, BAJAL KARDE MANE, BAJAL KALLPUNI, BAJAL POST,MANGALORE-574154. In wp- 23534/2012 3 . SRI. SADASHIVA K. DAS, S/O LATE KORAGA DAS, AGED ABOUT 51 YEARS, KANKANADI PAKKALADKA BAJAL, MANGALORE.-574154. In wp- 23535/2012 4 . SRI. SURESH SHETTY, S/O GANAPA SHETTY, AGED ABOUT 67 YEARS, BAJAL BEEDU, SHRI NILAYA MANE, BAJAL POST, MANGALORE-574154. In wp- 23536/2012 5 . SRI. ROHAN MONTIERO, S/O SRI. G.R. MONTIERO, AGED ABOUT 39 YEARS, NO.501, CASTILE APARTMENT, OPP. CANARA CLUB,KADRI, MANGALORE-574154. In wp- 23537/2012 6 . SRI. J. SHASHIDHAR SHETTY, S/O LATE SOMAPPA SHETTY, AGED ABOUT 67 YEARS, "PANCHAM" BEEDHI MANE, JEPPINAMOGARU VILLAGE, MANGALORE TALUK, MANGALORE-574154. In wp- 23538/2012 7 . SRI. BHOJARAJA SHETTY, S/O B. RAGU SHETTY, AGED ABOUT 52 YEARS, BAJAL, KALLPUNI, BAJAL POST, MANGALORE-54. In wp- 23539/2012 8 . SRI. KIRAN DISOZA, S/O JOHN THOMAS, AGED ABOUT 54 YEARS, MOGERU HOUSE, JEPPINAMOGARU, MANGALORE-574154. In wp- 23540/2012 9 . SRI. LAVANANDA SHETTY, S/O LATE DOOMANNA SHETTY, NEELANJANA HOSAMANE, AGED ABOUT 55 YEARS, THARDULYA, JEPPINAMOGARU, MANGALORE-574154. In wp- 23541/2012 10 . SRI. SATHISH BHANDARI, S/O SHREEDHARA BHANDARI, AGED ABOUT 41 YEARS, KALLATHAWAME MANE, JEPPINAMOGARU, MANGALORE-574154. In wp- 23542/2012 11 . SMT. GEETHA, D/O SHREEDHARA BHANDARI, AGED ABOUT 39 YEARS, KALLATHAWAME MANE, JEPPINAMOGARU, MANGALORE-574154. In wp- 23543/2012 12 . SRI. SATHYAPALA, S/O SHREEDHARA BHANDARI, AGED ABOUT 50 YEARS, KALLATHAWAME MANE, JEPPINAMOGARU, MANGALORE-574154. In wp- 23544/2012 13 . KUM. LATHA, D/O SHREEDHARA BHANDARI, AGED 25 YEARS, KALLATHAWAME MANE, JEPPINAMOGARU, MANGALORE-574154. In wp- 23545/2012 14 . LADIN MONTEIRO, S/O KASHMEER MONTEIRO, AGED 36 YEARS, JEPPINAMOGARU, MANGALORE-574154. In wp- 23546/2012 ...PETITIONERS (BY SRI KIRAN J., ADVOCATE FOR SHETTY & HEGDE ASSOCIATES) AND:
1 . UNION OF INDIA THROUGH ITS SECRETARY, MINISTRY OF ENERGY SOURCE, GOVERNMENT OF INDIA, SHRAM SAKTI BHAWAN, RAFI MARG, NEW DELHI REPRESENTED BY ITS SECRETARY.
2 . THE DEPUTY COMMISSIONER & THE DISTRICT MAGISTRATE, DAKSHINA KANNADA DISTRICT, MANGALORE.
3 . THE KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, BY ITS MANAGING DIRECTOR, KAVERI BHAVAN, BANGALORE.
4 . THE EXECUTIVE ENGINEER(ELECTRICAL) MAJOR WORKS DIVISION, KPTCL, KAVOORU, MANGALORE-570015.
…RESPONDENTS (COMMON) (BY SRI UNNIKRISHNAN M., CGC FOR R1; SRI M. VINODKUMAR, AGA FOR R2;
SRI H.V. DEVARAJU, ADVOCATE FOR R3 & R4) ...
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 11.5.2010 PASSED BY THE 2ND RESPONDENT IN No.MAG(2):CR:228/2009-10 C4 IN SO FAR AS PERMITTING THE ERECTION OF TOWER Nos.21 TO 25 AND TOWER Nos.34,36 &37 AND PERMITTING THE RESPONDENTS No.3 & 4 TO DRAW HIGH TENSION ELECTRICAL SUPPLY LINES IN THE SCHEDULE (ANNEXURE-A) AND ETC.
THESE WRIT PETITIONS COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners in the above writ petitions have sought for:
i) Writ of certiorari or any other appropriate writ or order quashing the order dated 11.5.2010 passed by the 2nd respondent in No.MAG(2):CR:228/2009-10 C4 in so far as permitting respondent Nos.3 and 4 to erect tower Nos.22,23,24, 28, 34, 25 respectively and to draw high tension electrical supply lines in the lands belonging to petitioner Nos.1 to 6 at Jeppinamogaru Village (Annexure-A);
ii) Issue a writ of certiorari or any other appropriate writ or order quashing the Order dated 15.6.2010 passed by the 2nd respondent in No.MAG(2):CR:565/2009- 10 C4 in so far as permitting respondent Nos.3 and 4 to erect the town Nos. 25,26, 27, 29 to 33 respectively and to draw high tension electrical supply lines in the lands belonging to petitioner Nos.7 to 14 at Jeppinamogaru Village (Annexure-B);
iii) Issue a writ in the nature of mandamus or any other appropriate writ or order or direction declaring that Section 10(1) of the Indian Telegraph Act, 1883(13 of 1885) is unconstitutional and is violative of Articles 14 and 300A of the Constitution of India; and iv) Issue a writ in the nature of mandamus or any other appropriate writ of order or direction declaring that the action of respondent Nos.3 and 4 in trespassing into the schedule property and laying marks for construction of electrical supply lines as highly arbitrary, illegal and contrary to the Sub-Rule (2) of Rule 3 of Work of Licensee Rules, 2006 and violative of Article 300 A of the Constitution of India.
2. Sri D.V. Devaraju, learned Counsel for respondent Nos.3 and 4 on instructions submits that the erection of Tower Nos.22 to 32, 34 and 35 to draw high tension electrical supply lines in the lands belonging to petitioners at Jeppinamogaru village have already been completed and only in respect of Town No.33, the scaffolding work is under progress and hence, the tower is not yet been erected. The said submission is not disputed by the learned Counsel for the petitioner.
3. The learned Counsel for respondent Nos.3 and 4 further submits that in case respondent Nos.3 and 4 try to erect any new towers in the lands of the petitioners’, liberty may be reserved to the petitioners to approach either the competent authority or before this Court. The said submission is placed on record.
4.In view of the subsequent development and submissions made by the learned Counsel for the parties, prayers sought in the present writ petitions do not survive for consideration.
5. Accordingly, writ petitions are disposed off with liberty as prayed for.
Sd/- Judge Nsu/-