- 1 - NC: 2025:KHC:9619 WP No. 1515 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 1515 OF 2025 (LA-RES) BETWEEN: M.S. BASAVARAJU, S/O LATE M. SHIVAIAH, AGED ABOUT 58 YEARS, R/AT DATTATREYA TEMPLE STREET, T.R. NAGARA, CHALLAKERE - 577 522, CHITRADURGA DISTRICT …PETITIONER (BY SRI. ABHISHEK M.B, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU - 560 001. 2. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MINOR IRRIGATION AND GROUND WATER DEVELOPMENT VIKASA SOUDHA, BENGALURU - 560 001. 3. THE EXECUTIVE ENGINEER (E.E) DEPARTMENT OF MINOR IRRIGATION AND GROUND WATER DEVELOPMENT CHITRADURGA - 577 501. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9619 WP No. 1515 of 2025 4. THE ASSISTANT EXECUTIVE ENGINEER ( A E E) DEPARTMENT OF MINOR IRRIGATION AND GROUND WATER DEVELOPMENT SUB DIVISION J.C.R 3RD CROSS, CHITRADURGA - 577 501. 5. THE DEPUTY COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER, DC BUILDING, CHITRADURGA - 577 501. 6. THE ASSISTANT COMMISSIONER, REVENUE SUB DIVISION, OFFICE OF THE ASSISTANT COMMISSIONER, DC BUILDING, CHITRADURGA - 577 501. …RESPONDENTS (BY SRI. SPOORTHY HEDGE N, HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS. QUASH IMPUGNED ENDORSEMENT DATED 01.10.2024 PRODUCED AT ANNX-G ISSUED BY R-4 HEREIN AS IT IS ULTRA VIRES, ARBITRARY AND ILLEGALLY UNCONSTITUTIONAL AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader is directed to take notice for all the respondents. 2. The petitioner had given a representation to respondent No.3-Executive Engineer, Department of Minor - 3 - NC: 2025:KHC:9619 WP No. 1515 of 2025 Irrigation, Chitradurga, seeking determination of compensation for 30 guntas of land which was retained by the petitioner in Sy.No.1/1 of Vishveshwarapura, Kasaba Hobli, Challakere Taluk but was submerged on account of the check dam constructed by the respondents. Respondent No.3 has given the impugned endorsement dated 01.10.2024 at Annexure-G, stating that although it is true that the check dam was constructed, nevertheless, 30 guntas of land which is claimed by the petitioner, can be restored in favour of the petitioner and therefore, there is no need to pay compensation. Learned counsel for the petitioner, however submits that it is impossible to restore the land since the land is submerged in water. 3. This Court finds that in many such cases, writ petitions are filed before this Court seeking direction to the Special Land Acquisition Officer or the Deputy Commissioner to determine the compensation and pay the same, since the lands have been utilized without acquisition. However, this Court also finds that such representation cannot be considered by the Special Land Acquisition Officer or the Deputy Commissioner, without an acquisition notification being issued by the State Government, which alone has got the power of eminent - 4 - NC: 2025:KHC:9619 WP No. 1515 of 2025 domain. On the other hand, if such representations are given, the competent authority can hold an enquiry and find out as to whether the lands have been utilized without acquisition notification. And if it is found that the lands have been utilized without acquisition notification, the competent authority may recommend to the State Government to issue notification of acquisition and thereafter, the Special Land Acquisition Officer or the Deputy Commissioner, as the case may be, will get the power to determine compensation and fix the award in accordance with law. 4. In the light of the above, the writ petition stands disposed of with a direction to respondent No.3-Executive Engineer, who has issued the impugned endorsement at Annexure-G that if it is possible to restore the land in favour of the petitioner, respondent No.3 may do so in accordance with law. On the other hand, if it is found that the land cannot be restored in favour of the petitioner, then respondent No.3 along with respondent No.5-Deputy Commissioner shall recommend to the State Government for the issuance of a notification for the acquisition of lands submerged in water, the State - 5 - NC: 2025:KHC:9619 WP No. 1515 of 2025 Government may consider the same and proceed in accordance with law. Ordered accordingly. The entire exercise shall be completed as expeditiously as possible and at any rate within a period of six months from the date of receipt of a copy of this order. SD/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 8 CT: BHK