- 1 - NC: 2025:KHC-D:3856 WP No. 102898 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 102898 OF 2024 (LA-RES) BETWEEN: 1. BASAPPA FAKIRAPPA RAHUT DEAD BY HIS LRS VINOD S/O BASAPPA RAHUT AGE 49 YEARS, OCC. AGRICULTURE R/O M.K.HUBLI, TQ. BAILHONGAL 2. SOMAWWA W/O PARAPPA GANIGER DEAD BY HIS LRS SMT KASHAWWA W/O SHIVABASAPPA GANIGER AGE 70 YEARS, OCC. AGRICULTURE R/O M.K.HUBLI, TQ. BAILHONGAL 3. VENKAPPA SHIVAPPA TORAGAL SINCE DECEASED BY HIS LRS BASAVARAJ S/O VENKAPPA TORAGAL AGE 50 YEARS, OCC. AGRICULTURE R/O M.K.HUBLI, TQ. BAILHONGAL MOHAMMADALI IMAMSAB BAWAKHAN SINCE DECEASED BY HIS LRS Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:3856 WP No. 102898 of 2024 4. GOVASE S/O MOHMMADALI BAWAKHAN AGE 60 YEARS, OCC. AGRICULTURE R/O M.K.HUBLI, TQ. BAILHONGAL 5. MAHARUDRAPPA BASAPPA GANACHARI SINCE DECEASED BY HIS LRS SURESH S/O MAHARUDRAPPA GANACHARI AGE YEARS, OCC. AGRICULTURE R/O M.K.HUBLI, TQ. BAILHONGAL 6. NAGENDRA CHANNAPPA GANACHARI AGE 80 YEARS, OCC. AGRICULTURE R/O M.K.HUBLI, TQ. BAILHONGAL 7. NAGAPPA S/O HOLEPPA KADAKOL AGE 64 YEARS, OCC. AGRICULTURE R/O M.K.HUBLI, TQ. BAILHONGAL 8. VITHAL S/O MUDAKAPPA SONTAKKI AGE 58 YEARS, OCC. AGRICULTURE R/O M.K.HUBLI, TQ. BAILHONGAL 9. SHANKREPPA KRISHNAPPA KENCHARAHUT SINCE DECEASED BY HIS LRS SIDDAPPA S/O SHANKREPPA KENCHARAHUT AGE 48 YEARS, OCC. AGRICULTURE R/O M.K.HUBLI, - 3 - NC: 2025:KHC-D:3856 WP No. 102898 of 2024 TQ. BAILHONGAL 10. GANGADHAR FAKIRAPP RAHUT SINCE DECEASED BY HIS LRS ARUN S/O GANGAPPA RAHUT AGE 65 YEARS, OCC. AGRICULTURE R/O M.K.HUBLI, TQ. BAILHONGAL 11. HUSSAINSAB RAJESAB NADAF SINCE DECEASED BY HIS LRS DASTAGIRSAB S/O HUSSAINSAB NADAF OCC. AGRICULTURE R/O M.K.HUBLI, TQ. BAILHONGAL …PETITIONERS (BY SRI. OMKAR LAXMAN DESAI,ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER MALAPRABHA PROJECT-III, BAGALKOT DIST. BAGALKOT 2. THE EXECUTIVE ENGINEER KARNATAKA NEERAVARI NIGAM LIMITED MLBC DIVISION NO.2, NAVILUTHEERTH TQ. SAUNDATTI DIST. BELAGAVI …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1; SRI. M.B. KANAVI., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTIONS DIRECTING THE RESPONDENT NO.1 TO CONSIDER THE REPRESENTATION DATED 07- 08-2018 VIDE ANNEXURE-C AND PAY THE * Corrected vide court order dated 05.08.2025 Sd/- SGRJ - 4 - NC: 2025:KHC-D:3856 WP No. 102898 of 2024 DAMAGES/COMPENSATION AMOUNT FROM THE DATE OF TAKING POSSESSION TILL THE DATE OF 4(1) NOTIFICATION IN RESPECT OF SY.NO.402 MEASURING 5 ACRE 2 GUNTAS, SY.NO. 514/2+3+4/1 MEASURING 16 GUNTAS, SY.NO. 415/1+2A MEASURING 26 GUNTAS, SY.NO.416/1 MEASURING 13 GUNTAS. SY.NO.517/3B+4+7/2B/1 MEASURING 10 GUNTAS, SY.NO.528 MEASURING 36 GUNTAS, SY.NO.484/1 MEASURING 01 ACRE 33 GUNTAS, SY.NO.421/2B/1 MEASURING 28 GUNTAS, SLY.NO.414/1A/1 MEASURING 19 GUNTAS. SY.NO.417/1A/2 MEASURING 10 GUNTAS, SY.NO.413/1 MEASURING 01 ACRE 34 GUNTAS, SY.NO.403 MEASURING 01 ACRE 10 GUNTAS AND SY.NO.466/1B MEASURING 01 ACRE 37 GUNTAS AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a. Issue a writ of Mandamus or any other order or directions directing the R1 to consider the representation dated: 07.08.2018 vide Annexure-C and pay the damages/compensation amount from the date of taking possession till the date of 4(1) Notification in respect of Sy.No.402 measuring 5 Acre 2 Guntas, Sy.No. 514/2+3+4/1 measuring 16 guntas, Sy.No. 415/1+2A measuring 26 guntas, Sy.No.416/1 measuring 13 guntas. Sy.No.517/3B+4+7/2B/1 measuring 10 guntas, Sy.No.528 measuring 36 guntas, Sy.No.484/1 measuring 01 acre 33 guntas, Sy.No.421/2B/1 measuring 28 guntas, Sly.No.414/1A/1 measuring 19 guntas. Sy.No.417/1A/2 measuring 10 guntas, Sy.No.413/1 measuring 01 acre 34 guntas, Sy.No.403 measuring 01 acre 10 guntas and Sy.No.466/1B measuring 01 acre 37 guntas to the - 5 - NC: 2025:KHC-D:3856 WP No. 102898 of 2024 petitioners respectively with all consequential benefits taking into consideration similar damages/awards passed by the 1st Respondent in the ends of justice and equity. b. Issue a writ of Mandamus or any directions, directing R1 to pay additional interest by way of damages, at the rate of 15% per annum from the period between taking possession till 4(1) Notification as held by the Hon’ble Supreme Court in the case of Balwan Sing and Others vs. LAO and others, AIR 2016 SC 1565. c. Issue a writ of Mandamus or any directions, directing the Respondents to pay interest for the delayed payment period, in the ends of justice and equity. 2. Petitioners claim to be the owners of the various lands which were acquired for the purpose of Malaprabha Reservoir Project and award has been passed on 24.12.2009 granting certain compensation, which compensation was enhanced by the Reference Court. 3. The petitioners claim that even before the acquisition proceedings were completed, possession of lands of the petitioners were taken by respondents depriving the petitioners of income from the said properties - 6 - NC: 2025:KHC-D:3856 WP No. 102898 of 2024 and as such representation was submitted on 07.08.2018 for grant of damages/award. 4. Sri.M.B.Kanavi, learned counsel for the respondent No.2 however contends that the possession was not taken over prior to the acquisition being completed and as such, no damages/award of similar amount would have to be paid in favour of the petitioners. 5. A representation is submitted by the petitioners on 07.08.2018, the fact remains that no order has been passed thereon. Even if, the respondents have good ground on merits, it was for the respondents to pass an order on the said representation either accepting or rejecting the representation. 6. Needless to say that, if the representation is rejected, the same would be accompanied by reasons. 7. In that view of the matter, reserving liberty to the petitioners and respondents to agitate all the issues before respondent No.1, petition stands disposed of. - 7 - NC: 2025:KHC-D:3856 WP No. 102898 of 2024 8. Respondent No.1 shall pass necessary orders within 60 days from the date of receipt of certified copy of this order. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 0