- 1 - NC: 2025:KHC:5859 WP No. 900 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 900 OF 2025 (LA-RES) BETWEEN: SRI NAGEGOWDA S/O LATE NINGEGOWDA AGED ABOUT 60 YEARS JIYARA VILLAGE, KASABA HOBLI H D KOTE TALUK MYSORE DISTSRICT - 571 114. …PETITIONER (BY SRI. KUMBAR VASANT FAKEERAPPA.,ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. OFFICE BUILDING AMBEDKAR VEEDHI REP BY PRINCIPAL SECRETARY BENGALURU - 560 001. 2. THE SPECIAL LAND ACQUISITON OFFICER KABINI RESERVOIR PROJECT MYSOER - 570 001. …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.02 TO CONSIDER THE PETITIONER S CLAIM PETITION DATED 03.02.2021 VIDE AT ANNEXURE-G AND DATED 14.05.2024 VIDE AT ANNEXURE -J. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:5859 WP No. 900 of 2025 CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner is before this Court on second occasion claiming to be the erstwhile owner of land bearing Sy.No.77/1, measuring 6 acres, situated at Jiyara Village, Antharasanthe Hobli, H.D.Kote Taluk, seeking following reliefs: ''(a) Issue a Writ of MANDAMUS, directing the respondent No.02 to consider the petitioner's claim petition dated 03.02.2021 vide at Annexure-"G" and dated 14.05.2024 vide at Annexure-"J". (b) Pass any other Writ, Order, direction, as this Hon'ble Court may deem fit to grant in the circumstances of the Case, with costs, in the interest of justice and equity.'' 2. The case of the petitioner is that the aforesaid land got submerged while implementation of Kabini Reservoir Project undertaken by the respondent-authorities during the year 1963 and it was only thereafter the respondent-authority had issued preliminary notification on 19.10.1993 and final notification on 26.05.1994 and award had been passed on 10.02.1995. That though the petitioner had received the compensation same was under protest. That in view of the law laid down by the Hon'ble Apex Court in the case of R.L. Jain (D) By Lrs vs - 3 - NC: 2025:KHC:5859 WP No. 900 of 2025 Delhi Development Authority, the petitioner was entitled for damages towards the lands which are submerged prior to the issuance of the preliminary notification. Accordingly, petitioner had approached this Court on earlier occasion by filing writ petition in W.P.No.7606/2020, which is disposed of on 10.06.2020 directing the respondent No.2 to consider the representation of the petitioner within 3 months. 3. It is contended that subsequent thereof the respondent-authority had issued a Communication dated 06.12.2021 calling upon the petitioner to file a specific claim petition under Section 28 of the Land Acquisition Act, 1894 within 15 days. Accordingly, petitioner had filed a claim petition as per Annexures-G and J. However, respondent- authorities have not passed any orders on the said claim petitions, despite there being specific orders by this Court as noted above. Hence, the present position. 4. Learned AGA submits that there were certain errors in the calculation made by the petitioner in claim petition, which perhaps led to the delay in passing the appropriate orders. She however fairly submits that given sometime the representation/ - 4 - NC: 2025:KHC:5859 WP No. 900 of 2025 claim petition filed by the petitioner would be considered in accordance with law. 5. Submission taken record. 6. Petition is disposed of, directing the respondent- authority to consider the claim petition of the petitioner produced at Annexures-G and J, keeping in mind the order passed by the Hon'ble Apex Court in the case of R.L. Jain (D) By Lrs (Supra) and appropriate order shall be passed and communicated to the petitioner within an outer limit of three months from the date of receipt of certified copy of this order. SD/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 21