- 1 - NC: 2025:KHC-D:3701 WP No. 100184 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100184 OF 2025 (LB-RES) BETWEEN: PRABU S. KUBASAD, AGE: 58 YEARS, OCC: PRIVATE SERVICE, R/O. GANESH COLONY, 5TH CROSS, NEKAR ONI, OLD HUBBALLI, DISTRICT: DHARWAD-580020. …PETITIONER (BY SRI. H.M. DHARIGOND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION, M.S. BUILDING, BENGALURU-560001. 2. THE COMMISSIONER, HUBLI-DHARWAD MUNICIPAL CORPORATION, LUMINGATION ROAD, HUBLI, DISTRICT: DHARWAD-580001. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1; SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R2) 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 DIRECT THE SECOND RESPONDENT TO PAY COMPENSATION AMOUNT TO THE PETITIONER AT THE RATE OF PRESENT MARKET VALUE OF THE PROPERTY AND ALSO ALLOT HIM AN ALTERNATIVE SITE WITHIN THE HDMC JURISDICTION BY CONSIDERING THE REPRESENTATION DATED 24-12-2012 VIDE ANNEXURE-N IN THE LIGHT OF THE ORDER PASSED BY THIS HON’BLE COURT IN W.P. NO.103084/2017 DATED 5-3-2021 VIDE ANNEXURE-S AND ETC. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.27 17:00:42 +0530 - 2 - NC: 2025:KHC-D:3701 WP No. 100184 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs; a) A writ in the nature of mandamus direct the second respondent to pay compensation amount to the petitioner at the rate of present market value of the property and also allot him an alternative site within the HDMC jurisdiction by considering the representation dated 24-12-2012 vide ANNEXURE-N in the light of the order passed by this hon’ble court in W.P. No.103084/2017 dated 5-3-2021 vide Annexure- S. b) Any other writ or direction from this Hon’ble Court is deems fit under the circumstances of acts of the case, in the interest of justice and equity. 2. 2. The contention of petitioner was that the site bearing CTS No.163/69A situated at Ward No.III, Deshpande Nagar, Hubballi has been acquired by respondent No.2 without making payment of compensation and it is in that back ground the petitioner though had initially made a representation for payment of compensation and subsequently, another representation for allotment of alternative site. The same not having been considered, the - 3 - NC: 2025:KHC-D:3701 WP No. 100184 of 2025 petitioner is before this Court seeking for the aforesaid reliefs. 3. Learned counsel Sri G.I.Gachchinamath appearing for respondent-HDMC submits that when an earlier direction had been issued by this Court to consider the representation, the HDMC has considered the same and issued endorsement dated 23.11.1993 to come forward and collect the compensation amount along with simple interest. The said endorsement was also communicated by the respondent-HDMC to the counsel for the petitioner under letter dated 26.11.1999. It is in that view of the matter, i.e., contempt petition filed in CCC.No.710/1999, came to be disposed taking on record the letter dated 26.11.1999 issued by the HDMC to the counsel for the petitioner along with which, the endorsement dated 23.11.1999 had been enclosed. Liberty was also reserved to the petitioner to challenge the said letter, if he was so aggrieved. The said order in the - 4 - NC: 2025:KHC-D:3701 WP No. 100184 of 2025 contempt proceeding having been passed on 09.12.1999, the petitioner has not chosen to challenge the endorsement dated 23.11.1999 till today. But has submitted further representation, which had been directed by this Court to be considered and pass orders. 4. Sri G.I.Gachchinamath submits that the said representation has also been considered and orders passed. The petitioner would be entitled to come forward and collect the amount of compensation as awarded as detailed in the endorsement dated 23.11.1999, which respondent No.2 submits would be paid within 2 weeks from today, if petitioner were come forward. 5. Having gone though the said documents as indicated above, it is seen that the contempt proceedings in CCC.No.710/1999 had been disposed of in view of the endorsement dated 23.11.1999. - 5 - NC: 2025:KHC-D:3701 WP No. 100184 of 2025 6. Though the contention of Sri H.M.Dharigond, the learned counsel for the petitioner is that the said letter has not been addressed to the petitioner, but addressed to the Corporation Advocate. The facts still remains that the contempt proceedings were disposed reserving liberty to petitioner to challenge the said letter. The same not having been challenged, the petitioner cannot go on making submitting representations and now claim for alternative site to be allowed. There is no vested right in the petitioner to an alternative site to be allotted. 7. At the most, the petitioner would be entitled to compensation amount as indicated in the letter dated 23.11.1999 along with interest thereon. Hence, the petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 1 Sl No.: 18