- 1 - HC-KAR NC: 2025:KHC-D:14488 WP No. 104821 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 104821 OF 2024 (LA-RES) BETWEEN: 1. SMT. SHANTA BAI W/O. BABU RAO PATIL, AGE: 90 YEARS, OCC: NIL, R/O: HIDKAL, TQ: RAIBAG, DIST: BELAGAVI. 2. SRI. SIDAGOUDA BABU RAO PATIL. AGE: 90 YEARS, OCC: AGRICULTURE, R/O: HIDKAL, TQ: RAIBAG, DIST: BELAGAVI. …PETITIONERS (BY SRI. RAMACHANDRA V. BHAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M. S. BUILDING, BENGALURU – 560 001. 2. THE DEPUTY COMMISSIONER, BELAGAVI, DIST: BELAGAVI – 590 001. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:14488 WP No. 104821 of 2024 3. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, BELAGAVI – 590 001. 4. THE CHIEF EXEUCTIVE OFFICER, TALUK PANCHAYAT, RAIBAG, DIST: BELAGAVI – 590 001. …RESPONDENTS (BY SRI. RAMESH CHIGARI, AGA FOR R1 AND R2, SRI. V. SHIVARAJ HIREMATH, ADV. FOR R3 AND R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO SUBMIT ALL RELEVANT RECORDS COLLECTED BY THE RESPONDENT NO.2 (VIDE ANNEXURES-A TO H) TO THE RESPONDENT NO.1 RECOMMENDING FOR ACQUISITION TO ACQUIRE AND PAY COMPENSATION BY PASSING AN AWARD IN RESPECT OF SY. NO.7/1 MEASURING 4-ACRES 33- GUNTAS (5- GUNTAS PORT KHARAB) AND SY. NO.7/2 MEASURING 2-ACRES 28-GUNTAS TOTALLY MEASURING 7-ACRES 6-GUNTAS OF HIDKAL VILLAGE, TQ. RAIBAG, DIST. BELAGAVI, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - HC-KAR NC: 2025:KHC-D:14488 WP No. 104821 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioners are before this Court seeking the following prayer: “A. Issue writ in the nature of mandamus directing the respondent no.2 to submit all relevant records collected by the Respondent No.2 (vide Annexures-A to H) to the Respondent No.1 recommending for acquisition to acquire and pay compensation by passing an award in respect of sy. no.7/1 measuring 4-Acres 33- Guntas (5- Guntas Port Kharab) and Sy. No.7/2 measuring 2- Acres 28-Guntas totally measuring 7-acres 6- Guntas of Hidkal Village, Tq. Raibag, Dist. Belagavi, in the interest of justice and equity. B. Issue such other suitable order/s or directions as this Hon’ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity. 2. The petitioner Nos.1 and 2 claim to be the joint owners of land bearing Sy. No.7/1 measuring 4 acres 33 guntas (5 guntas pot karab) and Sy. No.7/2 measuring 2 acres 28 guntas totally measuring 7 acres 6 guntas of Hidkal village, Tq. Raibag, Dist. Belagavi. The lands of the petitioners is said to have been acquired without grant of any compensation. Therefore, on conduct of a survey, it transpires that the second respondent or the first respondent recommends for acquisition of - 4 - HC-KAR NC: 2025:KHC-D:14488 WP No. 104821 of 2024 the land of the petitioners and passing an award in the light of the fact that the lands of the petitioners are utilized. 3. The learned AGA on instructions would submit that if reasonable time is granted, the representations of the petitioners would merit consideration in tune with the recommendation so made by the second respondent to the first respondent and necessary orders would be passed in accordance with law as claimed by the petitioners in the representation or the recommendation of the second respondent to the first respondent as the case would be. 4. In the light of the aforesaid submission, I deem it appropriate to dispose the subject petition directing the second respondent to act upon the recommendation made and pass necessary orders in accordance with law at any rate within 12 weeks from the date of receipt of the copy of this order. 5. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RSH / CT: ASC LIST NO.: 1 SL NO.: 46