- 1 - HC-KAR NC: 2025:KHC-D:12769 WP No. 102222 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 102222 OF 2025 (LA-RES) BETWEEN: 1. SMT POOJA W/O LATE NAGESH GAMANAGATTI AGE: 46 YEARS, OCC: HOUSEHOLD, R/O: OPP. RAMALINGESHWAR TEMPLE, UNAKAL, TQ. HUBLI, DIST.: DHARWAD – 580 020. 2. GANESH S/O LATE NAGESH GAMANAGATTI AGE: 25 YEARS, OCC: SERVICE, R/O: OPP. RAMALINGESHWAR TEMPLE, UNAKAL, TQ. HUBLI, DIST.: DHARWAD – 580 020. 3. HARASHVARDHANA S/O LATE NAGESH GAMANAGATTI AGE: 22 YEARS, OCC: STUDENT, R/O: OPP. RAMALINGESHWAR TEMPLE, UNAKAL, TQ. HUBLI, DIST.: DHARWAD – 580 020. … PETITIONERS (BY SMT. NIRMALA BANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF PUBLIC WORKS, PORT AND INTERIOR, WATER TRANSPORT DEPARTMENT, Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12769 WP No. 102222 of 2025 VIKAS SOUDHA, BENGALURU - 01, REPRESENTED BY ITS SECRETARY. 2. THE SPECIAL LAND ACQUISITION OFFICER BRTS PROJECT, KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., NWKSRTC TERMINAL BUILDING, B-BLOCK, 2ND FLOOR, NEAR NEW COURT COMPLEX, VIDYANAGAR, HOSUR, HUBBALLI – 580 021 3. THE MANAGING DIRECTOR HUBBALLI-DHAWAD BUS RAPID TRANSIT SYSTEM, NWKSRTC TERMINAL BUILDING, B-BLOCK, 2ND FLOOR, NEAR NEW COURT COMPLEX, VIDYANAGAR, HOSUR, HUBBALLI – 580 021 4. THE DEPUTY COMMISSIONER DHARWAD DISTRICT, DHARWAD – 580 001 … RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1 AND R4; SRI C.V. ANGADI, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION AT ANNEXURE-C AND E DATED. 09.10.2024 AND 30.12.2024 RESPECTIVELY AND PASS AN APPROPRIATE AWARD OF THE COMPENSATION IN RESPECT OF THE PROPERTIES BEARING SY.NO. 1/1B/1 AND SY.NO. 1/1B/2 IN THE INTEREST OF JUSTICE AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER - 3 - HC-KAR NC: 2025:KHC-D:12769 WP No. 102222 of 2025 (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The Petitioners are before this Court seeking for the following reliefs: a. Issue a writ in the nature of Mandamus directing the Respondents to consider the Representation at ANNEXURE-C and E dated 09.10.2024 and 30.12.2024 respectively and pass an appropriate award of the compensation in respect of the properties bearing Sy. No.1/1B/1 and Sy. No.1/1B/2 in the interest of justice. b. Issue any other writ or order as this Hon’ble court deems fit to grant in the facts and circumstances of the case and in the aid main relief sought for. 2. The grievance of the petitioner is that the representation of the petitioner dated 9.10.2024 and 30.12.2024 at Annexures-C and E for making payment of compensation for acquisition of the property of the petitioner has not been considered and paid. It is in that background that the aforesaid reliefs have been sought for. 3. The submission of learned counsel for the petitioner is that the petitioner being owner of the land in survey No.6/1B/1 and survey No.6/1B/2, a registered sale - 4 - HC-KAR NC: 2025:KHC-D:12769 WP No. 102222 of 2025 deed having been executed in favour of the husband of the petitioner No.1, father of petitioner No.2 and 3 had purchased said property along with his father and brother under sale deed dated 28.01.2004 which came to be registered on 2.02.2016 in pursuance of which the petitioner having filed writ petition, the name of the petitioner entered into the revenue records. 4. Sri.C.V.Angadi, learned counsel for respondent No.2 and 3 submits that there are several claimants as regards the said property, inasmuch as part of the property is also owned by the HDMC and as such, the representation of the petitioner could not be considered. 5. Merely because there are several claimants to the property would not entitle respondents No.2 and 3 not to pass any award. It was for respondents No.2 to pass an award, on the basis of the representations and or the claims received and refer the matter to the Land Acquisition Court under Section 39 of the - 5 - HC-KAR NC: 2025:KHC-D:12769 WP No. 102222 of 2025 Karnataka Highways Act read with Section 31 of the Land Acquisition Act, 1894 for the purpose of determining the claimants and apportionment of compensation. That being so, respondent No.2 ought to have passed an award, deposited the compensation amount as regards subject lands in the reference court and left it to the reference court to decide the matter. the same not having been done, I pass the following: ORDER i. The prayer sought for moulded. ii. Respondent No.2 is directed to pass an award, remit the amounts to the reference Court and the reference Court to decide on the claims of the petitioners and any other claims as regard the subject land within a period of 12 weeks from the date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 57