Karnataka High Court
The Special Land Acquisition Officer ... vs Rangamma on 7 August, 2025
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
-1-
NC: 2025:KHC:30784
WP No. 27326 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
WRIT PETITION NO. 27326 OF 2024 (GM-KEB)
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER AND
COMPETENT AUTHORITY
POWER GRID CORPORATION OF INDIA LIMITED,
REG. UNDER COMPANIES ACT, 1952,
NO.5, TIRUMALA NILAYA,
NEAR SWAMI VIVEKANANDA COLLEGE,
VIJAYANAGARA LAYOUT,
PAVAGADA 561 202.
TUMKUR DISTRICT,
REP BY ITS GENERAL MANAGER,
MS JAYASHREE T.J.,
2. THE DEPUTY GENERAL MANAGER,
STA TO ED M/s. POWER GRID CORPORATION
OF INDIA LIMITED,
YELAHANKA CONSTRUCTION AREA,
NEAR RTO DRIVING TEST TRACK
Digitally signed by
SINGANAYAKANAHALLI,
GEETHAKUMARI
PARLATTAYA S BANGALORE - 560 064.
REP BY ITS GENERAL MANAGER,
Location: High
Court of Karnataka MS JAYASHREE T.J.
...PETITIONERS
(BY SRI M.C. THIMMAIAH, ADVOCATE FOR
SRI JOSHUA HUDSON SAMUEL, ADVOCATE)
AND:
1. RANGAMMA,
W/O LATE SIDDAPPA,
AGED ABOUT 72 YEARS,
AT CHIKKAHANUMENAHALLI VILLAGE,
THONDEBHAVI HOBLI,
-2-
NC: 2025:KHC:30784
WP No. 27326 of 2024
HC-KAR
GOWRIBIDANUR TALUK-560 208,
CHIKKABALLAPURA DISTRICT.
2. THE ARBITRATOR,
LAND ACQUISITION AND
DEPUTY COMMISSIONER,
CHIKKABALLAPURA DISTRICT,
CHIKKABALLAPURA 562 101.
...RESPONDENTS
(BY SRI CHETHAN B.C., ADVOCATE FOR R1;
SMT. VAHEEDA, AGA FOR R2 V/O DATED 04.10.2024)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO DIRECT QUASHING THE
ORDER DATED 08.04.2024 PASSED BY THE III ADDL. DISTRICT AND
SESSIONS JUDGE, CHIKKABALLAPURA, IN CIVIL MISC.NO.24/2022,
PRODUCED AT ANNEXURE-J AND CONSEQUENTLY DISMISS CIVIL
MISC NO.24/2022.
THIS WRIT PETITION IS 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
This writ petition is filed for following reliefs:
"Issue a writ order or direction in the nature of a Certorarified Mandamus, quashing the order dated 08.04.2024 passed by the III Additional District and Sessions Judge, Chikkaballapura, in Civil Misc. No.24/2022, produced at Annexure-J and consequently dismiss Civil Misc. No.24/2022 and etc.," -3-
NC: 2025:KHC:30784 WP No. 27326 of 2024 HC-KAR
2. Learned counsel for petitioners as well as learned counsel for respondents submit that authority competent to determine compensation under Section 16 (3) of Indian Telegraph Act, 1885 ('Act' for short) would be District Judge. Therefore, impugned order remanding petition filed under Section 16 (3) by District Judge to District Magistrate as done in impugned order would be unsustainable.
3. Heard learned counsel and perused writ petition records.
4. From above, utilization of land of respondent no.1 by petitioners for drawing of transmission lines and respondent no.1 filing petition for determination of compensation before III Additional District and Sessions Judge, Chikkaballapura, in Misc.Case no.24/2022 under Section 16 (3) and (4) of Act is not in dispute.
5. As submitted above as well as position in law is that District Magistrate would not be competent to determine compensation for damages sustained by land owner and proper authority prescribed under Section 16 (3) of Act would be -4- NC: 2025:KHC:30784 WP No. 27326 of 2024 HC-KAR jurisdictional District Judge. In view of above, impugned order passed by learned District Judge remanding matter back to District Magistrate would be unsustainable. Consequently, following:
ORDER
(i) Writ petition is allowed.
(ii) Impugned order dated 08.04.2024
passed in Misc.Case no.24/2022 is
quashed and same is restored to
file of III Additional District and
Sessions Judge, Chikkaballapura, for determination whether respondent no.1 herein is entitled for compensation under Section 16(3) of Indian Telegraph Act, 1885.
(iii) Since both parties are represented, they are directed to appear before learned III Additional District and Sessions Judge, Chikkaballapura, on 01.09.2025 without awaiting notice. -5-
NC: 2025:KHC:30784 WP No. 27326 of 2024 HC-KAR
(iv) Learned District Judge to continue proceedings from stage of framing proper issues, provide opportunity to lead evidence to parties and thereafter dispose of petition, in accordance with law.
Sd/-
(RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 57