- 1 - NC: 2025:KHC-K:2375 WP No. 201085 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.201085 OF 2025 (LA-RES) BETWEEN: 1) THIMMAREDDY DEAD BY HIS LR’S SAVITRAMMA W/O LATE THIMMAREDDY, AGE: 69 YEARS, OCC: HOUSEHOLD, R/O #96, NEAR ISHWAR TEMPLE, YEGANUR, TALUK & DISTRICT: RAICHUR – 584 134. 2. BASANAGOUDA S/O LATE THIMMAREDDY, AGE: 57 YEARS, OCC: BUSINESS, R/O #96, NEAR ISHWAR TEMPLE, YEGANUR, TALUK & DISTRICT: RAICHUR – 584 134. 3. HANAMANTREDDY S/O LATE THIMMAREDDY, AGE: 52 YEARS, OCC: BUSINESS, R/O #96, NEAR ISHWAR TEMPLE, YEGANUR, TALUK & DISTRICT: RAICHUR – 584 134. 4. SANJEEV REDDY S/O LATE THIMMAREDDY, AGE: 47 YEARS, OCC: BUSINESS, R/O #96, NEAR ISHWAR TEMPLE, YEGANUR, TALUK & DISTRICT: RAICHUR – 584 134. 5. NANDITA W/O LATE MALLAREDDY, AGE: 37 YEARS, OCC: HOUSEHOLD, R/O #96, NEAR ISHWAR TEMPLE, Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2375 WP No. 201085 of 2025 YEGANUR, TALUK & DISTRICT: RAICHUR – 584 134. …PETITIONERS (BY SRI. MAHANTESH PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIDHAN SOUDHA, BENGALURU – 560 001. 2. THE DEPUTY COMMISISONER, RAICHUR, DIST: RAICHUR – 584 101. 3. THE ASSISTANT COMMISSIONER, RAICHUR, DIST: RAICHUR – 584 101. 4. THE TAHASILDAR, RAICHUR, DIST: RAICHUR – 585 101. [[[ …RESPONDENTS (BY SRI. SHESHADRI JAISHANKAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENTS NOT TO UTILIZE THE PETITIONERS LAND BEARING SY.NO.333/*/* (OLD SY.NO.333/*/HISSA Aa) MEASURING 11 GUNTAS OUT OF 16 GUNTAS, SITUATED AT YEGANUR VILLAGE, TALUK & DISTRICT: RAICHUR, WITHOUT FOLLOWING DUE PROCESS OF LAW INITIATING ACQUISITION PROCEEDINGS AS PER RFCTLARR ACT 2013 BY CONSIDERING REPRESENTATION DATED 03.02.2025 VIDE ANNEXURE-F. - 3 - NC: 2025:KHC-K:2375 WP No. 201085 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER (PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri Mahantesh Patil, learned counsel for the writ petitioners as well as learned Additional Government Advocate, who represents the respondents. 2. Learned counsel for the writ petitioners submits that the petitioners are the owners and possessors of 16 guntas of land which is located in Sy. No.333/*/hissa Aa of Yegnur village and Taluq of Raichur District. Steps are being taken by the respondents to utilize the lands of the petitioners for establishment of Airport at Raichur. However, the land was not lawfully acquired and no compensation is paid till now. The respondents are trying to dispossess the petitioners from their land. The petitioners submitted a representation to all concerned on - 4 - NC: 2025:KHC-K:2375 WP No. 201085 of 2025 03.02.2025. However, there is no response. Therefore, the present writ petition is filed. 3. Learned Additional Government Advocate states that the representation of the petitioners will be considered. 4. Admittedly, a procedure is prescribed for acquisition of land for doing any activity for public purpose. In the case on hand, the grievance of the petitioners is that, the acquisition is not as per law and the respondents without actually acquiring the land and paying compensation are trying to raise structures. Therefore, this Court is of the view that there is every requirement to pass appropriate orders to protect the rights of the petitioners. 5. Thus, the writ petition is disposed of with the following: ORDER i) Respondent No.3 – Assistant Commissioner, Raichur is directed to consider the - 5 - NC: 2025:KHC-K:2375 WP No. 201085 of 2025 representation of the petitioners dated 03.02.2025 and pass appropriate orders within a period of eight weeks from the date of receipt of certified copy of this order. ii) Respondents shall take appropriate steps for acquisition of land of the petitioners if required on conducting due enquiry and as per the procedure established by law, in case the same is not done till now. iii) Till the representation of the petitioners is answered, the respondents are directed not to take any steps of raising structures or changing the physical features of the subject property. Sd/- (Dr.CHILLAKUR SUMALATHA) JUDGE LG List No.: 1 Sl No.: 27