Karnataka High Court
Smt. Meena W/O Ashwinkumar Shah vs The Chief Engineer And Ors on 15 February, 2022
Bench: S.R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 15TH DAY OF FEBRUARY 2022
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.205662/2014
C/W
WRIT PETITION NO.206095/2014 (GM-KEB)
IN W.P. NO.205662/2014:
BETWEEN:
1. The Chief Engineer,
KPTCL, Kaveri Bhavan, Bangalore.
(Through Exe-Engineer El,
MW Division, KPTCL,
Bijapur-586 101.
2. The Exe-Engineer EL,
M.W.Division, KPTCL,
Bagalkot Road, Bijapur-586 101.
... Petitioners
(By Sri. Ravindra Reddy, Advocate)
AND:
1. Smt. Meena
W/o Ashwinkumar Shah,
Age: 41 years, Occ: Business,
R/o Mahaveer Circle, Indi,
Dist. Bijapur-586 101.
2
2. The Asst. Exe-Engineer,
O & M Division, HESCOM,
Indi-586 101.
... Respondents
(Sri. S.V. Deshmukh, Advocate for R1;
R2 - served)
This Writ Petition is filed under Articles 226 and 227
of the Constitution of India, praying to issue a writ of
certiorari quashing order dated 19.07.2014 passed in Civil
Misc.No.40/2011 by the Court of II Additional District
Judge, Bijapur at Bijapur vide Annexure-A.
IN W.P. NO.206095/2014:
BETWEEN:
Smt. Meena W/o Ashwinkumar Shah,
Aged about 41 years, Occ: Business,
R/o Mahaveer Circle, Indi,
Dist. Bijapur-586 101.
... Petitioner
(By Sri. S.V. Deshmukh, Advocate)
AND:
1. The Chief Engineer,
KPTCL, Kaveri Bhavan, Bangalore
Notice be issued through Exe-Engineer EL,
M.W Division, KPTCL, Bijapur-586 101.
2. The Executive Engineer EL,
M.W. Division, KPTCL,
Bagalkot Road, Bijapur-586 101.
3
3. The Asst. Executive Engineer,
O & M Division, HESCOM,
Indi, Dist. Bijapur-586 101.
... Respondents
(By Sri. Ravindra Reddy, Advocate)
This Writ Petition is filed under Articles 226 and 227
of the Constitution of India, praying to issue a writ of
certiorari and quash the impugned judgment and award
dated 19.07.2014 passed in Civil Misc.No.40 of 2011 by
the II Addl. District Judge, Bijapur vide Annexure-C and
enhance the compensation as prayed for, in the interest of
justice and equity.
These petitions coming on for Preliminary Hearing in
'B' Group this day, the Court made the following:
ORDER
Both W.P.No.205662/2014 filed by the KPTCL
and W.P.No.206095/2014 filed by the claimant are
directed against the impugned judgment and award
dated 19.07.2014 passed by the II Additional District
Judge, Bijapur (for short "the Trial Court") in Civil
Misc. No.40/2011 partly allowing the claim petition
filed by the claimant for enhancement of the
compensation awarded in favour of the claimant by
the KPTCL.
2. Heard the learned counsel appearing for
KPTCL and learned counsel for the claimant and
perused the material placed on record.
3. In addition to reiterating the various
contentions urged in the petitions and referring to the
documents produced by the parties, learned counsel
for the petitioners in both petitions 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 the learned counsel
for the parties, 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) Both W.P.No.205662/2014 and
W.P.No.206095s/2014 are allowed;
(ii) The impugned judgment and award
dated 19.07.2014 passed by the
II Additional District Judge, Bijapur, in
Civil Misc. No.40/2011 is set aside and
the matter is remitted back 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) within a period of six
months from the date of receipt of a
certified copy of this order;
(iii) Liberty is reserved in favour of both
the parties 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.
Sd/-
JUDGE
LG
