Gopal Monappa Poojary Vs the Deputy Commissioner/… — Writ and Judicial Review | Karnataka HC (2026)

Gopal Monappa Poojary Vs the Deputy Commissioner/… — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Writ Petition dismissed as withdrawn; liberty reserved to the petitioners to approach the appropriate authority for redressal of their grievance (enhancement of compensation) in accordance with law; all contentions on determination and enhancement of compensation kept open; pending I.As disposed of.

Issue for consideration

Whether the impugned order dated 18.10.2022 passed by the Deputy Commissioner/District Magistrate, Udupi (No. MAG(2)/CR-146/2020-C1/E-58194, Annexure-F) ought to be quashed as unsustainable in law.

Court's answer

In view of the statutory remedy available under Section 10(d) of the Telegraph Act, 1885, the Writ Petition stands dismissed as withdrawn, reserving liberty to the petitioners to approach the appropriate authority for redressal of their grievance in accordance with law.

Ratio / Principle

All contentions of the parties with regard to determination and enhancement of compensation are kept open to be urged before the appropriate Authority.

Key takeaways

Pending interlocutory applications, if any, stand disposed of.ratio¶39

Detailed headnote1 paragraphs

Writ Petition No. 21944 of 2024 (GM-KEB) — challenge to order dated 18.10.2022 passed by the Deputy Commissioner/District Magistrate, Udupi in No. MAG(2)/CR-146/2020-C1/E-58194 (Annexure-F) — at the hearing, after arguing the matter for some time, counsel for the petitioners filed a memo to withdraw the petition with liberty to approach the proper authority under Section 10(d) of the Telegraph Act, 1885 for enhancement of compensation — memo taken on record — in view of the statutory remedy under Section 10(d) of the Telegraph Act, 1885, Writ Petition dismissed as withdrawn, reserving liberty to approach the appropriate authority for redressal in accordance with law — all contentions of the parties on determination and enhancement of compensation kept open — pending I.As disposed of. (Oral Order dated 15.04.2026, Coram: Hon'ble Mrs. Justice K.S. Hemalekha)

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NC: 2026:KHC:20370 WP No. 21944 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 21944 OF 2024 (GM-KEB)

ETWEEN:

GOPAL MONAPPA POOJARY AGED ABOUT 68 YEARS, S/O LATE MONAPPA POOJARY,

BHAVANI G POOJARY AGED ABOUT 61 YEARS, W/O LATE GOPALA MONAPPA POOJARY

Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

BOTH ARE R/AT: PADU MANE, YASHMI PRIYA FARM HOUSE, SANTHOOR VILLAGE, POST SANTHOOR - 574 113. KAUP TAULK, UDUPI DISTRICT.

…PETITIONERS

(BY SRI. KANTARAJ TAVANE.,ADVOCATE)

AND:

THE DEPUTY COMMISSIONER/ DISTRICT MAGISTRATE UDUPI DISTRICT, RAJATADRI,

2 - NC: 2026:KHC:20370 WP No. 21944 of 2024

HC-KAR

MANIPAL - 576 104. UDUPI DISTRICT.

UDUPI KASARGUDU TRANSMISSION LTD STAIR LIGHT TRANSMISSION LIMITED A PUBLIC SECTOR UNDERTAKING COMPANY REGISTERED WITH COMPANIES ACT HAVING ITS OFFICE AT ABCO TRADE CENTRE NATIONAL HIGHWAY-66 KOTTARA CHAUKI, MANAGLURU-575006 UDUPI DISTRICT REPRESENTED BY ITS DEPUTY GENERAL MANAGER.

…RESPONDENTS

(BY SMT. RASHMI RAO.,HCGP FOR R1;

SRI. V SRINIVAS RAGHAVAN.,SENIOR COUSNEL FOR SRI. N RAJESWARA.,ADVOCATE FOR R2)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD.18.10.2022 PASSED IN NO. MAG(2)/CR-146/2020-C1/E-58194 ON THE FILE OF THE R-1 DEPUTY COMMISSIONER / DISTRICT MAGISTRARE, UDUPI VIDE ANNX-F AND TO DECLARE THE SAME AS UNSUSTAINABLE UNDER LAW AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

3 - NC: 2026:KHC:20370 WP No. 21944 of 2024

HC-KAR

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL ORDER

After arguing the matter for sometime, learned counsel for the petitioners files a memo seeking to withdraw the Writ Petition with liberty to approach the appropriate Authority for enhancement of compensation. The said memo reads as under:

" The counsel for the petitioner hereby withdraws the present petition against the liberty granted by the Hon'ble Court to approach the proper authority under Section 10(d) of the Telegraph Act. This memo may be taken on record in the interest of justice and equity ."

The said memo is taken on record.

In view of the statutory remedy available under

Section 10(d) of the Telegraph Act, 1885, the Writ Petition

stands dismissed as withdrawn reserving liberty to approach the appropriate authority for redressal of their grievance in accordance with law.

4 - NC: 2026:KHC:20370 WP No. 21944 of 2024

HC-KAR

It is made clear that all contentions of parties

with regard to determination and enhancement of compensation are kept open to be urged before the appropriate Authority.

Pending I.A's, if any, stands disposed of.

Sd/-

_____________________ JUSTICE K.S. HEMALEKHA

PHM List No.: 1 Sl No.: 19