- 1 - HC-KAR NC: 2025:KHC-D:13054 WP No. 106375 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106375 OF 2025 (LA-RES) BETWEEN: 1. G. JYOTI W/O. SHNKAR RAO, AGE: 56 YEARS, OCC. AGRICULTURE, 2. RAJAPAGOL S/O. SHIVASHANKAR RAO AGE: 52 YEARS, OCC. AGRICULTURE, 3. G. SHIVASHANKAR RAO S/O. PIRUVENGOLAYYA, AGE: 60 YEARS, OCC. AGRICULTURE, 4. SHARANAPPAGOUDA S/O. SHIVANAGOUDA, AGE: 40 YEARS, OCC. AGRICULTURE, ALL ARE R/O. JIRAL VILLAGE, TQ. KANAKAGIRI, DIST. KOPPAL. …PETITIONERS (BY SRI. LINGRAJ S. MARADI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER KOPPAL-583231. 2. THE ASSISTANT COMMISSIONER KOPPAL-583231. 3. THE EXECUTIVE ENGINEER MINOR IRRIGATION AND GROUND WATER DEVELOPMENT, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13054 WP No. 106375 of 2025 DIVISION OFFICER, KOPPAL-583231. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONER VIDE ANNEXURE-C TO PASS AN AWARD FOR STANDING TREES SITUATED IN SY.NO.36/B, 28/2/1, 35/1/CP/1, 84 IN THE INTEREST JUSTICE AND EQUITY.2. ISSUE ANY OTHER DIRECTION AS THIS HON BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THERIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent Nos.1 to 3. 2. The petitioners are before this Court seeking for the following reliefs: 1. Issue writ of Mandamus directing the respondents to consider the representation of the petitioner vide Annexure-C to pass an award for standing trees situated in Sy.No.36/B, 28/2/1, 35/1/CP/1, 84 in the interest justice and equity. 2. Issue any other direction as this Hon’ble Court deems fit in the circumstances of the case, in the interest of justice and equity. - 3 - HC-KAR NC: 2025:KHC-D:13054 WP No. 106375 of 2025 3. The contention of the petitioners is that out of the lands of the petitioner which had been acquired, the trees in only one of the survey number has been taken into consideration while passing an award. The trees in the other survey numbers have not been taken into consideration. 4. This, in my considered opinion, would require a factual determination and a mandamus cannot be issued since the same would also amount to seeking for enhancement of compensation, for which the petitioners have an alternative remedy by seeking for reference under Subsection (1) of Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 5. Reserving such liberty to the petitioners to file such a reference, the petition stands disposed. - 4 - HC-KAR NC: 2025:KHC-D:13054 WP No. 106375 of 2025 6. If a request is made by the petitioners for such reference, respondents shall consider and order reference within 30 days from the date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE SH CT:PA List No.: 1 Sl No.: 19