- 1 - NC: 2025:KHC:12826 WP No. 6183 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 6183 OF 2025 (LA-RES) BETWEEN: SRI. M.L. NAGARJUNA, S/O LATE M.N. LINGARJU, AGED ABOUT 48 YEARS, RESIDING AT SANAMA ROAD, KULLA HALLI, NANJANAGUDU TALUK, MYSORE DISTRICT - 571 314. …PETITIONER (BY SRI. AKSHATHA SHETTY K, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF IRRIGATION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDI, BANGALORE - 570 001, REPRESENTED BY AAG. 2. THE EXECUTIVE ENGINEER CAUVERY NEERAVARI NIGAMA LIMITED, KABINI CHANNEL, NANJANDUG TALUK, MYSURU DISTRICT - 571 314. 3. THE ASSISTANT EXECUTIVE ENGINEER, NO.3, KC SUB-DIVISION, KULLA HALLI, NANJANAGUDU TALUK, Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12826 WP No. 6183 of 2025 MYSORE DISTRICT - 571 314. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N, HCGP FOR R1 AND R3; SRI. K.S. BHEEMAIAH, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CURRENT PIPELINE DESIGN VIDE ANNEXURE-A WHICH ENCROACHES UPON THE PRIVATE AGRICULTURE LAND HELD BY THE PETITIONER 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 The petitioner is aggrieved of the fact that the respondents, more particularly, the Executive Engineer of the Cauvery Neeravari Nigama, who is proposing to put up a water line on the property belonging to the petitioner, has not complied with the directions issued by this Court in a writ petition earlier filed by the petitioner's father, Sri.M.N.Lingaraju in W.P.No.32302/2017. 2. However, learned counsel for the respondent-Nigam submits that in terms of Section 90A of the Karnataka Land - 3 - NC: 2025:KHC:12826 WP No. 6183 of 2025 Revenue Act, 1964, (hereinafter referred to as 'the Act' for short), whenever it is desired to construct a water force to take water for the purpose of agriculture from a source of water through land belonging to a private individual, notice will have to be issued to the said owner of the land, and if the owner agrees to let the water line be laid below the soil, then by way of a private agreement, the authority can proceed to lay the water line. Section 90A(2) provides that the Tahsildar after making an enquiry and after giving to the neighbouring holder and all other persons interested in the land an opportunity of stating any objection to the application and if the Tahsildar is satisfied that it is for ensuring full and efficient use for agriculture of the land belonging to the applicant. It is necessary to construct the water course; the Tahsildar may, by order in writing, direct the neighbouring land owner to permit the applicant to construct the water course, subject to the conditions stated therein. Learned counsel would therefore submit that as and when the water line is required to be laid in the land belonging to the petitioner, the respondent-Nigam will follow the due process as contemplated in Section 90A of the Act. - 4 - NC: 2025:KHC:12826 WP No. 6183 of 2025 3. Having regard to the submissions made by the learned counsel for the respondent- Cauvery Neeravari Nigama, the writ petition stands disposed of while directing that if at all the respondents are required to make use of the land belonging to the petitioner for the purpose of laying the water lines, they shall do so only by following the procedure contemplated in Section 90A of the Act, 1964. Ordered accordingly. Sd/- (R DEVDAS) JUDGE rv CT: BHK