Karnataka High Court
The Executive Engineer (Ele) vs Shri Syed Ibrahim Sab on 23 September, 2025
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
-1-
NC: 2025:KHC:38380
WP No. 8758 of 2025
C/W WP No. 8779 of 2025
WP No. 9152 of 2025
HC-KAR AND 5 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
WRIT PETITION NO. 8758 OF 2025 (GM-KEB)
C/W
WRIT PETITION NO. 8779 OF 2025 (GM-KEB)
WRIT PETITION NO. 9152 OF 2025 (GM-KEB)
WRIT PETITION NO. 20266 OF 2025 (GM-KEB)
WRIT PETITION NO. 20397 OF 2025 (GM-KEB)
WRIT PETITION NO. 20404 OF 2025 (GM-KEB)
WRIT PETITION NO. 20652 OF 2025 (GM-KEB)
WRIT PETITION NO. 20857 OF 2025 (GM-KEB)
BETWEEN:
THE EXECUTIVE ENGINEER (ELE)
KARNATAKA POWER TRANSMISSION LTD.,
MAJOR WORKS DEPARTMENT,
P.B. ROAD, R. H. BUILDING,
SECOND FLOOR,
Digitally signed by
DAVANAGERE - 577 002.
GEETHAKUMARI ...PETITIONER
PARLATTAYA S (COMMON IN ALL PETITIONS)
Location: High
Court of Karnataka (BY SRI H V DEVARAJU, ADVOCATE)
WP NO. 8758/2025:
AND:
SMT.SIDDAMMA,
W/O. KENCHAPPA,
AGED ABOUT 54 YEARS,
R/A KOMARANAHALLI VILLAGE,
HARIHAR TALUK,
DAVANAGERE - 577 530.
-2-
NC: 2025:KHC:38380
WP No. 8758 of 2025
C/W WP No. 8779 of 2025
WP No. 9152 of 2025
HC-KAR AND 5 OTHERS
...RESPONDENT
(RESPONDENT - SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING QUASH ANNEXURE-L
DATED 08.11.2024 PASSED IN CIVIL MISC NO.75/2021 ON THE FILE
OF THE II ADDL. DIST. AND SESSION JUDGE AT DAVANAGERE BY
ISSUE OF WRIT OR CERTIORARI OR ANY OTHER APPROPRIATE
WRIT.
WP NO. 8779/2025:
AND:
SRI N. CHIRANJEEVI,
S/O SRI N. VEERARAGHAVAIAH,
AGED ABOUT 73 YEARS,
R/A NANDITAVARE VILLAGE,
HARIHAR TALUK,
DAVANAGERE-577 530.
...RESPONDENT
(RESPONDENT - SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING QUASH ANNEXURE-K
DATED 8.11.2024 PASSED IN CIVIL MISC NO.250/2019 ON THE FILE
OF THE II ADDL. DIST. AND SESSION JUDGE AT DAVANAGERE BY
ISSUE OF WRIT OR CERTIORARI OR ANY OTHER APPROPRIATE
WRIT/ORDER OR DIRECTION.
WP NO. 9152/2025:
AND:
SRI CHANNABASAPPA,
S/O SRI RAMAPPA,
AGED ABOUT 46 YEARS,
R/A KOMARANAHALLI VILLAGE,
-3-
NC: 2025:KHC:38380
WP No. 8758 of 2025
C/W WP No. 8779 of 2025
WP No. 9152 of 2025
HC-KAR AND 5 OTHERS
HARIHAR TALUK,
DAVANAGERE-577 530.
...RESPONDENT
(RESPONDENT - SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING QUASH ANNEXURE-N
DATED 8.11.2024 PASSED IN CIVIL MISC NO.78/2021 ON THE FILE
OF THE II ADDL. DIST AND SESSION JUDGE AT DAVANAGERE BY
ISSUE OF WRIT OR CERTIORARI OR ANY OTHER APPROPRIATE
WRIT/ORDER OR DIRECTION.
WP NO. 20266/2025:
AND:
SRI SRINIVASA,
S/O SRI MARIDI NARASAIAH,
AGED ABOUT 55 YEARS,
R/A BHASKAR RAO CAMP,
NANDITAVARE VILLAGE,
HARIHAR TALUK,
DAVANAGERE-577 530.
...RESPONDENT
(RESPONDENT - SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING QUASH ANNEXURE-J
DATED 29.04.2025 PASSED IN CIVIL MISC NO.254/2019 ON THE
FILE OF THE II ADDL. DIST. AND SESSION JUDGE AT DAVANAGERE
BY ISSUE OF WRIT OR CERTIORARI OR ANY OTHER APPROPRIATE
WRIT/ORDER OR DIRECTION.
WP NO. 20397/2025:
AND:
-4-
NC: 2025:KHC:38380
WP No. 8758 of 2025
C/W WP No. 8779 of 2025
WP No. 9152 of 2025
HC-KAR AND 5 OTHERS
SRI I. PUTTAPPA,
S/O SRI MAYAPPA,
AGED ABOUT 79 YEARS,
R/A KOMARANAHALLI VILLAGE,
HARIHAR TALUK,
DAVANAGERE-577 601.
...RESPONDENT
(RESPONDENT - SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING QUASH ANNEXURE-K
DATED 29.04.2025 PASSED IN CIVIL MISC NO.58/2020 ON THE FILE
OF THE II ADDL. DIST AND SESSION JUDGE AT DAVANAGERE BY
ISSUE OF WRIT OR CERTIORARI OR ANY OTHER.
WP NO. 20404/2025:
AND:
SRI SYED IBRAHIM SAB,
S/O SRI AHAMADA SAB,
AGED ABOUT 81 YEARS,
R/A BHANUVALLI VILLAGE,
HARIHAR TALUK,
DAVANAGERE-577 601.
...RESPONDENT
(RESPONDENT - SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING QUASH ANNEXURE-K
DATED 29.04.2025 PASSED IN CIVIL MISC NO.63/2020 ON THE FILE
OF THE II ADDL. DIST AND SESSION JUDGE AT DAVANAGERE BY
ISSUE OF WRIT OR CERTIORARI OR ANY OTHER.
WP NO. 20652/2025:
AND:
-5-
NC: 2025:KHC:38380
WP No. 8758 of 2025
C/W WP No. 8779 of 2025
WP No. 9152 of 2025
HC-KAR AND 5 OTHERS
SRI BANNIKODU RANGAPPA @ RANGAPPA,
S/O SRI BANNIKODU RAMAPPA @ RAMAPPA,
AGED ABOUT 61 YEARS,
R/A HOSUR ROAD
KOMARANAHALLI VILLAGE,
HARIHAR TALUK,
DAVANAGERE-577 601.
...RESPONDENT
(RESPONDENT - SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING QUASH ANNEXURE-K &
K1 DATED 29.04.2025 PASSED IN CIVIL MISC NO.88/2020 ON THE
FILE OF THE II ADDL. DIST. AND SESSION JUDGE AT DAVANAGERE
BY ISSUE OF WRIT OR CERTIORARI OR ANY OTHER.
WP NO. 20857/2025:
AND:
SRI NAGAPPA,
S/O SRI NINGAPPA Y., @ NINGAPPA,
AGED ABOUT 67 YEARS,
R/A NANDITAVARE VILLAGE,
HARIHAR TALUK,
DAVANAGERE - 577 601.
...RESPONDENT
(RESPONDENT - SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING QUASH ANNEXURE-K
DATED 29.04.2025 PASSED IN CIVIL MISC NO.251/2019 ON THE
FILE OF THE II ADDL. DIST AND SESSION JUDGE AT DAVANAGERE
BY ISSUE OF WRIT OR CERTIORARI OR ANY OTHER.
-6-
NC: 2025:KHC:38380
WP No. 8758 of 2025
C/W WP No. 8779 of 2025
WP No. 9152 of 2025
HC-KAR AND 5 OTHERS
THESE WRIT PETITIONS ARE COMING ON FOR PRELIMINARY
HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
ORAL ORDER
Challenging following orders passed by II Addl. District and Sessions Judge, Davanagere, these writ petitions are filed.
SL.No. WRIT DATE OF C.MISC.No. ANNEXURE
PETITION No. ORDER
1 8758/2025 08.11.2024 75/2021 L
2 8779/2025 08.11.2024 250/2019 K
3 9152/2025 08.11.2024 78/2021 N
4 20266/2025 29.04.2025 254/2019 J
5 20397/2025 29.04.2025 58/2020 K
6 20404/2025 29.04.2025 63/2020 K
7 20652/2025 29.04.2025 88/2020 K & K1
8 20857/2025 29.04.2025 251/2019 K
2. Sri HV Devaraju, learned counsel for petitioner submitted, writ petitions were filed by Electricity Transmission Company, challenging orders/award passed by District Court in -7- NC: 2025:KHC:38380 WP No. 8758 of 2025 C/W WP No. 8779 of 2025 WP No. 9152 of 2025 HC-KAR AND 5 OTHERS petitions filed under Section 16 (3) of Indian Telegraph Act, 1885 ('Act' for short).
3. It was submitted, respondents claimed to be owners of different extents of lands as stated in table below:
SL.No. WRIT PETITION No. SY.No. EXTENT 1 8758/2025 145/2, 2 Acres Komaranahalli 15 guntas village, Malebennur Hobli, Harihara Taluk, Davanagere District 2 8779/2025 70/3, Nanditavare 1 Acre village, Malebennur Hobli, Harihara Taluk, Davanagere District 3 9152/2025 144/1 & 143/2, 2 Acres Komaranahalli 16 guntas village, Malebennur Hobli, Harihara Taluk, Davanagere District 4 20266/2025 66/4p1, Nanditavare 2 Acres village, Malebennur 13 guntas Hobli, Harihara Taluk, Davanagere District 5 20397/2025 128/2, 1 Acre Komaranahalli 20 guntas village, Malebennur Hobli, Harihara Taluk, Davanagere District 6 20404/2025 67/1, 2 Acres Lakkashettihalli -8- NC: 2025:KHC:38380 WP No. 8758 of 2025 C/W WP No. 8779 of 2025 WP No. 9152 of 2025 HC-KAR AND 5 OTHERS village, Kasaba 2 guntas Hobli, Harihara Taluk, Davanagere District 7 20652/2025 143/1, 2 Acres Komaranahalli 15 guntas village, Malebennur Hobli, Harihara Taluk, Davanagere District 8 20857/2025 79/1, Nanditavare 11 Acres village, Malebennur 7 guntas Hobli, Harihara Taluk, Davanagere District
4. It was alleged by them that in year 2006, petitioner had drawn 66 KV High Tension Line over their lands, which had caused damage to their crops/trees, and even lands had suffered diminution of value. Therefore, they had filed petitions before District Judge, Davanagere, under Section 16 (3) of Act.
5. It was submitted, on appearance, it was noticed that petitions were filed nearly 13 years after drawing of lines and would be clearly barred by Limitation. Therefore, filed objections opposing claim petitions as being barred by limitation. It also led evidence to substantiate same. However, learned District Judge did not consider same and allowed petitions in part and directed petitioner to pay compensation. It -9- NC: 2025:KHC:38380 WP No. 8758 of 2025 C/W WP No. 8779 of 2025 WP No. 9152 of 2025 HC-KAR AND 5 OTHERS was submitted, said awards were contrary to law laid down by Hon'ble Supreme Court in case of Kerala State Electricity Board v. TP Kunhaliumma, reported in AIR 1977 SC 282, wherein it was held that period of limitation prescribed for filing of application/petition for damages under Section 16(3) of Act, would be three years as prescribed under Article 137 of Limitation Act. It was submitted, said judgment was followed by this Court in WP no.22208/2019 disposed of on 27.02.2024. Thus, impugned orders/awards would be unsustainable and prayed for quashing of same by allowing writ petitions.
6. It is seen that specific grounds was urged by petitioner herein before trial Court as well as in this writ petition. Respondents though served, have chosen to remain unrepresented. Therefore, petitions were clubbed together, heard and taken up for disposal.
7. From above, claim of respondents about they being owners of extents of lands and drawing of Overhead Electricity Transmission Lines by petitioner herein is not in dispute. It is not in dispute that owners of lands would be entitle for compensation for damage sustained due to drawing of
- 10 -
NC: 2025:KHC:38380 WP No. 8758 of 2025 C/W WP No. 8779 of 2025 WP No. 9152 of 2025 HC-KAR AND 5 OTHERS Overhead Transmission Lines over their lands. But, as per ratio laid down by Hon'ble Supreme Court in TP Kunhaliumma's case (supra), period of limitation for filing of application for damages under Section 16 (3) of Act would be three years from date of drawing of Transmission Lines. Perusal of applications filed by respondents would indicate omission about stating date of drawing of transmission lines. However, in objections filed, petitioner herein has specifically stated about drawing of lines more than three years prior to filing of applications and 22.09.2014 being date of commissioning of transmission line. And in cross examination of respondent-applicant, admission is secured about said date. Since, applications for damages are filed beyond period of three years after date of drawing/commissioning of line, same would be bared by period of limitation prescribed in Art.137 of Limitation Act.
8. It is also seen that similar contentions urged by petitioner herein in WP no.8738/2025 has been considered and petition was allowed on 09.09.2025. Present writ petition being similar, would be covered by said decision.
- 11 -
NC: 2025:KHC:38380
WP No. 8758 of 2025
C/W WP No. 8779 of 2025
WP No. 9152 of 2025
HC-KAR AND 5 OTHERS
9. Following order passed by this Court in WP
no.8738/2025, writ petitions are allowed; following
orders/awards passed by II Addl. District and Sessions Judge, Davanagere, are quashed as barred by limitation.
SL.No. WRIT DATE OF C.MISC.No. ANNEXURE
PETITION No. ORDER
1 8758/2025 08.11.2024 75/2021 L
2 8779/2025 08.11.2024 250/2019 K
3 9152/2025 08.11.2024 78/2021 N
4 20266/2025 29.04.2025 254/2019 J
5 20397/2025 29.04.2025 58/2020 K
6 20404/2025 29.04.2025 63/2020 K
7 20652/2025 29.04.2025 88/2020 K & K1
8 20857/2025 29.04.2025 251/2019 K
Sd/-
(RAVI V HOSMANI)
JUDGE
AV
List No.: 1 Sl No.: 35