- 1 - HC-KAR NC: 2025:KHC:52093 WP No. 20229 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 20229 OF 2025 (LB-RES) BETWEEN: 1. SMT NAYANA SHETTY W/O MR.NAVEEN SHETTY AGED ABOUT 58 YEARS R/O FLAT NO.704, VISHWAS TOWERS, COURT BACH ROAD, UDUPI-576101 2. SRI SANTOSH SHETTY S/O. LATE RATNAKAR SHETTY AGE- ABOUT 65 YEARS 1-147B1, HEMA, OPPOSITE TO H.P.PETROL BUNK KATPADI, UDUPI DISTRICT …PETITIONERS (BY SRI. DEVIPRASAD SHETTY., ADVOCATE) AND: 1. DEPUTY COMMISSIONER UDUPI DISTRICT, RAJATHADRI, MANIPAL, UDUPI TALUK-576101. 2. ZILLA PANCHAYATH, RAJATHADRI, MANIPAL UDUPI DISTRICT-576101 REP. BY ITS CHIEF EXECUTIVE OFFICER Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52093 WP No. 20229 of 2025 3. 4. UDUPI GRAM PANCHAYATH AMBALAPADY VILLAGE PANCHAYATH, KIDIYOORU, UDUPI, UDUPI TALUK-576101 REPRESENTED BY ITS PDO DIRECTORATE OF RURAL DEVELOPMENT & PANCHAYATRAJ DEPARTMENT 3RD FLOOR, M.S. BUILDING, BANGALORE-560027. …RESPONDENTS (BY SRI. H.K. KENCHEGOWDA., AGA FOR R1 & R4 SRI. ASHOK NAYAK., ADVCOATE FOR R2 SRI. SHARANJITH SHETTY., ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO 3 TO CONSIDER THE REPRESENTATION OF THE PETITIONERS DATED 07/02/2025 AND 13/03/2025 PRODUCED AS ANNEXURE C AND C1 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioners have sought for a writ in the nature of mandamus directing respondent No.3 to consider the representations dated 07.02.2025 and 13.03.2025. 2. Petitioner No.1 claims to be the owner of land bearing No.54/6AP3 of Kidiyoor Village, Udupi Taluk. The - 3 - HC-KAR NC: 2025:KHC:52093 WP No. 20229 of 2025 petitioner No.2 and his wife had purchased property bearing No.54/6AP4 situated Kidiyoor Village, Udupi Taluk. They both claim that their names were entered in the revenue records. However, when petitioner No.1 visited the property in December 2024, she noticed that on the southern and western side of her property a concrete road was laid. On enquiry, she came to know that respondent No.3 had illegally formed the 12 feet wide road by encroaching into her property. She then approached the respondent No.3 and requested both respondents No.2 and 3 to remove the road illegally formed without her consent. However, the respondents No.2 and 3 have not replied to the same and not removed the encroachment. It is claimed that the road is formed without the requisite permission of the petitioners and hence it is contended that the respondents have illegally formed the road without initiating the process of acquisition and without paying any compensation. In this regard, petitioners submitted two representations dated 07.02.2025 and - 4 - HC-KAR NC: 2025:KHC:52093 WP No. 20229 of 2025 13.03.2025. However, since the same are not considered, the petitioners are before this Court seeking for a direction. 3. The learned counsel for the petitioners reiterated the above contentions and prayed that a direction be issued to the respondents to consider the representations and pay the compensation. 4. When this petition was listed on 01.12.2025, this Court passed the following order: "Learned Additional Government Advocate in response to the order dated 23.10.2025, submits that Karnataka Rural Infrastructure Development Limited (KRIDL) has formed a road in the land of the petitioners. When queried as to how KRIDL could form a road without acquiring the land, the learned Additional Government Advocate submits that the road was formed without acquisition. In that view of the matter, the learned Additional Government Advocate is directed to obtain instructions from the concerned about the amount of compensation that would be paid to the petitioners as per the Right to Fair Compensation and Transparency in Land - 5 - HC-KAR NC: 2025:KHC:52093 WP No. 20229 of 2025 Acquisition, Rehabilitation and Resettlement Act, 2013. List this petition on 10.12.2025." 5. When the writ petition is listed today, the learned Additional Government Advocate submitted that since the road was formed, steps would be taken to pay the compensation in accordance with law. 6. In view of the aforesaid submission, this writ petition is disposed of directing the respondent Nos.1 and 4 to determine the compensation payable to the petitioners in accordance with The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and pay the same to them in accordance with law. 7. List on 25.02.2026 for compliance. Sd/- (R. NATARAJ) JUDGE JT CT: JL