- 1 - NC: 2025:KHC:5409 WP No. 35880 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 35880 OF 2024 (LA-RES) BETWEEN: SRI. P. SUNANDAMURTHY S/O LATE G.T. PUTTARANAGAPPA AGED ABOUT 71 YEARS, R/AT NO.19, AMRUTHA NILAYA, I CROSS, KALIDASA CIRCLE, SRINAGAR, BENGALURU - 560 050. …PETITIONER (BY SMT. J. KALADEEPA, ADVOCATE FOR SRI. PATEEL G.S, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHDA, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001. 2. THE PRINCIPAL SECRETARY AND EX-OFFICIO PRESIDENT, REHABILITATION AND RESETTLEMENT, LAND ACQUISITION DIVISION, DEPARTMENT OF LAND REVENUE, 5TH FLOOR, M.S. BUILDING, DR. AMBEDKAR VEEDHI , BANGALORE - 560 001. 3. THE DEPURTY COMMISSIONER, TUMKUR DISTRICT, DR. B.R. AMBEDKAR ROAD, TUMKUR - 572 101. Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:5409 WP No. 35880 of 2024 4. THE SPECIAL LAND ACQUISITION OFFICER YETTINAHOLE PROJECT, NEAR TILAK PARK, GANDHINAGAR CIRCLE, GANDINAGAR, TUMKUR - 572 102. 5. SRI. PUTTAIAH LATE HUCHAIAH AGED ABOUT 62 YEARS 6. SMT. RATHNAMMA D/O LATE HUCHAIAH AGED ABOUT 62 YEARS 7. SMT. NINGAMMA D/O LATE HUCHAIAH AGED ABOUT 64 YEARS 8. SRI. MAHESH S/O MAHALINGAPPA GRANDSON OF MALLAIAH, AGED ABOUT 42 YEARS, 9. SRI. MYLARAPPA S/O LATE MALLAIAH AGED ABOUT 52 YEARS 10. SRI. NINGARAJU S/O LATE MALLAIAH AGED ABOUT 52 YEARS 11. SRI. N.R PARASANNA KUMAR S/O LATE M.S. RAJASHEKARAPPA AGED ABOUT 48 YEARS 12. SRI. N.R. MANJUNATH, S/O M.S. RAJSHEKKARAPPA AGED ABOUT 46 YEARS 13. SMT. PREMALEELA N R D/O LATE M.S. RAJASHEKARAPPA - 3 - NC: 2025:KHC:5409 WP No. 35880 of 2024 AGED ABOUT 60 YEARS 14. SMT. SUMITHRA D/O LATE M.S. RAJASHEKARAPPA AGED ABOUT 58 YEARS, 15. SMT. BHAGYAMMA N.R, D/O LATE M.S. RAJASHEKARAPPA, AGED ABOUT 54 YEARS, RESPONDENTS NO.5 TO 15 ARE R/OF NAGATHIHALLY VILLAGE, KONEHALLI POST, KASABA HOBLI, TIPTUR TALUK, TUMKUR DISTRICT - 572 202. …RESPONDENTS (BY SRI. B. SUKANYA BALIGA, AGA FOR R1 TO R4; SRI. VASANTHA KUMARA, ADVOCATE FOR R11 TO R15; R5, R6, R8, R9 AND R10 SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE RESPONDENTS. DIRECT THE R4 TO MAKE NECESSARY CORRECTIONS IN THE AWARD DATED 28/08/2024 AT ANN-S BY CONSIDERING THE REPRESENTATIONS MADE BY THE PETITIONERS BY ANNX-U AND U1 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL - 4 - NC: 2025:KHC:5409 WP No. 35880 of 2024 ORAL ORDER Case of the petitioner is that he is absolute owner in possession of land in Sy.Nos.51/1, 51/5, 51/8, 51/9 and 51/10 of Markondahalli Village, Kasba Hobli, Tiptur Taluk, Tumkur District, which is situated adjacent to the land in Sy.Nos.51/4 and 51/12 which belongs to are Huchcha S/o . Buddaiah. That though the petitioner is not the owner of land in Sy.Nos.51/4 and 51/12, he is in possession of the same and has effected improvement to the said land by growing fruit bearing trees and other valuable timber trees. That the name of the petitioner though not mentioned in the revenue records same finds mention in the joint measurement report which is produced at Annexure-H, wherein petitioner has been shown to be in possession of land in Sy.No.51/4. 2. Learned counsel for the petitioner reiterating the contents of the writ petition further submits that respondents Nos.4 to 15 are the legal representatives of the original owner of the land in Sy.Nos.51/4 and 51/12 and further submits that the only grievance of the petitioner is that, though in the joint measurement report register petitioner is shown to be in the possession of land in Sy.No.51/4, the award that is passed by - 5 - NC: 2025:KHC:5409 WP No. 35880 of 2024 respondent No.4 as produced at Annexure-S, the name of the petitioner is not included. She further submits that accordingly, petitioner has made a representation dated 15.04.2024 and 05.12.2024 before the respondent-Special Land Acquisition Officer as per Annexures-U and U1 and the same has not been considered till date. Hence, the petition seeking following reliefs: a) "Issue writ or order or direction in the nature of writ of Mandamus directing the respondent no.4 to make necessary corrections in the award dt.28.8.2024 at Annexure S by considering the representations made by the petitioners at Annexure-U dated 15.04.2024 and Annexure-U1 dated 05.12.2024. b) Grant such other writ or order or directions as deems fit by this Hon'ble court in the circumstances of the case including the cost of the proceedings, in the interest of justice and equity." 3. Learned counsel for private respondent Nos.11 to 15 submits that, the private respondents are the absolute owners of the lands and the petitioner has no claim of nay nature over the same. As such, seeks for dismissal of the petition. 4. Learned Additional Government Advocate appearing for respondent No.5. However, submits that the in view of - 6 - NC: 2025:KHC:5409 WP No. 35880 of 2024 name of petitioner having been shown in the Joint measurement report matter will be re-considered and appropriate order including reference under Sections 30 and 31 of the Land Acquisition Act, if required be made considering the claims and counter claims of the petitioner and the private respondents. 5. Submission taken on record. 6. Respondent-Special Land Acquisition Officer is directed to consider the claim of the petitioner as well as the objections/counter claims of the private respondents in this petition by providing sufficient opportunity and shall pass orders on the representation in accordance with law, if need be making reference under Sections 30 and 31 of the Land Acquisition Act as expeditiously as possible. Accordingly, petition is disposed of. SD/- (M.G.S. KAMAL) JUDGE PK List No.: 1 Sl No.: 14 CT: BHK