IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT PETITION NO.106934 OF 2025 (GM-RES)

BETWEEN:

1. THE MANAGING DIRECTOR, KPTCL, CORPORATE OFFICE, KAVERI BHAVAN, BENGALURU-560009.

2. THE EXECUTIVE ENGINEER (ELE), MAJOR WORKS, DIVISION, KARNATAKA POWER TRANSMISSION CORPORATION LTD., GADAG/HAVERI DISTRICT, KPTCL HUBBALLI-580023.

3. ASSISTANT EXECUTIVE ENGINEER (ELE), MAJOR WORKS DIVISION, MOHANKUMAR SUB-DIVISION, OFFICE KPTCL, B SHELAR GADAG-582101.

Digitally signed by MOHANKUMAR B …PETITIONERS SHELAR Date: 2026.03.17

14:14:06 +0530 (BY SRI. B.S. KAMATE, ADVOCATE)

AND:

1. JANDISAB S/O. FEERSAB GARADIMANI @ WADDITTI @ WADDATTI, AGE. 58 YEARS, OCC. AGRIL., R/O. MUNDARGI, TQ. MUNDARAGI, DIST. GADAG-582101.

2. THE DEPUTY COMMISSIONER, GADAG, DIST. GADAG-582101.

…RESPONDENTS (BY SRI. RAJASHEKHAR B.HALLI, ADVOCATE FOR R1;

SRI. T. HANUMAREDDY, ADDL. GOVT. ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE (A) A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED 07/04/2025 PASSED BY THE ADDL. DISTRICT AND SESSIONS JUDGE GADAG IN MISC. NO.84/2021 AS ANNEXURE- F. (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.

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

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

This writ petition is filed by the petitioners seeking writ in the nature of certiorari quashing the impugned order dated 07.04.2025 passed by the Additional District and Sessions Judge, Gadag in Misc.No.84/2021 as per Annexure-F.

2. Brief facts leading rise to filing of this writ petition are as follows:

3. The respondent herein is the owner of the land bearing Sy.No.268/5 measuring 1 are 2 guntas situated at Mundargi village, Mundargi Taluk, Gadag District, wherein the tower/pylon foot area of ½ guntas, length of corridor line over respondent’s land measuring 45x46 meters along with neem and acacia trees were acquired for Rs.69,500/- by the petitioners. The respondent filed a petition under Section 16(3) of the Indian Telegraph Act, 1885 (hereinafter referred to as ‘the Act of 1885’ for short) r/w Section 164 of the Electricity Act, 2003 before the Additional District and Sessions Judge, Gadag claiming compensation of Rs.20,00,000/- with interest at the rate of 15% p.a. on the compensation amount from the date of corridor work till realization. The said petition was registered as Misc.No.84/2021 before the Additional District and Sessions Judge, Gadag.

4. Petitioners herein filed objections contending that the petition filed by the respondent before the trial court was not maintainable, and the claim made by the respondent is barred by limitation, and denied the averments made in the petition filed under Section 16(3) of the Act of 1885 before the trial court. It was contended that the burden is on the respondent to prove the contents of the claim petition before the trial court. It is contended that the respondent has issued legal notice, and the petitioners herein have replied by denying the contents of the notice. The respondent has not complied with the conditions prescribed in the Act of 1885. It is contended that the respondent and other farmers have received the compensation, and the petitioners have installed the towers according to the Act of 1885 by issuing notification dated

19.03.2015, and accordingly, prays to dismiss the petition.

5. The respondent herein was examined as P.W.1 before the trial court, and marked 6 documents as Exs.P1 to P6. The petitioners herein did not examine any witness and did not mark any document before the trial court. The learned Additional District and Sessions Judge, after hearing the learned counsel for the parties, recording the evidence, allowed the petition