D S Umamaheshwar vs Executive Engineer
2021 Latest Caselaw 6847 Kant

Citation : 2021 Latest Caselaw 6847 Kant
Judgement Date : 20 December, 2021

Karnataka High Court

D S Umamaheshwar vs Executive Engineer on 20 December, 2021

Bench: S.R.Krishna Kumar

                          1




     IN THE HIGH COURT OF KARNATAKA, BENGALURU

      DATED THIS THE 20TH DAY OF DECEMBER, 2021

                       BEFORE

     THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR

       WRIT PETITION No.46545 OF 2019 (GM-KEB)
BETWEEN:

D.S. UMAMAHESHWAR
AGED ABOUT 54 YEARS,
S/O. D.S. SIDDAPPA,
R/O DODDAGATTA VILLAGE,
HIRIYURU TALUK,
CHITRADURGA DIST. - 572 101.
                                       ...PETITIONER
(BY SRI. V.F. KUMBAR, ADVOCATE)

AND:

1.      EXECUTIVE ENGINEER,
        MAJOR WORKS DIVISION,
        KPTCL, KOTHITHOPU ROAD,
        OLD ZILLA PANCHAYATH OFFICE,
        TUMKUR - 572 101.

2.    ASSISTANT EXECUTIVE ENGINEER,
      MAJOR WORKS DIVISION,
      KPTCL, KOTHITHOPU ROAD,
      OLD ZILLA PANCHAYATH OFFICE,
      TUMKUR - 572 101.
                                    ...RESPONDENTS
(BY SRI. VIKRAM UNNI RAJAGOPAL, ADVOCATE)

      THIS W.P. IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED AWARD VIDE ANNEXURE - C DATED 29.11.2016
PASSED BY 1ST ADDL. DISTRICT AND SESSIONS JUDGE,
CHITRADURGA, IN CIV.MISC.NO.203/2015 MODIFYING THE
AWARD AMOUNT TO THE EXTENT CLAIMED IN THE CLAIM
PETITION BY THE PETITIONER AND ETC.
                                2




    THIS W.P. COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:-

                          ORDER

This petition is filed against the impugned

judgment and award dated 29.11.2016 passed by

the I Additional Sessions Judge, Chitradurga (for

short "the Trial Court") in Misc. No.203/2015 partly

allowing the claim petition filed by the petitioner-

claimant herein for enhancement of the

compensation awarded in favour of the petitioner

by the respondents-KPTCL.

2. Heard the learned counsel appearing for

the petitioner and learned counsel for the

respondents and perused the material placed on

record.

3. In addition to reiterating the various

contentions urged in the petition and referring to

the documents produced by the petitioner, learned

counsel for the petitioner contends that this Court

in the case of The Executive Engineer

(Electrical) V/s. H.K. Ganganna

(W.P.No.45867/2019 disposed of on

16.11.2021) has held as under:

"This petition is filed against the impugned judgment and award dated 30.11.2018 passed by the Trial Court in Civil Misc. No.10023/2015 allowing the claim petition filed by the respondent-claimant herein for enhancement of the compensation awarded in favour of the respondent by the petitioners-KPTCL.

2. Heard the learned counsel appearing for the petitioners and perused the material placed on record.

3. Inspite of service of notice to the respondent-claimant, he has chosen to remain unrepresented and not contested the petition.

4. In addition to reiterating the various contentions urged in the petition and referring to the documents produced by the petitioners as well as the material placed on record, the learned counsel for the petitioners submits that a perusal of the impugned judgment and award will indicate that the

said judgment and award is contrary to the decision of this Court in the case of the EXECUTIVE ENGINEER, KPTCL AND ANOTHER VS. DODDAKKA reported in ILR 2015 KAR 677 which is followed in the subsequent decisions by the Division Bench of this Court in the case of KARNATAKA POWER TRANSMISSION CORPORATION LIMITED AND OTHERS vs P.LAKKAPPA SWAMY in Writ Appeal Nos.2883-2884/2014 dated 15.03.2019 and in the case of SUPERINTENDENT ENGINEER AND OTHERS vs LAKSHMAIAH DEAD IS LRS in Writ Petition No.49381/2016 dated 29.05.2019. It is therefore submitted that the impugned judgment and award allowing the claim of the respondent and awarding exorbitant compensation is illegal and the same deserves to be quashed.

5. After considering the submissions of the learned counsel for the petitioners and upon perusal of the material placed on record, it is clear that the Trial Court has not properly appreciated the pleadings and evidence of the parties apart from not considering the decision of this Court in DODDAKKA'S case and subsequent decisions referred to supra.

6. Under these circumstances, without expressing any opinion on the merits/demerits on the rival contentions, I deem it just and proper to set aside the impugned judgment and award passed by the Trial Court and remit the matter to the Trial Court for reconsideration afresh in accordance with law bearing in mind the decision of this Court in DODDAKKA'S case and subsequent decisions referred to supra by giving one more opportunity to the parties to put forth all their contentions before the Trial Court including adducing additional oral and documentary evidence in support of their respective contentions.

        7.           In    the    result,    I    pass     the
following:
                                 ORDER
        (i)          The petition is allowed;
        (ii)         The impugned judgment and
                     award        dated          30.11.2018
                     passed by the V Additional

District and Sessions Judge, Tiptur in Civil Misc.

No.10023/2015 is set aside and the matter is remitted to the Trial Court for reconsideration afresh in

accordance with law bearing in mind the decision of this Court in the case of DODDAKKA and subsequent decisions referred to supra;

(iii) Liberty is reserved in favour of the petitioners as well as the respondent to adduce additional oral and documentary evidence in support of their respective contentions;

(iv) All rival contentions on merits are kept open and no opinion is expressed on the same."

4. As rightly contended by learned counsel

for the petitioner, the issue in controversy is

squarely covered by the aforesaid order passed in

W.P.No.45867/2019 disposed of on

16.11.2021.

5. Accordingly, I proceed to pass the

following:

ORDER

(i) The petition is allowed;

(ii) The impugned judgment and award dated 29.11.2016 passed by the I Additional District and Sessions Judge, Chitradurga in Misc. No.203/2015 is set aside and the matter is remitted to the Trial Court for reconsideration afresh in accordance with law bearing in mind the decision of this Court in the case of DODDAKKA and subsequent decisions referred to supra in W.P.No.45867/2019 DD:16.11.2021);

(iii) Liberty is reserved in favour of the petitioner as well as the respondents to adduce additional oral and documentary evidence in support of their respective contentions;