- 1 - NC: 2025:KHC:6913 WP No. 60418 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 60418 OF 2016 (GM-RES) BETWEEN: 1. SMT.GANGUBAI W/O LATE DURGOJI RAO, AGED ABOUT 60 YEARS, R/O BESIDES CHOUDAMMA TEMPLE, LOKIKERI ROAD, INDUSTRIAL AREA, DAVANGERE-577 004. 2. SRI. PARASHURAMA S/O LATE HANUMANTHAPPA, AGED ABOUT 46 YEARS, COOK S.C. S T HOSTEL, RESIDING AT NO.146/47, NEAR DURGAMBIKA TEMPLE, CHIKKANAHALLI EXESNION, NITUVALLI, DAVANGERE-577 004. 3. SMT. PARVATHAMMA D/O LATE HANUMANTHAPPA, W/O RAMACHANDRA RAO, AGED ABOUT 65 YEARS, RESIDING AT NO.146/47, NEAR DURGAMBIKA TEMPLE, CHIKKANAHALLI EXTENSION, NITUVALLI, DAVANGERE-577 004. …PETITIONERS (BY SRI. K.G.SHANTHARAJA., ADVOCATE) Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6913 WP No. 60418 of 2016 AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, DAVANGERE DISTRICT, DAVANGERE-577 004. 3. THE EXECUTIVE ENGINEER, PANCHAYATRAJ ENGINEERING DIVISION, DAVANGERE-577 004. 4. THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, CHITRADURGA-577 016. 5. THE EXECUTIVE ENGINEER, NO.5, BHADRA CANAL DIVISION, DAVANAGERE-577 002. 6. THE ASSISTANT DIRECTOR, KARNATAKA RURAL INFRASTRUCTURE DEVELOPMENT LIMITED, BYPASS ROAD, DAVANGERE-577 004. …RESPONDENTS (BY SRI. MANJUNATHA RAYAPPA., AGA FOR R1, 2, 4 & 5; SRI. PRASHANTH.B.R., ADVOCATE FOR R5; R3 & 6-SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: - 3 - NC: 2025:KHC:6913 WP No. 60418 of 2016 ORAL ORDER Sri.Shantharaja.K.G., counsel for the petitioners and Sri.Manjunatha Rayappa., AGA for respondents 1, 2 & 4 and Sri.Prashanth.B.R., counsel for respondent No.5 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Mandamus or any other Writ or direction directing the respondents to initiate acquisition proceedings in respect of land Sy.No.177 measuring 18 guntas of Avaregere village, Davangere Taluk and District as per letter dated:06.06.2014 of the Deputy Commissioner, Davangere vide Annexure-K and representation dated:06.07.2015 submitted by the petitioner to the Deputy Commissioner, Davangere vide Annexure-P and pay the compensation to the petitioners within the time frame to be fixed by this Hon'ble Court. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. The petitioners have sought a direction to initiate acquisition proceedings and to pay the compensation to the - 4 - NC: 2025:KHC:6913 WP No. 60418 of 2016 petitioners. A perusal of the petition averments and the relief sought by the petitioners depicts that there are disputed questions of fact. Such a relief cannot be accorded in the Writ Petition. The law is well settled that the disputed questions of fact cannot be investigated under Article 226 and 227 of the Constitution of India. Hence, I decline to exercise power under the writ jurisdiction. 5. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 15