Karnataka High Court
The Executive Engineer vs Gangappa Masanuru S/O Anjinappa on 17 November, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2025:KHC-D:15762
WP No. 106405 of 2024
AND CONNECTED MATTERS
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 17TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 106405 OF 2024
C/W
WRIT PETITION NOS. 105356 OF 2024 ,105483 OF 2024,
106406 OF 2024 ,106408 OF 2024 ,106515 OF 2024 ,
106521 OF 2024 ,103240 OF 2025 ,103241 OF 2025 ,
103242 OF 2025 ,103415 OF 2025 ,103418 OF 2025 ,
103444 OF 2025 ,103461 OF 2025 ,103506 OF 2025 ,
103645 OF 2025 ,103647 OF 2025 ,104103 OF 2025 ,
104104 OF 2025 ,104140 OF 2025 ,104246 OF 2025 ,
105196 OF 2025 ,105359 OF 2025 ,105409 OF 2025 ,
105412 OF 2025 ,105413 OF 2025
IN W.P.NO.106405/2024:
BETWEEN:
THE EXECUTIVE ENGINEER (ELE),
KARNATAKA POWER TRANSMISSION
CORPORATION LTD., MAJOR WORKS DIVISION,
1ST FLOOR, OPPOSITE TO STADIUM,
HADADI ROAD, DAVANAGERE DISTRICT - 577 001.
...PETITIONER
(BY SRI. B. S. KAMATE, ADVOCATE)
Digitally signed by
RAKESH S AND:
HARIHAR
Location: High
Court of Karnataka, K. S. SUKUMAR @ SUKUMAR S/O. K. S. MRUTYNUJAYA
Dharwad Bench, @ MRUTYNUJAYAPPA DVG,
Dharwad
AGE. 64 YEARS, OCC. AGRICULTURIST,
R/O. KANCHIKERE VILLAGE,
HARAPANAHALLI TQ-583131 DAVANAGERE DIST.
NOW VIJAYANAGARA DISTRICT.
...RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR
DIRECTION, QUASHING THE IMPUGNED ORDER DATED 06.04.2024
PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI,
(SITTING AT HOSAPETE) IN MISC. PETITION NO.5369/2023 AT
-2-
NC: 2025:KHC-D:15762
WP No. 106405 of 2024
AND CONNECTED MATTERS
HC-KAR
ANNEXURE-H AND TO DISMISS THE MISC. PETITION NO.5369/2023
AND ETC.,
IN W.P.NO.105356/2024:
BETWEEN:
THE EXECUTIVE ENGINEER,
KARNATAKA POWER TRANSMISSION
CORPORATION LTD, MAJOR WORKS DIVISION
3RD CROSS, JCR EXTENSION, CHITRADURGA,
DIST. CHITRADURGA - 577 501.
...PETITIONER
(BY SRI. B. S. KAMATE, ADVOCATE)
AND:
GANGAMMA W/O. JATINGAPPA,
AGE. 76 YEARS, OCC. AGRI.,
R/O VITALAPURA VILLAGE,
TQ. SANDUR, DIST. BALLARI - 583 101.
...RESPONDENT
(RESPONDENT SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR
DIRECTION, QUASHING THE IMPUGNED ORDER AND AWARD DATED.
12.03.2024 PASSED BY THE II ADDL. DIST AND SESSION JUDGE,
BALLARI IN MISC. PETITION NO. 42/2023 AT ANNEXURE-J AND TO
DISMISS THE MISC. PETITION NO. 42/2023 AND ETC.,
IN W.P.NO.105483/2024:
BETWEEN:
THE EXECUTIVE ENGINEER,
KARNATAKA POWER TRANSMISSION
CORPORATION LTD, MAJOR WORKS DIVISION,
3RD CROSS, JCR EXTENSION, CHITRADURGA,
DIST. CHITRADURGA - 577 501.
...PETITIONER
(BY SRI. B. S. KAMATE, ADVOCATE)
AND:
-3-
NC: 2025:KHC-D:15762
WP No. 106405 of 2024
AND CONNECTED MATTERS
HC-KAR
GANGAPPA MASANURU S/O. ANJINAPPA,
AGE. 64 YEARS, OCC. AGRI.,
R/O . VITTALAPURA VILLAGE,
TQ. SANDUR, DIST. BALLARI - 583 101.
...RESPONDENT
(RESPONDENT SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR
DIRECTION, QUASHING THE IMPUGNED ORDER AND AWARD DATED
12/03/2024 PASSED BY THE II ADDL. DIST AND SESSION JUDGE,
BALLARI IN MISC.PETITION NO.47/2023 AT ANNEXURE-J AND TO
DISMISS THE MISC.PETITION NO.47/2023 AND ETC.,
IN W.P.NO.106406/2024:
BETWEEN:
THE EXECUTIVE ENGINEER (ELE).,
KARNATAKA POWER TRANSMISSION
CORPORATION LTD., MAJOR WORKS DIVISION,
1ST FLOOR, OPPOSITE TO STADIUM,
HADADI ROAD, DAVANAGERE DISTRICT - 577 001.
...PETITIONER
(BY SRI. B. S. KAMATE, ADVOCATE)
AND:
SMT. S. B. RENUKAMMA
D/O. BASAVARAJAPPA W/O. LATE S B HANUMANTHAPPA,
AGE. 52 YEARS, OCC. AGRICULTURIST,
R/O. TELIGI VILLAGE, HARAPANAHALLI TQ - 583 131,
DAVANAGERE DIST.
NOW VIJAYANAGARA DISTRICT.
...RESPONDENT
(RESPONDENT SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR
DIRECTION, QUASHING THE IMPUGNED ORDER DATED 06.04.2024
PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI,
(SITTING AT HOSAPETE) IN MISC.PETITION NO.5384/2023 AT
ANNEXURE-G AND TO DISMISS THE MISC. PETITION NO.5384/2023
AND ETC.,
-4-
NC: 2025:KHC-D:15762
WP No. 106405 of 2024
AND CONNECTED MATTERS
HC-KAR
IN W.P.NO.106408/2024:
BETWEEN:
THE EXECUTIVE ENGINEER (ELE).,
KARNATAKA POWER TRANSMISSION
CORPORATION LTD., MAJOR WORKS DIVISION,
1ST FLOOR, OPPOSITE TO STADIUM,
HADADI ROAD, DAVANAGERE DISTRICT - 577 001.
...PETITIONER
(BY SRI. B. S. KAMATE, ADVOCATE)
AND:
SMT. KOSHTAVARA NAGAMMA @ NAGAMMA
D/O. SANNANINGAPAP W/O. NAGAPPA,
AGE. 72 YEARS, OCC. AGRICULTURIST,
R/O. CHIRASTAHALLI VILLAGE,
HARAPANAHALLI TQ-583131
DAVANAGERE DIST.
NOW VIJAYANAGARA DISTRICT.
...RESPONDENT
(RESPONDENT SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR
DIRECTION, QUASHING THE IMPUGNED ORDER DATED 06.04.2024
PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI,
(SITTING AT HOSAPETE) IN MISC.PETITION NO.5163/2023 AT
ANNEXURE-G AND TO DISMISS THE MISC. PETITION NO.5163/2023.
IN W.P.NO.106515/2024:
BETWEEN:
THE EXECUTIVE ENGINEER (ELE),
KARNATAKA POWER TRANSMISSION
CORPORATION LTD.,
MAJOR WORKS DIVISION,
1ST FLOOR, OPPOSITE TO STADIUM,
HADADI ROAD,
DAVANAGERE DISTRICT - 577 001.
...PETITIONER
(BY SRI. B. S. KAMATE, ADVOCATE)
-5-
NC: 2025:KHC-D:15762
WP No. 106405 of 2024
AND CONNECTED MATTERS
HC-KAR
AND:
P. YOGEESH @ YOGESHWARAPPA
S/O. P. NAGAPPA @ NAGAPPA,
AGE. 56 YEARS, OCC. AGRICULTURIST,
R/O.WARD NO.9 HUVINAHADAGALI
TOWN-583131 BALLARI DIST.
NOW VIJAYANAGARA DISTRICT.
...RESPONDENT
(RESPONDENT SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR
DIRECTION, QUASHING THE IMPUGNED ORDER DATED 06.04.2024
PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI,
(SITTING AT HOSAPETE) IN MISC.PETITION NO.5382/2023 AT
ANNEXURE-H AND TO DISMISS THE MISC. PETITION NO.5382/2023
AND ETC.,
IN W.P.NO.106521/2024:
BETWEEN:
THE EXECUTIVE ENGINEER,
KARNATAKA POWER TRANSMISSION CORPORATION LTD.,
MAJOR WORKS DIVISION, 1ST FLOOR,
OPPOSITE TO STADIUM, HADADI ROAD - 577 525,
THEN DAVANAGERE DISTRICT,
NOW VIJAYANAGARA DISTRICT.
...PETITIONER
(BY SRI. B. S. KAMATE, ADVOCATE)
AND:
SHRI. SHADAKAPPE P.K. @ K SHADAKSHARAPPA
S/O. NAGAPPA, SINCE DECEASED BY HIS LRS
1. SMT. SIDDAMMA W/O. LATE SHADAKAPPE P.K.,
AGED ABOUT 63 YEARS, OCC. AGRICULTURIST,
R/O: PUNABHAGATTA VILLAGE,
HARAPANAHALLI TQ - 583 131,
VIJAYANGARA DISTRICT.
2. SMT. VEENA K.S. D/O. LATE SHADAKAPPE P.K.,
-6-
NC: 2025:KHC-D:15762
WP No. 106405 of 2024
AND CONNECTED MATTERS
HC-KAR
AGED ABOUT 33 YEARS, OCC: AGRICULTURIST,
R/O: PUNABHAGATTA VILLAGE,
HARAPANAHALLI TQ - 583 131,
VIJAYANGARA DISTRICT.
3. SMT. VASANTHA P.K. D/O. LATE SHADAKAPPE P.K.,
AGED ABOUT 37 YEARS, OCC: AGRICULTURIST,
R/O: PUNABHAGATTA VILLAGE,
HARAPANAHALLI TQ 583131,
VIJAYANGARA DISTRICT.
4. SHRI. SATHISH K.S. S/O. LATE SHADAKAPPE P.K.,
AGED ABOUT 30 YEARS, OCC: AGRICULTURIST,
R/O: PUNABHAGATTA VILLAGE.
HARAPANAHALLI TQ 583131.
VIJAYANGARA DISTRICT.
...RESPONDENTS
(RESPONDENT SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR
DIRECTION, QUASHING THE IMPUGNED ORDER DATED 16.03.2024
PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI,
(SITTING AT HOSAPETE) IN MISC. PETITION NO.5386/2020 AT
ANNEXURE-H AND TO DISMISS THE MISC. PETITION NO.5386/2023
AND ETC.,
IN W.P.NO.103240/2025:
BETWEEN:
THE EXECUTIVE ENGINEER (ELE),
KARNATAKA POWER TRANSMISSION
CORPORATION LTD.,
MAJOR WORKS DIVISION, OPPOSITE TO STADIUM,
HADADI ROAD, DAVANAGERE-577 002,
NOW DISTRICT VIJAYANAGARA.
...PETITIONER
(BY SRI. B. S. KAMATE, ADVOCATE)
AND:
BHEEMAPPA H S/O. BASAVARAJAPPA H.,
AGE. 39 YEARS, OCC. AGRICULTURIST,
R/O.MACHIHALLI, TQ. HARAPANAHALLI,
-7-
NC: 2025:KHC-D:15762
WP No. 106405 of 2024
AND CONNECTED MATTERS
HC-KAR
DIST. DAVANAGERE - 577 002,
NOW DISTRICT.VIJAYANAGARA.
...RESPONDENT
(RESPONDENT SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR
DIRECTION, QUASHING THE IMPUGNED ORDER DATED 16.03.2024
PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI
(SITTING AT HOSAPETE) IN MISC. PETITION NO.5257/2023 AT
ANNEXURE-H AND TO DISMISS THE MISC. PETITION NO.5257/2023
AND ETC.,
IN W.P.NO.103241/2025:
BETWEEN:
THE EXECUTIVE ENGINEER (ELE),
KARNATAKA POWER TRANSMISSION
CORPORATION LTD., MAJOR WORKS DIVISION,
OPPOSITE TO STADIUM. HADADI ROAD,
DAVANAGERE-577002,
NOW DISTRICT VIJAYANAGARA.
...PETITIONER
(BY SRI. B. S. KAMATE, ADVOCATE)
AND:
SMT. SOPPINA PRAMEELAVVA W/O. CHANDRAPPA,
AGE. 65 YEARS, OCC. AGRICULTURIST,
R/O. BAIRAPURA VILLAGE,
TQ. HARAPANAHALLI,
DIST. DAVANAGERE - 577 002,
NOW DISTRICT VIJAYANAGARA.
...RESPONDENT
(RESPONDENT SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI OF ANY OTHER WRIT OR ORDER OR
DIRECTION, QUASHING THE IMPUGNED ORDER DATED 16.03.2024
PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE,
BALLARI, (SITTING AT HOSAPETE) IN MISC. PETITION NO. 5393/2020
AT ANNEXURE H AND TO DISMISS THE MISC. PETITION NO.
5393/2020 AND ETC.,
-8-
NC: 2025:KHC-D:15762
WP No. 106405 of 2024
AND CONNECTED MATTERS
HC-KAR
IN W.P.NO.103242/2025:
BETWEEN:
THE EXECUTIVE ENGINEER (ELE),
KARNATAKA POWER TRANSMISSION
CORPORATION LTD., MAJOR WORKS DIVISION,
OPPOSITE TO STADIUM, HADADI ROAD,
DAVANAGERE-577002,
NOW DISTRICT VIJAYANAGARA.
...PETITIONER
(BY SRI. B. S. KAMATE, ADVOCATE)
AND:
SMT. LALITHAMMA W/O. PARASHURAMAPPA,
AGE. 65 YEARS, OCC. AGRICULTURIST,
R/O. DUGGAVATTI VILLAGE,
TQ. HARAPANAHALLI,
DIST. DAVANAGERE - 577 002,
NOW DISTRICT. VIJAYANAGARA.
...RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO A ISSUE WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR
DIRECTION, QUASHING THE IMPUGNED ORDER DATED 16.03.2024
PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI
(SITTING AT HOSAPETE) IN MISC. PETITION NO.5391/2020 AT
ANNEXURE-H AND TO DISMISS THE MISC. PETITION NO.5391/2020
AND ETC.,
IN W.P.NO.103415/2025:
BETWEEN:
THE EXECUTIVE ENGINEER (ELE).,
KARNATAKA POWER TRANSMISSION
CORPORATION LTD.,
MAJOR WORKS DIVISION,
OPPOSITE TO STADIUM, HADADI ROAD,
DAVANAGERE - 577 002,
NOW DISTRICT VIJAYANAGARA.
...PETITIONER
(BY SRI. B. S. KAMATE, ADVOCATE)
AND:
-9-
NC: 2025:KHC-D:15762
WP No. 106405 of 2024
AND CONNECTED MATTERS
HC-KAR
HALESHA S/O. CHANDRASHEKHARAPPA,
AGE. 55 YEARS, OCC. AGRICULTURIST,
R/O. KANCHIKERI VILLAGE, TQ. HARAPANAHALLI,
DIST. DAVANAGERE - 577 002,
NOW DISTRICT. VIJAYANAGARA.
...RESPONDENT
(RESPONDENT SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR
DIRECTION, QUASHING THE IMPUGNED ORDER AND AWARD DATED
16.03.2024 PASSED BY THE III ADDL. DISTRICT AND SESSIONS
JUDGE, BALLARI, (SITTING AT HOSAPETE) IN MISC. PETITION
NO.5018/2020 AT ANNEXURE-H AND TO DISMISS THE MISC.
PETITION NO.5018/2020 AND ETC.,
IN W.P.NO.103418/2025:
BETWEEN:
THE EXECUTIVE ENGINEER,
KARNATAKA POWER TRANSMISSION
CORPORATION LTD., HADADI ROAD,
OPP. STADIUM, DAVANGERE - 577 002.
NOW DIST: VIJAYANAGAR.
...PETITIONER
(BY SRI. B. S. KAMATE, ADVOCATE)
AND:
SOPPINA TIRUPATHEPPA S/O. HANUMANTHAPPA,
AGE. 50 YEARS, OCC. AGRICULTURE,
R/O. BHYRAPURA VILLAGE,
TQ. HARAPANAHALLI - 583 131,
DIST. DAVANAGERE,
NOW DIST. VIJAYANAGAR.
...RESPONDENT
(RESPONDENT SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR
DIRECTION, QUASHING THE IMPUGNED ORDER AND THE AWARD
DATED 31/05/2023 PASSED BY THE III ADDL. DIST AND SESSION
- 10 -
NC: 2025:KHC-D:15762
WP No. 106405 of 2024
AND CONNECTED MATTERS
HC-KAR
JUDGE, BALLARI (SITTING AT HOSPETE) IN MISC. NO.5418/2020
PRODUCED AT ANNEXURE-G AND ETC.,
IN W.P.NO.103444/2025:
BETWEEN:
THE EXECUTIVE ENGINEER (ELE),
KARNATAKA POWER TRANSMISSION
CORPORATION LTD., MAJOR WORKS DIVISION,
OPPOSITE TO STADIUM. HADADI ROAD,
DAVANAGERE - 577 002,
NOW DISTRICT VIJAYANAGARA.
...PETITIONER
(BY SRI. B. S. KAMATE, ADVOCATE)
AND:
KOTYAPPA S/O. RAMAPPA,
AGE. 58 YEARS, OCC. AGRICULTURIST,
R/O. BHAIRAPURA VILLAGE,
TQ. HARAPANAHALLI,
DIST. DAVANAGERE - 577 002,
NOW DISTRICT.VIJAYANAGARA.
...RESPONDENT
(RESPONDENT SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR
DIRECTION, QUASHING THE IMPUGNED ORDER DATED 16.03.2024
PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI,
(SITTING AT HOSAPETE) IN MISC. PETITION NO. 5445/2020 AT
ANNEXURE-H AND TO DISMISS THE MISC. PETITION NO. 5445/2020
AND ETC.,
IN W.P.NO.103461/2025:
BETWEEN:
THE EXECUTIVE ENGINEER (ELE),
KARNATAKA POWER TRANSMISSION
CORPORATION LTD.,
MAJOR WORKS DIVISION,
HADADI ROAD,
OPPOSTIE TO STADIUM,
DISTRICT DAVANAGERE - 577 002,
- 11 -
NC: 2025:KHC-D:15762
WP No. 106405 of 2024
AND CONNECTED MATTERS
HC-KAR
NOW DISTRICT. VIJAYANAGARA..
...PETITIONER
(BY SRI. B. S. KAMATE, ADVOCATE)
AND:
HANUMANTHAPPA KADATI S/O. THIMMAPPA KADALE,
AGE. 77 YEARS, AGRICULTURIST,
R/O.NEELAGUNDA VILLAGE, TQ. HARAPANAHALLI,
DISTRICT DAVANAGERE - 577 002,
NOW DISTRICT. VIJAYANAGARA.
...RESPONDENT
(RESPONDENT SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR
DIRECTION, QUASHING THE IMPUGNED ORDER DATED 16.03.2024
PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI,
(SITTING AT HOSAPETE) IN MISC. PETITION NO. 5111/2020 AT
ANNEXURE-H AND TO DISMISS THE MISC. PETITION NO. 5111/2020
AND ETC.,
IN W.P.NO.103506/2025:
BETWEEN:
THE EXECUTIVE ENGINEER ELE,
KARNATAKA POWER TRANSMISSION CORPORATION LTD.,
MAJOR WORKS OPPOSITE TO STADIUM,
DAVANAGERE 577002,
NOW DISTRICT. VIJAYANAGARA.
...PETITIONER
(BY SRI. B. S. KAMATE, ADVOCATE)
AND:
K. S. UMAPATHI S/O. K. S. SIDLINGAPPA,
AGED ABOUT 88 YEARS, OCC. AGRICULTURIST,
R/O. NEAR BASAVESHWARA TEMPLE,
KANCHIKERI VILALGE, TQ. HARAPANAHALLI,
DIST. DAVANAGERE 577 002,
NOW DISTRICT VIJAYANAGARA.
...RESPONDENT
(RESPONDENT SERVED)
- 12 -
NC: 2025:KHC-D:15762
WP No. 106405 of 2024
AND CONNECTED MATTERS
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR
DIRECTION, QUASHING THE IMPUGNED ORDER DATED 16.03.2024
PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI,
(SITTING AT HOSAPETE) IN MISC.PETITION NO.5467/2020 AT
ANNEXURE-H AND TO DISMISS THE MISC.PETITION NO.5467/2020
AND ETC.,
IN W.P.NO.103645/2025:
BETWEEN:
THE EXECUTIVE ENGINEER (ELE),
KARNATAKA POWER TRANSMISSION
CORPORATION LTD., MAJOR WORKS DIVISION,
OPPOSITE TO STADIUM, HADADI ROAD,
DAVANAGERE - 577 002,
NOW DISTRICT VIJAYANAGARA.
...PETITIONER
(BY SRI. B. S. KAMATE, ADVOCATE)
AND:
KANCHIKERI BASAVARAJAPPA @
B. BASAVARAJAPPA S/O. SIDDAPPA,
AGE. 69 YEARS, OCC. AGRICULTURIST,
R/O. GANGANARASI VILLAGE, TQ. HARAPANAHALLI,
DIST. DAVANAGERE - 577 002,
NOW DISTRICT. VIJAYANAGARA.
...RESPONDENT
(RESPONDENT SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO WRIT IN THE NATURE
OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION,
QUASHING THE IMPUGNED ORDER DATED 16.03.2024 PASSED BY
THE III ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI (SITTING AT
HOSPETE) IN MISC. PETITION NO. 5448/2020 AT ANNEXURE H AND
TO DISMISS THE MISC. PETITION NO. 5448/2020 AND ETC.,
IN W.P.NO.103647/2025:
BETWEEN:
THE EXECUTIVE ENGINEER (ELE),
KARNATAKA POWER TRANSMISSION
- 13 -
NC: 2025:KHC-D:15762
WP No. 106405 of 2024
AND CONNECTED MATTERS
HC-KAR
CORPORATION LTD.,
MAJOR WORKS DIVISION,
OPPOSITE TO STADIUM HADADI ROAD,
DAVANAGERE - 577 002,
NOW DISTRICT VIJAYANAGARA.
...PETITIONER
(BY SRI. B. S. KAMATE, ADVOCATE)
AND:
NAGAMMA W/O. LAKKAPPA,
AGE. 73 YEARS, OCC. AGRICULTURIST,
R/O. 18, RAMA MANDIRA ROAD,
KUMBARA KOPPAL, METAGALI POST,
2ND BUS STOP, MYSORE - 570 001.
...RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR
DIRECTION, QUASHING THE IMPUGNED ORDER DATED 16.03.2024
PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI
(SITTING AT HOSPETE) IN MISC. PETITION NO. 5465/2020 AT
ANNEXURE H AND TO DISMISS THE MISC. PETITION NO. 5465/2020
AND ETC.,
IN W.P.NO.104103/2025:
BETWEEN:
THE EXECUTIVE ENGINEER (ELE),
KARNATAKA POWER TRANSMISSION
CORPORATION LTD., MAJOR WORKS DIVISION,
OPPOSITE TO STADIUM, HADADI ROAD,
DAVANAGERE - 577 002,
NOW DISTRICT VIJAYANAGARA.
...PETITIONER
(BY SRI. B. S. KAMATE, ADVOCATE)
AND:
RAMAPPA S/O. NINGAPPA,
AGE. 63 YEARS, OCC. AGRICULTURIST,
R/O. BAIRAPURA VILLAGE,
TQ. HARAPANAHALLI,
DIST. DAVANAGERE - 577 002,
- 14 -
NC: 2025:KHC-D:15762
WP No. 106405 of 2024
AND CONNECTED MATTERS
HC-KAR
NOW DISTRICT. VIJAYANAGARA.
...RESPONDENT
(RESPONDENT SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR
DIRECTION, QUASHING THE IMPUGNED ORDER DATED 16.03.2024
PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI,
(SITTING AT HOSAPETE) IN MISC. PETITION NO.5072/2020 AT
ANNEXURE-G AND TO DISMISS THE MISC. PETITION NO.5072/2020
AND ETC.,
IN W.P.NO.104104/2025:
BETWEEN:
THE EXECUTIVE ENGINEER (ELE),
KARNATAKA POWER TRANSMISSION
CORPORATION LTD., MAJOR WORKS DIVISION,
OPPOSITE TO STADIUM, HADADI ROAD,
DAVANAGERE-577002,
NOW DISTRICT VIJAYANAGARA.
...PETITIONER
(BY SRI. B. S. KAMATE, ADVOCATE)
AND:
SRI. MEETYA NAYKA S/O. SELVA NAYKA,
AGE. 70 YEARS, SINCE DEAD BY HIS LRS.,
1. SMT. KAMALEEBAI
W/O. MOTYA NAYKA ALIAS MEETYA NAYKA,
AGE. 75 YEARS, OCC. AGRICULTURIST,
R/O. HALLIKERI KODDI THANDA,
HALLIKERI VILLAGE, TQ. HARAPANAHALLI,
DIST. DAVANAGERE - 577 002,
NOW DISTRICT. VIJAYANAGARA.
...RESPONDENT
(RESPONDENT SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR
DIRECTION, QUASHING THE IMPUGNED ORDER DATED 16.03.2024
PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI,
- 15 -
NC: 2025:KHC-D:15762
WP No. 106405 of 2024
AND CONNECTED MATTERS
HC-KAR
(SITTING AT HOSAPETE) IN MISC. PETITION NO.5061/2020 AT
ANNEXURE-H AND TO DISMISS THE MISC. PETITION NO.5061/2020
AND ETC.,
IN W.P.NO.104140/2025:
BETWEEN:
THE EXECUTIVE ENGINEER (ELE),
KARNATAKA POWER TRANSMISSION
CORPORATION LTD., MAJOR WORKS DIVISION,
OPPOSITE TO STADIUM, HADADI ROAD,
DAVANAGERE - 577 002,
NOW DISTRICT VIJAYANAGARA.
...PETITIONER
(BY SRI. B. S. KAMATE, ADVOCATE)
AND:
MADHUSUDHAN PATIL S/O. HALANAGOUDA PATIL,
AGE. 38 YEARS, OCC. AGRICULTURIST,
R/O. ALAGANCHIKERI VILLAGE,
TQ. HARAPANAHALLI,
DIST. DAVANAGERE - 577 002,
NOW DISTRICT. VIJAYANAGARA.
...RESPONDENT
(RESPONDENT SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR
DIRECTION, QUASHING THE IMPUGNED ORDER DATED 16.03.2024
PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI,
(SITTING AT HOSAPETE) IN MISC. PETITION NO. 5369/2020 AT
ANNEXURE-H AND TO DISMISS THE MISC. PETITION NO. 5369/2020
AND ETC.,
IN W.P.NO.104246/2025:
BETWEEN:
THE EXECUTIVE ENGINEER,
KARNATAKA POWER TRANSMISSION
CORPORATION LTD.,
MAJOR WORKS DIVISION,
HADADI ROAD OPP. STADIUM,
DAVANGERE - 577 002,
- 16 -
NC: 2025:KHC-D:15762
WP No. 106405 of 2024
AND CONNECTED MATTERS
HC-KAR
NOW DIST. VIJAYANAGAR.
...PETITIONER
(BY SRI. B. S. KAMATE, ADVOCATE)
AND:
SMT. MADI BAI R D/O. DHEMYA NAIL
W/O. UMLA NAYAKA,
AGE 55 YEARS, OCC. NOT KNOWN,
R/O. MACHIHALLI TANDA VILLAGE,
TQ: HARAPANAHALLI - 583 131,
DIST. DAVANGERE, NOW DIST. VIJAYANAGAR.
...RESPONDENT
(RESPONDENT SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR
DIRECTION, QUASHING THE IMPUGNED ORDER AND THE AWARD
DATED 03/08/2024 PASSED BY THE III ADDL. DIST AND SESSION
JUDGE, BALLARI (SITTING AT HOSPETE) IN MISC. NO.5039/2020
PRODUCED AT ANNEXURE-G AND ETC.,
IN W.P.NO.105196/2025:
BETWEEN:
THE EXECUTIVE ENGINEER,
KARNATAKA POWER TRANSMISSION CORPORATION LTD.,
MAJOR WRKS DIVISION, HADADI ROAD,
OPP. STADIUM, DAVANAGERE - 577 002,
NOW DIST VIJAYANGAR.
...PETITIONER
(BY SRI. B. S. KAMATE, ADVOCATE)
AND:
SHRI. S. ESHWAR NAIK S/O. SAMYA NAIK. T.,
AGE ABOUT 69 YRS, OCC: AGIRL.,
R/O: SEVANGARA BENDIGERE VILLAGE,
TQ. HARAPANAHALLI 583 131,
DIST VIJAYANAGAR.
...RESPONDENT
(RESPONDENT SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE
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NC: 2025:KHC-D:15762
WP No. 106405 of 2024
AND CONNECTED MATTERS
HC-KAR
NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR
DIRECTION, QUASHING THE IMPUGNED ORDER AND THE AWARD
DATED 28/05/2024 PASSED BY THE III ADDL. DIST AND SESSION
JUDGE, BALLARI (SITTING AT HOSPETE) IN MISC.NO.5365/2020
PRODUCED AT ANNEXURE-H AND ETC.,
IN W.P.NO.105359/2025:
BETWEEN:
THE EXECUTIVE ENGINEER,
KARNATAKA POWER TRANSMISSION CORPORATION LTD.,
MAJOR WORKS DIVISION, HADADI ROAD,
OPP. STADIUM, DAVANGERE - 577 002,
NOW DIST VIJAYANAGAR.
...PETITIONER
(BY SRI. B. S. KAMATE, ADVOCATE)
AND:
SHRI. B. BHEEMA NAIK
S/O. B. CHANDRA NAIK,
AGE ABOUT 56 YEARS, OCC: AGRIL.,
R/O: MACHIHALLI VILLAGE,
TQ: HARAPANAHALLI - 583 131,
DIST: VIJAYANAGARA.
...RESPONDENT
(RESPONDENT SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR
DIRECTION, QUASHING THE IMPUGNED ORDER AND THE AWARD
DATED.28/05/2024 PASSED BY THE III ADDL. DIST AND SESSION
JUDGE, BALLARI, (SITTING AT HOSAPETE) IN MISC.NO. 5441/2020 AT
ANNEXURE-H AND ETC.,
IN W.P.NO.105409/2025:
BETWEEN:
THE EXECUTIVE ENGINEER,
KARNATAKA POWER TRANSMISSION
CORPORATION LTD.,
MAJOR WORKS DIVISION,
HADADI ROAD, OPP STADIUM,
DAVANGERE - 577 002,
- 18 -
NC: 2025:KHC-D:15762
WP No. 106405 of 2024
AND CONNECTED MATTERS
HC-KAR
NOW DIST VIJAYANAGAR.
...PETITIONER
(BY SRI. B. S. KAMATE, ADVOCATE)
AND:
SHRI B.H.NAGAPPA S/O. SIDDAPPA,
AGE ABOUT 83 YRS, OCC: AGRIL.,
R/O: CHIRASTAHALLI VILLAGE,
TQ: HARAPANAHALLI - 583 131,
DIST: DAVANAGERE.
NOW DIST VIJAYANAGAR.
...RESPONDENT
(RESPONDENT SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR
DIRECTION, QUASHING THE IMPUGNED ORDER AND THE AWARD
DATED 03/08/2024 PASSED BY THE III ADDL. DIST AND SESSION
JUDGE, BALLARI (SITTING AT HOSPETE) IN MISC.NO.5006/2024
PRODUCED AT ANNEXURE-G AND ETC.,
IN W.P.NO.105412/2025:
BETWEEN:
THE EXECUTIVE ENGINEER,
KARNATAKA POWER TRANSMISSION
CORPORATION LTD.,
MAJOR WORKS DIVISION,
HADADI ROAD,
OPP. STADIUM DAVANGERE - 577 002.
NOW DIST: VIJAYANAGAR.
...PETITIONER
(BY SRI. B. S. KAMATE, ADVOCATE)
AND:
SHRI. KENCHAPPA HEREBEDRI
S/O. HANUMANTHAPPA HEREBEDRI,
AGE ABOUT 62 YRS, OCC: AGRIL,
R/O: DUGGAVATHI VILLAGE,
TQ: HARAPANAHALLI - 583 137,
DIST: DAVANAGERE,
NOW DIST VIJAYANAGAR.
...RESPONDENT
(RESPONDENT SERVED)
- 19 -
NC: 2025:KHC-D:15762
WP No. 106405 of 2024
AND CONNECTED MATTERS
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR
DIRECTION, QUASHING THE IMPUGNED ORDER AND THE AWARD
DATED 03/08/2024 PASSED BY THE III ADDL. DIST AND SESSION
JUDGE, BALLARI (SITTING AT HOSPETE) IN MISC.NO.5055/2020
PRODUCED AT ANNEXURE-G AND ETC.,
IN W.P.NO.105413/2025:
BETWEEN:
THE EXECUTIVE ENGINEER,
KARNATAKA POWER TRANSMISSION
CORPORATION LTD., MAJOR WORKS DIVISION,
HADADI ROAD, OPP STADIUM,
DAVANGERE - 577 002,
NOW DIST VIJAYANAGAR.
...PETITIONER
(BY SRI. B. S. KAMATE, ADVOCATE)
AND:
SMT. NAGIBAYI W/O. LOKYA NAYKA,
AGE ABOUT 76 YRS, OCC: AGRIL.,
R/O: GULLEDAHATTI TANDA,
TQ: HARAPANAHALLI - 583 137,
DIST: DAVANAGERE, NOW DIST VIJAYANAGAR.
...RESPONDENT
(RESPONDENT SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR
DIRECTION, QUASHING THE IMPUGNED ORDER AND THE AWARD
DATED 06/07/2024 PASSED BY THE III ADDL. DIST AND SESSION
JUDGE, BALLARI (SITTING AT HOSPETE) IN MISC.NO.5250/2023
PRODUCED AT ANNEXURE-G AND ETC.,
THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY
HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:15762
WP No. 106405 of 2024
AND CONNECTED MATTERS
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. Learned counsel appearing for the parties in unison
would submit that the issue involved in the present lis stands
completely covered by the judgment rendered by the Hon'ble
Apex Court, which has been followed by a Co-ordinate Bench of
this Court. The Co-ordinate Bench has held as follows:
"The KPTCL has filed the captioned petition
assailing the order dated 17.06.2023 passed by the
learned II Additional District Ballari in
Misc.P.No.198/2020, thereby allowing the petition
filed under Section 16(3) of the Indian Telegraph Act,
1885 (hereinafter referred to as 'the Act' for short)
and directed the Corporation to pay compensation of
Rs.51,400/- with interest at the rate of 8% p.a. from
the date of petition till its realization.
2. The brief facts leading to the case are as
under:
The petitioner/Corporation has drawn 400 KV
High Tension Power Line with tower over the
respondent's land. This factual matrix is admitted by
the Corporation. Respondent/claimant filed petition
under Section 16(3) of the Act claiming compensation
against the petitioner/Corporation for having utilized
the land of the respondent bearing R.S.No.8/1/A of
M.Lakkalahalli village. This petition is filed by the
respondent/claimant alleging loss of land and crop and
diminution of the land value.
3. The present petitioner/Corporation on receipt
of notice filed objections and seriously disputed the
claim made by the respondent. The
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NC: 2025:KHC-D:15762
AND CONNECTED MATTERS
HC-KAR
petitioner/Corporation also contended that the claim
made by the respondent/claimant is barred by
limitation since the petition is filed after lapse of nine
years, and there is no cause of action.
4. The respondent/claimant and the
petitioner/Corporation to substantiate their respective
claim let in oral and documentary evidence. The
learned District Judge while answering point No.1 held
that the respondent/land owner is entitled to claim
compensation. Though the learned District Judge
refers to an application filed under Section 5 of
Limitation Act, the court was of the view that
petitioner/Corporation did not issue any notice to
respondent and therefore, respondent was not aware
of his rights and damages. The learned District Judge
has further held that the cause of action accrued to
the respondent/land owner is not disclosed by the
action of the petitioner/Corporation since no notices
were issued to respondent and therefore, performance
certificate marked at Ex.R2 indicating the date of
accomplishment of installation and construction of
400KV DC line on 12.04.2012 cannot be accepted.
This finding is perverse. The very installation of 400
KV DC line amount to constructive notice and
therefore respondent/land owner ought to have taken
to recourse through law as provided under Indian
Telegraph Act.
5. This Court has carefully heard the
submissions of the learned counsel for the
petitioner/Corporation as well as the learned counsel
for the respondent/claimant. It has also given anxious
consideration to the legal principles laid down by the
Hon'ble Apex Court in KERALA STATE ELECTRICITY
BOARD, TRIVANDRUM V. T.P. KUNHALIUMMA,
reported in (1976) 4 SCC 634. The said decision
has been followed by a Coordinate Bench of this Court
in W.P.No.22208/2019 and further affirmed by the
Division Bench in W.A.No.100366/2022 and connected
matters. This Court has also given due consideration
to the judgments relied upon by the learned counsel
for the respondent/claimant. The following point would
arise for consideration.
- 22 -
NC: 2025:KHC-D:15762
AND CONNECTED MATTERS
HC-KAR
"Whether the order impugned granting compensation
invoking Section 16(3) of the Telegraph Act, 1885 is
perverse and contrary to Ex.R2 and therefore
contravenes the law declared by the Hon'ble Apex
Court in the case of the Kerala Electricity Board,
Trivandrum vs T.P.Kunhaliumma?"
Finding on the point:
6. Before this Hon'ble Court proceeds to delve
into the substantive issue arising for consideration in
the present case, it is essential to first outline the
relevant factual backdrop and foundational aspects
which are not in dispute. The petitioner-Corporation,
pursuant to a contract for supply and erection,
successfully undertook and completed the construction
of a 400KV Double Circuit (DC) transmission line. As
per the admitted factual matrix, a portion of this high-
tension line traverses the land belonging to the
respondent-landowner. It is further evident from the
records that the said 400KV DC line, running from the
proposed Kuditini Station to the proposed Hiriyur
Station, was fully commissioned and made operational
on 12.04.2012.
7. This crucial date of commissioning is
evidenced by a document marked as Ex.R2, which is a
performance certificate issued and maintained by the
petitioner Corporation in the ordinary course of its
official functions. This certificate categorically records
the date on which the erection and installation of the
transmission infrastructure was completed and
energized. The petitioner has relied on this
documentary evidence to substantiate its specific
defence that the claim petition filed by the respondent
under Section 16(3) of the Act is ex-facie barred by
limitation, being governed by Article 137 of the
Limitation Act, 1963. On perusal of Annexure R2, this
court opines that the very act of installation and
commissioning of the 400KV DC line on the
respondent's land constitutes constructive notice to
the respondent/landowner. The law imputes
knowledge of such overt and physical acts which are
visible and continuing in nature. Therefore, the
respondent ought to have taken timely legal recourse
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NC: 2025:KHC-D:15762
AND CONNECTED MATTERS
HC-KAR
under the provisions of the Act, for claiming
compensation or damages, if any. The finding of the
learned District Judge overlooking this aspect and
condoning the delay in filing the claim on the ground
of lack of notice is legally unsustainable and liable to
be set aside.
8. It is significant to note that the respondent
has not produced any material to dispute or discredit
the authenticity or correctness of Ex.R2. In the
absence of any rebuttal evidence, the said
performance certificate stands as unimpeached and
credible proof of the date of completion of the work.
9. The petitioner-Corporation has, through the
production of cogent and reliable documentary
evidence, conclusively established the date of
commissioning of the high-tension line in 2012. This
evidence not only substantiates the Corporation's
assertion regarding the accrual of cause of action but
also forecloses any doubt as to the limitation period
applicable to the present claim. In light of the clear
evidentiary record, there remains no ambiguity with
respect to the timeline of events relevant to the
determination of limitation.
10. Against the backdrop of these established
facts, the central question that arises for consideration
is whether the learned District Judge was legally
justified in entertaining and adjudicating a petition
filed under Section 16(3) of the Act nearly nine years
after the commissioning of the project. Specifically,
this Court is called upon to determine whether the
learned District Judge erred in failing to properly
address and adjudicate the plea of limitation raised by
the petitioner while granting compensation to the
respondent.
11. In this context, it is instructive to refer to
the authoritative pronouncement of the Hon'ble
Supreme Court in Kerala State Electricity Board
(supra), wherein it was unequivocally held that
applications filed under special statutes before civil
courts, in the absence of any specific period of
limitation provided under the governing statute, would
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AND CONNECTED MATTERS
HC-KAR
fall within the ambit of Article 137 of the Limitation
Act, 1963. Consequently, any petition filed under
Section 16(3) of the Act is to be construed as an
application made to a civil court, thereby attracting
the three-year period of limitation as prescribed under
Article 137.
12. The above-referred judgment clearly
enunciates the legal position that the District Judge,
while exercising jurisdiction under Section 16(3) of the
Act for the purpose of determining compensation,
functions as a civil court and performs a judicial
function. As such, the limitation provisions under the
Limitation Act squarely apply. Hence, an application
under Section 16(3) must necessarily be instituted
within three years from the date when the right to
apply first accrues.
13. However, in the present case, despite the
existence of this binding precedent, the learned
District Judge, while deciding Point No.1, committed a
grave error in recording a finding in favour of the
respondent's entitlement to compensation without
appropriately considering or adjudicating upon the
plea of limitation raised by the petitioner. This
omission to address a foundational legal objection
renders the impugned finding not only erroneous but
also contrary to established principles of law. The
failure to apply the binding precedent laid down by the
Hon'ble Supreme Court has resulted in a decision that
is legally unsustainable and vitiated by perversity.
14. It is pertinent to underscore that the
present claim petition was instituted in the year 2020,
which is nine years after the commissioning of the
400KV transmission line on 12.04.2012. This time
gap, by itself, exceeds the limitation period of three
years as contemplated under Article 137 of the
Limitation Act. Therefore, on the face of the record,
the petition is hopelessly barred by limitation and
ought to have been dismissed on that ground alone.
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AND CONNECTED MATTERS
HC-KAR
15. It is also relevant to note that a Coordinate
Bench of this Hon'ble Court, when faced with an
identical factual and legal scenario, has already
applied the aforementioned decision of the Hon'ble
Supreme Court and categorically held that Article 137
governs applications under Section 16(3) of the
Telegraph Act. In light of such a well-settled legal
position, this Court is bound by the doctrine of judicial
discipline and cannot take a contrary or divergent
view.
16. Accordingly, there is no doubt that the law
laid down by the Hon'ble Supreme Court squarely
applies to the facts of the present case. The impugned
order passed by the learned District Judge, by
overlooking the bar of limitation and entertaining a
petition filed well beyond the prescribed period,
suffers from gross illegality and patent perversity. If
Article 137 is rightly held to be applicable, then the
learned District Judge clearly lacked the jurisdiction to
entertain and decide a time-barred petition. In view of
the foregoing, the question under consideration is
answered in the affirmative. It is held that the petition
filed under Section 16(3) of the Act in the year 2020 is
exfacie barred by limitation and is liable to be
dismissed on that ground alone.
17. For the forging reasons, this court proceed
to pass the following:
ORDER
i) The writ petition is allowed.
ii) The order dated 17.06.2023
passed by the learned II Additional
District Judge, Ballari in
Misc.P.No.198/2020 is hereby set
aside."
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AND CONNECTED MATTERS
HC-KAR
2. In light of the issue having been completely
answered by the Co-ordinate Bench of this Court, the petition
deserves to be allowed in terms of the order afore quoted.
Ordered accordingly.
Sd/-
(M.NAGAPRASANNA)
JUDGE
RHR/CT-ASC
