MR SIDDESH vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:56410
WP No. 16831 of 2026
CNR: KAHC010374642026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 8 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 16831 OF 2026 (GM-KEB)
BETWEEN:
1. MR. SIDDESH,
S/O SOMASHEKAR,
AGED ABOUT 36 YEARS,
RESIDING AT NO.9, LG LAYOUT,
GUNJUR VILLAGE, VARTHUR HOBLI,
BENGALURU EAST TALUK - 560 087.
2. MR.SHIVA KUMAR V.,
S/O LATE VINAYAGAM,
AGED ABOUT 50 YEARS,
RESIDING AT NO.436/2, 5TH CROSS,
SYED BLOCK, ANNASANDRAPALYA,
VIMANAPURA,
BENGALURU - 560 017.
3. SMT.ANJALEE TIWARI,
W/O CHINMAYA SAMANT SINGH,
AGED ABOUT 39 YEARS,
R/AT HRUSHIKESH BHAVAN,
F-201, 1ST CROSS, VAGDEVI LAYOUT,
MUNNEKOLALA, MARATHAHALLI,
BENGALURU - 560 087.
4.
SMT.SNEHA SUMAN BARANWAL,
W/O KANHAIYA PRASAD BARANWAL,
Digitally signed
by SUVARNA T
Location: HIGH
COURT OF
KARNATAKA
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WP No. 16831 of 2026
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AGED ABOUT 37 YEARS,
R/AT FLAT NO.A-004,
GOPALAN ATLANTIS APARTMENT,
ECC ROAD, NEAR DEANS ACADEMY,
WHITEFIELD,
BENGALURU - 560 066.
…PETITIONERS
(BY SRI. LOKESH C., ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REPRESENTED BY ITS
MANAGING DIRECTOR,
KPTCL, CORPORATE OFFICE, KPTCL,
KAVERI BHAVAN,
BENGALURU - 560 001.
2. CHIEF ENGINEER ELECTRICITY,
TRANSMISSION ZONE, KPTCL
ANAND RAO CIRCLE,
GANDHINAGAR,
BENGALURU - 560 009.
3.
GENERAL MANAGER (TECHNICAL),
CORPORATE OFFICE, KPTCL,
KAVERI BHAVAN,
BENGALURU - 560 001.
4. THE EXECUTIVE ENGINEER (ELE),
KPTCL ANAND RAO CIRCLE,
GANDHINAGAR,
BENGALURU - 560 009.
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HC-KAR
NC: 2026:KHC:56410
WP No. 16831 of 2026
CNR: KAHC010374642026
5. M/S.AKARSHA REALTY PRIVATE LIMITED,
HAVING ITS REGISTERED OFFICE AT:
NO.2/4, LANGFORD GARDEN,
RICHMOND TOWN,
BENGALURU, KARNATAKA,
INDIA - 560 025.
…RESPONDENTS
(BY SRI.PRAKASH MALLAPPA GANIGER, HCGP FOR R1;
SRI.DEVARAJU H.V., ADVOCATE FOR R2 TO R4;
SRI.SAMMITH S, ADVOCATE FOR R5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTION
RESTRAINING THE RESPONDENTS, THEIR OFFICIALS, AGENTS
OR ANYBODY CLAIMING THROUGH THEM FROM ERECTING,
SHIFTING, REALIGNING OR CONTINUING THE 66 KV EPIP-
CHANDAPURA DC HIGH TENSION TRANSMISSION LINE IN
CLOSE PROXIMITY TO THE PETITIONERS RESIDENTIAL SITES
BEARING SITE NOS. 9, 34, 24 AND 36 FORMED IN
SY.NO.132/2, LG LAYOUT, GUNJUR VILLAGE, VARTHUR HOBLI,
BENGALURU EAST TALUK AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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WP No. 16831 of 2026
CNR: KAHC010374642026
ORAL ORDER
The writ petition is filed seeking the following prayer.
PRAYER
WHEREFORE, the Petitioners most
respectfully pray that this Hon'ble Court may be
pleased to:
a) Issue a writ in the nature of Mandamus or
any other appropriate writ, order or direction
restraining the Respondents, their officials, agents
or anybody claiming through them from erecting,
shifting, realigning or continuing the 66 KV EPIP-
Chandapura DC High Tension Transmission Line in
close proximity to the Petitioners' residential sites
bearing Site Nos. 9, 34, 24 and 36 formed in
Sy.No.132/2, LG Layout, Gunjur Village, Varthur
Hobli, Bengaluru East Taluk:
b) Direct the Respondents to maintain the
existing alignment of the transmission line and
not to shift or divert the same towards the
residential layout of the Petitioners and adjoining
site owners;
c) Issue a Writ in the nature of Certiorari or
any other appropriate Writ, order quashing the
Letter/Communication dated:03.12.2024 bearing
No. CEE/TZB/SEE(O)/AE-2/2024-25/-13736-38
issued by Respondent No.2 vide Annexure-B
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WP No. 16831 of 2026
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d) Issue such other writ, order or direction
as this Hon'ble Court deems fit in the interest of
justice and equity.
2. It is the case of the petitioners that the petitioners
are the absolute owners of Site Nos. 9, 34, 24, and 36,
respectively, formed out of Sy. No. 132/2, LG Layout, situated
at Gunjur village, Varthur Hobli, Bengaluru East Taluk. It is the
case of the petitioners that they recently came to know that the
officials of the respondents KPTCL, are proceeding with the
erection, shifting, installation, and continuation of the 66 kV
EPIP-Chandapura DC High Tension Transmission Line through
the premises of Akarsha Realty Pvt. Ltd. and in close proximity
to the petitioners' residential sites and neighboring residential
properties situated in LG Layout. In this regard, respondent No.
2 KPTCL, has issued a communication dated 03.12.2024 to its
General Manager respondent No. 3, for the shifting of the
existing 66 kV EPIP DC line passing over the premises of M/s
Akarsha Realty Pvt. Ltd. The respondents, without issuing any
notices to the petitioners and other owners, are trying to shift
the HT line close to the petitioners' property. Hence, the
petitioners have been constrained to approach this Court.
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WP No. 16831 of 2026
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3. When this matter came up for preliminary hearing,
this Court passed an order on 18.06.2026, which reads as
under:
” It is the grievance of the petitioners
that respondent No.3 is shifting the existing
66 KV EPIP DC transmission line, which was
passing over the premises of M/s.Akarsha
Reality Pvt. Ltd., into the adjacent land of the
petitioners. It is shifted within four feet of
the petitioners wall and it will damage the
property of the petitioners. The counsel for
the petitioners further submits that, the
respondent authorities cannot permit them to
shift the same.
Sri. H.V.Devaraju, learned counsel
accepts notice on behalf of KPTCL. It is
submitted that, at the request of M/s.Akarsha
Reality Pvt. Ltd, they have permitted to shift
the line in their own land. It is submitted that
M/s. Akarsha Reality Pvt. Ltd., is the
necessary party to the present writ petition.
It is submitted that the respondents are
supervising the said work and that is within
the permissible limits. It is further submitted
that the shifting is at a distance of 6 meters
from the petitioners property.
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WP No. 16831 of 2026
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When petitioners have mentioned about
rd
the 3 parties at paragraph No.5 of the writ
petition, they should have made them parties
to the writ petition. The petitioners shall
implead him as a respondents to this writ
petition by next date of hearing.
Considering the submission made by the
learned counsel, there shall be stay of further
construction, erection, installation, shifting or
continuing of the 66 KV EPIP High
Transmission Line in close proximity to the
petitioners residential site, till the next date
of hearing.
The impleading application shall be filed
within one week from today.
."
List this matter on 25.06.2026
4. Learned counsel for the petitioners submits that
notice is required to be given to the petitioners as the
transmission line that is going to be erected will cause
inconvenience and damage to the petitioners' property.
According to the petitioners, without issuing a notice, the
respondents cannot lay the transmission line. It is the
submission that, at the behest of respondent No.5, they are
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now shifting the said transmission line from one end to the
other, which causes lot of hardship to the petitioners.
5. As per the order passed by this Court, respondent
No.5 was later impleaded. He has filed detailed objections
before this Court, stating that the shifting of the transmission
line is being undertaken only pursuant to the approvals granted
to the KPTCL authorities and subject to the technical conditions
and safety requirements stipulated by the competent authority.
It is stated that the existing 66 kV EPIP High Tension
Transmission line passes through the center of the property
belonging to respondent No.5, thereby substantially affecting
the development and optimal utilization of the said property.
Respondent No.5 then submitted a representation to the
Superintendent Engineer seeking the shifting/re-alignment of
the existing 66 kV EPIP High Tension Transmission line within
the boundaries of respondent No.5's property. Pursuant to the
said representation, the Superintending Engineer, KPTCL,
issued a communication dated 31.08.2024 calling upon
respondent No.5 to furnish the requisite documents.
Thereafter, an inspection was conducted by the respondents,
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and by communication dated 04.10.2024, it was communicated
that the proposed line shifting work was generally in order, with
the finding that monopoles were to be erected instead of the
existing narrow base towers. Respondent No.5 was called upon
to remit an amount of Rs.6,60,00,000/- towards the shifting of
the existing 66 kV EPIP-Chandapura DC Line, together with
Rs.38,54,352/- towards supervision charges, along with GST at
18%. It is a case that the petitioners are the adjacent
landowners. Now they are erecting the transmission lines in the
property belonging to respondent No.5, and he is spending
huge amounts towards that. Without any cause, the petitioners
have come before the Court and obtained an interim order.
6. It is clearly stated that the revised alignment
maintains a clearance of more than 6 meters from the
petitioners' property, as per the Central Electricity Authority
(Measures relating to safety and Electricity Supply)
Regulations, 2023. As per Regulation 63, the required distance
is 3.0 meters, whereas in this case it is approximately 6
meters. It is submitted that, as per the procedure and after
following due procedure, the respondents have issued
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permission, and in view of the stay granted by this Court, the
entire work is stalled. The petitioners have no locus to file this
petition, and the writ petition has to be dismissed.
7. Learned counsel appearing for respondents Nos. 1
to 4 submits that before passing an order to take steps to shift
the transmission tower from one place to another within the
premises of respondent No. 5, they have followed all the
procedures. As submitted by learned counsel for respondent
No. 5, the required distance is 3.0 meters, and in this case the
approximate distance is 6 meters. The petitioner has come
before the Court without any basis, and the writ petition is
liable to be dismissed.
8. Having heard the learned counsel on either side,
perused the material on record. The Court finds that the sole
grievance of the petitioner is that the respondents are laying
the transmission line near the petitioners' property and that it
will affect their properties. As per the regulations, the minimum
required distance is 3.0 meters, and now it is approximately 6
meters. In that case, the petitioners cannot question the said
action of the respondents. If every person were to object to the
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WP No. 16831 of 2026
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laying of transmission lines simply because they are placing
close to their property and would cause inconvenience, it would
be impossible for the respondents to lay these transmission
towers for public use. As long as the respondents are laying the
towers by following the due procedure contemplated under the
Regulations, the petitioners cannot have any grievance and
cannot come before this Court. The material on record clearly
shows that the respondents are permitted and are laying the
towers as per the procedure. This Court does not find any
reason to interfere with the activity undertaken by the
respondents. In that view of the matter, this Court is passing
the following:
ORDER
i. Accordingly, the writ petition is disposed of
directing the respondents to completely adhere to
the regulations and follow the due procedure.
ii. All IAs in this petition shall stand closed.
SD/-
(LALITHA KANNEGANTI)
JUDGE
BH : List No.: 1 Sl No.: 2