KARNATAKA POWER CORPORATION LIMITED Vs. GOPALKRISHNA

JUDGEMENT

(1.) Regard being had to the similitude in the controversy involved in these two cases, they were heard analogously together and a common order is being passed.

(2.) The facts of the case reveal that W.P.No.7320/2017 filed by the Karnataka Power Corporation Limited at the Principal Seat at Bengaluru is arising out of the order dated 27.10.2016 passed by the Senior Civil Judge, Sirsi, in Execution No.51/2005, which is arising out of LAC.No.10/1998. The order dated 11.11.2016 was also under challenge passed by the learned Senior Civil Judge, Sirsi, in Execution No.51/2005.

(3.) The undisputed facts makes it very clear that Gopalkrishna/respondent in the writ petition is a resident of Hallavalli Post, Kalleshwar Taluk, Ankola, Uttara Kannada District and the execution proceedings are pending before the Senior Civil Judge, Sirsi, which comes under the territorial jurisdiction of Dharwad Bench. Notices were issued in the matter and the sole respondent submitted an application to the Registrar General, High Court of Karnataka on 29.7.2018 stating that he is aged about 69 years, the dispute relates to land acquisition and his land was acquired in 1993. It was stated categorically by him that the Court at Sirsi comes within the territorial jurisdiction of Dharwad Bench of the Karnataka High Court and the petition under Article 227 of the Constitution of India could not have been filed in the Principal Seat at Bengaluru.