LAWS(KAR)-2018-7-128

A R RAJANNA Vs. ASSISTANT EXECUTIVE ENGINEER

Decided On July 05, 2018
A R Rajanna Appellant
V/S
ASSISTANT EXECUTIVE ENGINEER Respondents

JUDGEMENT

(1.) The petitioners have filed these present writ petitions for a writ of mandamus directing respondent Nos. 1 and 2 to consider their representation dated 11.4.2017, 30.12.2017 and 21.6.2017 as per Annexures-C, D and E and restraining respondent Nos.1 and 2 from drawing or laying power lines through or across the schedule 'A' and 'B' lands without obtaining the permission from the District Magistrate/respondent No.3 in terms of Section 16(1) of the Indian Telegraph Act, 1885.

(2.) It is the case of the petitioners that they are the agriculturists and owners of the agricultural lands in possession of Sy.Nos.125 and 124 of Daradahalli Village, Kasaba Hobli, Mudigere Taluk, Chikmagaluru District described in the schedule and as per Annexures-A and B respectively.

(3.) It is the contention of the petitioners that they have raised Coffee, Silver Oak Trees, Pepper Creeps and Arecanut Plantation in the said properties. Respondent Nos. 1 and 2 were trying to forcibly draw high tension power lines through schedule A and B lands by erecting electric poles on the said lands. Hence, the petitioners made representation to respondent Nos.1 and 2 objecting the proposed laying of the powers lines in their properties. They also made representation to the 3rd respondent not to grant any permission to respondent Nos. 1 and 2 for laying the power lines through the schedule properties. The said representations were not at all considered by the respondents nor passed any orders till today. Therefore, the petitioners are before this Court for the relief sought for.