- 1 - HC-KAR NC: 2025:KHC-D:8867 WP No. 107584 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 107584 OF 2024 (LA-RES) BETWEEN: 1. VARUN S/O. GURUNATH PATIL, AGE: 44 YEARS, OCC: AGRICULTURE, R/O. HOUSE NO. #B 23, RAMAKRISHNA NAGAR, NEAR BALA MARUTHI TEMPLE, GOKUL ROAD-580030, HUBLI, TQ: HUBLI, DIST: DHARWAD. 2. SANDEEP S/O. GURUNATH PATIL, AGE: 43 YEARS, OCC: AGRICULTURE, R/O. HOUSE NO. #B 23, RAMAKRISHNA NAGAR, NEAR BALA MARUTHI TEMPLE, GOKUL ROAD, HUBLI UDYAMNAGAR-580030, TQ: HUBLI, DIST: DHARWAD. …PETITIONERS (BY SRI.ARAVIND D. KULKARNI, ADVOCATE) AND: 1. STATE OF KARNATAKA, PWD DEPARTMENT, REPRESENTED BY SECRETARY, VIKASASOUDHA, 3RD FLOOR, BENGALURU-560 001. 2. STATE OF KARNATAKA, PWD DEPARTMENT, REPRESENTED BY CHIEF ENGINEER (CE), SIR. M. VISVESVARAYA ROAD, DHARWAD CIRCLE DHARWAD-580 001. 3. STATE OF KARNATAKA, PWD DEPARTMENT, REP. BY SUPERINTENDENT ENGINEER (SE), SIR M. VISVESVARAYA ROAD DHARWAD CIRCLE, Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:8867 WP No. 107584 of 2024 DHARWAD-580 001. 4. STATE OF KARNATAKA, PWD DEPARTMENT, REPRESENTED BY EXECUTIVE ENGINEER (EE), DHARWAD DIVISION, SIR. M. VISVESVARAYA ROAD, DHARWAD CIRCLE, DHARWAD-580001. 5. STATE OF KARNATAKA, PWD DEPARTMENT, REPRESENTED BY ASSISTANT EXECUTIVE ENGINEER (AEE), SUB-DIVISION, HUBLI, DIST: DHARWAD, HUBBALLI-580020. 6. DEPUTY COMMISSIONER, OFFICE OF DEPUTY COMMISSIONER, DHARWAD-580008. 7. ASSISTANT COMMISSIONER/SLAO, (SPL. LAND ACQUISITION OFFICER), OFFICE OF ASSISTANT COMMISSIONER, DHARWAD-580001. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1-R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 20/06/2023 GIVEN BY THE PETITIONERS HEREIN TO THE RESPONDENT NO.7, WHICH IS PRODUCED AT ANNEXURE-B AND TO INITIATE/CONTINUE THE ACQUISITION PROCEEDINGS AND PAY THE COMPENSATIONS TO THE PETITIONERS IN ACCORDANCE WITH THE PROVISIONS OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013, AND b) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO PAY THE RENT OR DAMAGES FROM THE DATE OF UTILIZATION TILL PAYMENT OF COMPENSATION FOR HAVING UTILIZED THE PORTION OF THE LAND WITHOUT ACQUISITION AND WITHOUT PAYMENT OF COMPENSATION AND ETC. - 3 - HC-KAR NC: 2025:KHC-D:8867 WP No. 107584 of 2024 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) This petition is filed by the petitioners seeking mandamus directing the respondents to consider the representation dated 20.06.2023 and to initiate the acquisition proceedings and thereafter pay compensation to the petitioners in accordance with provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, ‘the Act, 2013’). 2. Petitioners are the owners of agricultural land bearing Survey No.278 measuring 9 acre, 10 gunta of Koliwad village, Taluka-Hubballi. It is the grievance of petitioners that respondents without initiating the process of acquisition and without paying any compensation to the petitioners have laid down the road, for which, 29 gunta of petitioners’ land has been utilized for the same. It is contended by learned counsel for petitioners that - 4 - HC-KAR NC: 2025:KHC-D:8867 WP No. 107584 of 2024 petitioners are the owners of land in question, the respondents have intended to form a road in the land belong to the petitioners, which was objected to by the petitioners and it was requested to acquire the same in accordance with law, fix the compensation and to pay the same and continue with the acquisition process. 3. The respondents assured that they will acquire the land in question and pay the compensation as per the entitlement. Petitioners gave several representations to the respondents and to the Government, it was further forwarded to respondent No.7/SLAO to initiate acquisition proceedings to an extent of 29 gunta of land belong to the petitioners. However, it was not considered. Hence, petitioners are before this Court for non-consideration of their representation to acquire the land and to pay the compensation in accordance with law. Despite the recommendation made and forwarding of the letters to the concerned authorities, no action is taken by respondents and the petitioners/land losers have lost their rights over - 5 - HC-KAR NC: 2025:KHC-D:8867 WP No. 107584 of 2024 land, hence approached the respondents for compensation, which they are legally entitled to. 4. Due to inaction of the respondents and non consideration of the representation and having not initiated acquisition process and for non-payment of compensation under the Act of 2013, the petitioners are before this Court. 5. The petitioners have relied upon the orders of this Court in Writ Petition No.102821/2024 (LA-RES) and Writ Petition No.104273/2024 (LS-RES) to contend that similar identical land losers, petitions came to be allowed and hence, they seek similar order in their favour. 6. The learned HCGP appearing for respondents does not dispute the orders passed by this Court in the matters referred to hereinabove by the petitioners. Hence, I pass the following : - 6 - HC-KAR NC: 2025:KHC-D:8867 WP No. 107584 of 2024 ORDER (i) Petition is allowed. (ii) Wirt of mandamus is issued directing 7th respondent/SLAO to consider the representation dated 20.06.2023 and initiate acquisition process with respect to the land of the petitioners having acquired and utilized for formation of the road. (iii) The respondents shall also pay compensation to the petitioners’ inconsonance to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 along with all statutory benefits and interest and other benefits as provided under the Act, 2013. (iv) The exercise of acquisition and payment of compensation shall be concluded within an - 7 - HC-KAR NC: 2025:KHC-D:8867 WP No. 107584 of 2024 outer limit of six months from the date of receipt of copy of this order. Sd/- (PRADEEP SINGH YERUR) JUDGE CKK CT-MCK