IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 29^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 105194 OF 2025 (GM-RES)

BETWEEN:

THE EXECUTIVE ENGINEER, KARNATAKA POWER TRANSMISSION CORPORATION LTD., MAJOR WORKS DIVISION, HADADI ROAD, OPP: STADIUM, DAVANGERE- 577002, NOW DIST: VIJAYANAGAR.

…PETITIONER (BY SRI. B.S. KAMATE, ADVOCATE)

AND:

SHRI. KARIBASAIAH T.K.M S/O BASAIAH, AGE: ABOUT 48 YEARS, OCC: AGRIL., R/O: TELAGI VILLAGE, TQ. HARAPANAHALLI- 583131, DIST: DAVANAGERE, NOW DIST: VIJAYANAGAR.

RAKESH S …RESPONDENT HARIHAR (NOTICE TO RESPONDENT IS SERVED)

Digitally signed by RAKESH S HARIHAR D 06 a : t 2 e 7 : : 2 4 0 2 2 + 5. 0 1 0 0 0 .3 0 1 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND

227 OF THE CONSTITUTION OF INDIA IS 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.5390/2023 PRODUCED AT ANNEXURE-G.

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

1. The petitioner is before this Court seeking the following prayer:

A. “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.5390/2023 produced at Annexure-

G.

B. such other writ or orders or direction may deem fit under the facts and circumstances of the case, be issued in the interest of justice.”

2. Heard Sri B. S. Kamate, learned counsel for the petitioner.

3. The respondent has been served but has remained unrepresented.

4. Learned counsel for the petitioner submits 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 Coordinate Bench of this Court. The Coordinate 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 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/