IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.14505 OF 2025 (GM-KEB)

BETWEEN:

1. THE EXECUTIVE ENGINEER MOJOR WORKS DIVISION, KPTCL, SUB-DIVISION-1 JCR CIRCLE, 3^RD CROSS (EAST)

JCR EXTENSION, CHITRADURGA-577501 REPRESENTED BY MALLIKARJUNA SWAMY.

2. THE ASSISTANT EXECUTIVE ENGINEER, MAJOR WORKS DIVISION, KPTCL, SUB-DIVISION-1 JCR CIRCLE, 3^RD CROSS (EAST)

JCR EXTENSION, CHITRADURGA-577501 REPRESENTED BY MALLIKARJUNA SWAMY.

…PETITIONERS Digitally signed by (BY SMT. RAKSHITHA D.J., ADVOCATE)

MAHALAKSHMI B M Location: HIGH AND:

COURT OF KARNATAKA BHEEMANNA .G @ BHEEMAPPA DEAD BY LR’s.

1. SMT. SUNANDAMMA W/O LATE BHEEMAPPA .G @ BHEEMAPPA @ BHEEMANNA, AGED ABOUT 78 YEARS, R/O. D.S. HALLI, VILLAGE, CHITRADURGA.

2. B. NAGARAJAA @ B. NAGARAJ S/O LATE BHEEMAPPA G @ BHEEMAPPA, AGED ABOUT 57 YEARS, R/O. D.S. HALLI, VILLAGE, CHITRADURGA. 3. ANJINAPPA S/O LATE BHEEMAPPA G @ BHEEMAPPA, AGED ABOUT 55 YEARS, R/O. D.S. HALLI, VILLAGE, CHITRADURGA. 4. SUDHA .B D/O LATE BHEEMAPPA G@ BHEEMAPPA W/O ANANTHARAM K.T., AGED ABOUT 53 YEARS, R/O. BELURU ROAD, BEHIND SHIVARAJ AUTO WORKS, GUDDENAHALLI, CHITRADURGA.

5. B. MANJULA D/O LATE BHEEMAPPA G @ BHEEMAPPA W/O ANANDA KUMAR, AGED ABOUT 51 YEARS, R/O. MURRURAYA NAGARA, RMC MARKET, TURUVEKERE, TUMKURU.

…RESPONDENTS (BY SRI R. SHASHIDHARA, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 27.09.2024 IN CIVIL MISC.NO.268/2020 PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA PRODUCED AT ANNEXURE-A TO THE WRIT PETITION.

THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL ORDER

The petitioners-Karnataka Power Transmission Corporation Limited (KPTCL) seek to challenge the order dated 27.09.2024 passed by the I Additional District and Sessions Judge, Chitradurga (hereinafter referred to as the 'District Court' for short) in Civil Misc. No.268/2020 whereby the Court awarded diminution value compensation in favour of the respondent.

2. Respondent (Land owner) filed Civil Misc.

No.268/2020 under Section 16 (3) of the Indian Telegraph Act, 1885 (‘Telegraph Act’ for short), claiming additional compensation for alleged loss caused due to the installation of 220 KV transmission line / tower over his land bearing Sy. No.50 measuring 12 acres 23 guntas situated at Kunchigangal Village, Kasaba Hobli, Chitradurga Taluk and District. The ground urged by the respondent in the petition was that the KPTCL erected towers over about 3 acres of his land, destroyed standing crops, reduced the fertility and market value of the land and sought `1,59,00,000/- with interest for diminishing of the land value.

3. The petitioners (KPTCL) filed objections contending that they have already paid a sum of `9,63,467/- as full and final compensation for the diminution land value as per the Deputy Commissioner's order dated 04.12.2018, and the respondent accepted the compensation without protest, that no crops existed on the land at the time of drawing the line in 2018.

4. The Trial Court partly allowed the miscellaneous petition and awarded additional compensation of `7,25,490/- with 8% interest.

5. Heard the learned counsel for the petitioners-

KPTCL and the learned counsel appearing for the respondent- claimant.

Petitioners’ contention:

6. Learned counsel for the petitioners submits that the full compensation has already been paid towards the diminution in land value as fixed by the Deputy Commissioner for a sum of `9,63,467/-.The compensation has been voluntarily received by the respondent without any objections and the respondent never challenged Ex.R3. Hence, reopening the compensation is impermissible. It is submitted that once the diminution land value was assessed and paid, awarding additional compensation amount towards diminution would amount to duplication. The