IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.13931/2019 (GM – KEB) BETWEEN:
SRI RAVINDRA @ K.C.RAVIKUMAR S/O K.M.CHANNAPPA GOWDA AGED ABOUT 54 YEARS R/AT KUKKE VILLAGE MANDAGADDE HOBLI THIRTHAHALLI TALUK SHIVAMOGA DISTRICT-577 432 ... PETITIONER [BY SRI RAHUL S. REDDY, ADV.] AND:
1. THE STATE OF KARNATAKA REP BY ITS SECRETARY POWER DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001 2. THE DEPUTY COMMISSIONER SHIVAMOGA DISTRICT SHIVAMOGA-577 201 3. THE MANAGING DIRECTOR K.P.T.C.L., KAVERI BHAVANA K.G. ROAD, BENGALURU-560 009 4. THE SUPERINTENDING ENGINEER (ELEC.) TRANSMISSION (W AND M )CIRCLE K.P.T.C.L., SHANTHA MANSON BUILDING SHIVAMOGA-577 201 5. THE EXECUTIVE ENGINEER ( ELEC) (WORKS AND MAINTENANCE) K.P.T.C.L., HARANAHALLI MANJAPPA COMPLEX PARK EXTENSION SHIVAMOGA-577 201 …RESPONDENTS [BY SMT.M.JYOTHI, AGA FOR R-1 & R-2; SRI H.V.DEVARAJU, ADV. FOR R-3 TO R-5.] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 14.03.2019 PASSED BY THE R-2 VIDE ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has assailed the order dated 14.03.2019 passed by respondent No.2 under Section 17(2) of the Indian Telegraph Act, 1885 (‘Act’ for short).
2. Placing reliance on the order of this Court in W.P.No.56283/2017, the learned Senior counsel for the petitioner had submitted that the determined compensation if paid by the respondent, the petitioner would be at liberty to seek for enhancement of compensation under the provisions of the Act. The same has been recorded by this Court in the order dated 26.06.2019.
3. Learned counsel for respondent Nos.3 to 5 has handed over the Demand Draft of Rs.2,47,656/- (Rupees Two Lakh Forty Seven Thousand Six Hundred and Fifty Six only) to the petitioner today and the same has been acknowledged by the learned counsel for the petitioner without prejudice to the contentions relating to the quantum of compensation to be raised in an appropriate proceedings.
4. In that view of the matter, the only issue that requires to be determined whether appropriate compensation has been paid by the respondents towards the transmission line laid over the land of the petitioner could be adjudicated before the Learned District Judge in terms of Section 16(3) of the Indian Telegraph Act, 1885.
Hence, the writ petition stands disposed of, with liberty to the petitioner to file an appropriate petition/proceedings before the District Judge within whose jurisdiction the land is situated.
All rights and contentions of the parties are left open.
Sd/- JUDGE PMR