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2025 DAILYLAW 29783 (KAR)

SRI SADASHIVA v. THE CHAIRMAN VISVESVARAYA JALA NIGAM LIMITED

WP/19715/2021 · 2025-01-29

Jyoti Mulimani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:4133 WP No. 19715 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 19715 OF 2021 (GM-RES) BETWEEN: 1. SRI SADASHIVA S/O KANTA PUJARI, AGED ABOUT 53 YEARS, R/A.HEBBANHALLI, HASSAN-573 214. 2. SRI SHESHAPPA S/O.LATE BUKKAPPA, AGED ABOUT 66 YEARS, R/A.HEBBANAHALLI, HASSAN-573 214. 3. SMT YASHODAMMA W/O KORAGAPPA POOJARI, AGED ABOUT 57 YEARS, R/A.HEBBANAHALLI, HASSAN-573 214. 4. SRI LOKAIAH S/O MANKU MESTHRI, AGED ABOUT 55 YEARS, R/A.HEBBANAHALLI, HASSAN-573 214. 5. SRI VASU S/O GOPAL, AGED ABOUT 35 YEARS, R/A HEBBANAHALLI, HASSAN-573 214. Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:4133 WP No. 19715 of 2021 6. SMT.SHOBHA W/O PUTTARAJU, AGED ABOUT 43 YEARS, R/A MOOGALI, HASSAN-573 214. 7. SMT KAVERI S/O RAMESH, AGED ABOUT 40 YEARS, R/A.HEBBANAHALLI, HASSAN-573 214. 8. SRI RAMA S/O CHINNAPPANAYKA, AGED ABOUT 50 YEARS, R/A.HEBBANAHALLI, HASSAN-573 214. 9. SMT NARSI D/O LATE KANTHU, AGED ABOUT 52 YEARS, R/A.HEBBANAHALLI, HASSAN-573 214. 10. SMT AKKAMMA W/O BALAPPA, AGED ABOUT 60 YEARS, R/A.HEBBANAHALLI, HASSAN-573 214. 11. SRI SOMASHEKAR.B.S. S/O LATE SIDDALINGAIAH, AGED ABOUT 42 YEARS, R/A.HEBBANAHALLI, HASSAN-573 214. 12. SMT SANNU W/O LATE VITALA, AGED ABOUT 48 YEARS, R/A.HEBBANAHALLI, HASSAN-573 214. - 3 - NC: 2025:KHC:4133 WP No. 19715 of 2021 13. SRI LOKESH H D S/O DODDAIAH, AGED ABOUT 32 YEARS, R/A.HEBBANAHALLI, HASSAN-573 214. …PETITIONERS (BY SRI. PAWADEGOWDA., ADVOCATE) AND: 1. THE CHAIRMAN, VISVESVARAYA JALA NIGAM LIMITED, NO.148, GROUND FLOOR, EMBASSY SQUARE, INFANTRY ROAD, BENGALURU DISTRICT-560 001. 2. THE VICE CHAIRMAN, VISVESVARAYA JALA NIGAM LIMITED, NO.148, GROUND FLOOR, EMBASSY SQUARE, INFANTRY ROAD, BENGALURU DISTRICT-560 001. 3. THE MANAGING DIRECTOR, VISVESVARAYA JALA NIGAM LIMITED, NO.148, GROUND FLOOR, EMBASSY SQUARE, INFANTRY ROAD, BENGALURU DISTRICT-560 001. 4. PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT OF KARNATAKA, NO.305/306, VIKASA SOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU - 560 001. …RESPONDENTS (BY SRI. PRASHANTH.B.R., ADVOCATE FOR SMT. SUNITHA SRINIVAS., ADVOCATE) - 4 - NC: 2025:KHC:4133 WP No. 19715 of 2021 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: ORAL ORDER Sri.Pawadegowda., counsel for the petitioners and Sri.Prashanth.B.R., counsel on behalf of Smt.Sunitha Srinivas., for the respondents have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Mandamus directing the respondents to compensate each of the petitioners for Rs.25,00,000/- and a mandamus to construct new house or allocate them alternate suitable land with house. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. The petitioners' grievance is that while building the canal, their houses were damaged and hence, they are seeking compensation of Rs.25,00,000/- each and they have also - 5 - NC: 2025:KHC:4133 WP No. 19715 of 2021 sought a direction to construct a new house or allocate them suitable land with house. The reliefs sought by the petitioners involves disputed question of fact. Such reliefs cannot be accorded in the Writ Petition. The law is well settled that the disputed question of fact cannot be investigated under Article 226 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 TKN List No.: 2 Sl No.: 51