Mr Abdul Wahab v. The Executive Engineer (Elecl.)

((((((((((((HC-KAR, NC:(2026:KHC:44406( WP(No.(37482(of(2025( ( ,,,,,,,,,, , CNR:(KAHC010801252025( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( TH (DAY(OF(AUGUST,(2026(DATED(THIS(THE(18

BEFORE(

THE(HON'BLE(SMT.(JUSTICE(LALITHA(KANNEGANTI(

WRIT(PETITION(NO.(37482(OF(2025((GM-KEB)(

BETWEEN:((

( , MR.,ABDUL,WAHAB, S/O,EMAMSAB,,

AGED,ABOUT,52,YEARS, HANAJI,,JADE,,SORAB,, SHIMOGA,-577,419,

…PETITIONER, (BY,SRI.,VIVEKANANDA,N.,,ADVOCATE), ,

AND:( (

1., THE,EXECUTIVE,ENGINEER,(ELECL.),

MAJOR,WORKS,DIVISION, UK,DISTRICT,KPTCL,,, KEB,COLONY,,COURT,ROAD,,

Digitally SIRSI-,581,401, signedtiby ,SUVARNA0T Location: 2., THE,ASSISTANT,EXECUTIVE,ENGINEER,(ELECL.), HIGH0COURT OF MAJOR,WORKS,SUB-,DIVISION, KARNATAKA KPTCL,,KEB,COLONY,,COURT,ROAD, SIRSI-,581,401, …RESPONDENTS, (BY,SMT.RAKSHITHA,D.J.,,ADVOCATE), , , THIS, WP, IS, FILED, UNDER, ARTICLE, 227, OF, THE, CONSTITUTION, OF, INDIA,, PRAYING, TO, ISSUE, A, WRIT, OF, CERTIORARI, SETTING, ASIDE, THE, ENDORSEMENT, BEARING, 605/KANIELE(VI)/BRAKAVI/,U.K/SIRASI/,SAKANIEM(KA),2024-25/559-66,DATED:,27/08/2024,ISSUED,BY,THE,RESPONDENT, NO., 1, AS, PER, ANNEXURE-A, AND, WRIT, OF, CERTIORARI,

SETTING ASIDE THE ENDORSEMENT BEARING 605/KANIELE(VI)/ BRAKAVI/ U.K/SIRASI/SAKANIEM(KA) 2024-25/54-56, DATED: 27/08/2024 ISSUED BY THE RESPONDENT NO.2 AS PER ANNEXURE-B.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER The present writ petition is filed seeking the following prayer: "The petitioner above named most humbly pray that this Hon'ble court may be pleased to: a. Issue a writ of certiorari setting aside Endorsement bearing 605/KANIELE(VI)/BRAKAVI/U.K/SIRASI/SA KANIEM(KA) 2024-25/559-66 DTD. 27/08/2024 issued by the Respondent No.1 as per Annexure A and writ of certiorari setting aside Endorsement bearing 605/KANIELE(VI)/BRAKAVI/U.K/SIRASI/SA KANIEM(KA) 2024-25/54-56 DTD. 27/08/2024 issued by the Respondent No.2 as per Annexure B. b. Issue a writ in the nature of mandamus directing the respondents not to install any electric towers in the lands of petitioner bearing Sy No. 32 measuring 1 acres situated at Varadikoppa Village, Jade Village, Sorabha Taluk and Sy No. 28/1 measuring 1 acres 1 gunta situated at

Varadikoppa Village, Jade Village, Sorabha Taluk; c. Issue a writ or direction and direct respondents to fix and pay compensation for the value of the cross, loss of usage of land and diminishing of the value of the land for erecting high tension electrical wires and pillars in land bearing Sy No. 32 measuring 1 acres situated at Varadikoppa Village, Jade Village, Sorabha Taluk and Sy No. 28/1 measuring 1 acres 1 gunta situated at Varadikoppa Village, Jade Village, Sorabha Taluk; d. Pass any other orders this Hon'ble court deems fit in the facts and circumstance of the case."

¶2The Co-ordinate Bench of this Court on 12.12.2025 has passed an order directing the respondents not to interfere with the petitioner's lands, including by installing any electric towers, poles/transmission lines, until the next date of hearing.

¶3Learned counsel appearing on behalf of respondents filed the vacate petition. She relied on the order passed by this Court in the case of Shri. Gangadhar Reddy and another Vs. Karnataka Power Transmission Corporation Ltd and others reported in W.P.No.104689/2025 dated 23.01.2026 and she relied on part of paragraph No.6 which reads as follows:

"6.….. The respondents have to determine the compensation and if the petitioners are aggrieved by compensation that is determined and awarded by the respondents, they have a remedy before the District Judge under Section 16 of the Indian Telegraph Act, 1885. The petitioners, without availing all these remedies, cannot come before this Court and stall the developmental activities.

¶4Wherein this Court has disposed of the writ petition, directing the petitioners therein to make an appropriate application within two months, and directed the respondents to consider their representation and pass an order in accordance with law.

¶5Learned counsel for the petitioner submits that the Deputy Commissioner has now determined the compensation contrary to the settled law. Hence, he will go before the Court under Section 16(3) of the Indian Telegraph Act, 1885. Considering the submission of the counsel to the petitioner, this Court is passing the following:

ORDER i. The writ petition is disposed of giving liberty to the petitioner to avail appropriate remedy under Section 16(3) of the Indian Telegraph Act,1885 within two weeks from the date of receipt of the copy of the order.

ii. All pending I.As., in the writ petition shall stand closed.

SD/- (LALITHA KANNEGANTI) JUDGE

PKN List No.: 1 Sl No.: 45