- 1 - NC: 2025:KHC-D:1784 WP No. 103615 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 103615 OF 2024 (LA-RES) BETWEEN: SHIVAPUTRAPPA DODDAVEERAPPA PATTANSHETTI, SINCE DEAD BY HIS LR’s. 1. DODDAVEERAPPA S/O. SHIVAPUTRAPPA PATTANSHETTI, AGE. 46 YEARS, OCC. AGRICUTLURE, R/O. M.K.HUBLI, TQ. BAILHONGAL, DIST. BELGAVI. BASAPPA FAKIRAPPA JOTAGANAAVAR SINCE DEAD BY HIS LR’s. 2. PRAKASH S/O. BASAPPA JOTGANAAVAR AGE. 47 YEARS, OCC. AGRICUTLURE, R/O. M.K.HUBLI, TQ. BAILHONGAL, DIST. BELGAVI. YASHAVANT DEMAPPA HALAGI SINCE DECEASED BY HIS LR’s. 3. ASHOK YASHAVANT HALAGI AGE. 60 YEARS, OCC. AGRICUTLURE, R/O. M.K.HUBLI, TQ. BAILHONGAL, DIST. BELGAVI. MOHAMMAD ALI MUGUTASAB BAWAKHAN P.A. HOLDER OF 4. MUGUTASAB JAMALSAB BAWAKHAN AGE. 59 YEARS, OCC. AGRICUTLURE, R/O. M.K.HUBLI, TQ. BAILHONGAL, DIST. BELGAVI. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.01 15:31:15 +0530 - 2 - NC: 2025:KHC-D:1784 WP No. 103615 of 2024 YALLAPPA RAMAPPA NEGINHAL SINCE DECEASED BY HIS LR’s. 5. VITHAL S/O. YALLAPPA NEGINHAL AGE. 25 YEARS, OCC. AGRICUTLURE, R/O. M.K.HUBLI, TQ. BAILHONGAL, DIST. BELGAVI. RUDRAPPA LAKKAPPA JOTAKKANAVAR SINCE DECEASED BY HIS LR’s. 6. UDAY RUDRAPPA JOTAKKANAVAR AGE. 22 YEARS, OCC. AGRICUTLURE, R/O. M.K.HUBLI, TQ. BAILHONGAL, DIST: BELGAVI. 7. GOPAL S/O. SANNFAKIRAPPA HALAGI AGE. 68 YEARS, OCC. AGRICUTLURE, R/O. M.K.HUBLI, TQ. BAILHONGAL, DIST: BELGAVI. SHIVABASAPPA MALLESHAPPA GANIGER SINCE DECEASED BY HIS LR’s. 8. SMT. SANGEETA W/O. RAMALING GANGI AGE. 52 YEARS, OCC. AGRICUTLURE, R/O. M.K.HUBLI, TQ. BAILHONGAL, DIST. BELGAVI. 9. SANJEEV S/O. KALLAPPA NEGINHAL AGE. 42 YEARS, OCC. AGRICUTLURE, R/O. M.K.HUBLI, TQ. BAILHONGAL, DIST: BELGAVI. 10. SHIVALINGAPPA S/O. MALLESHAPPA NEGINHAL, AGE. 55 YEARS, OCC. AGRICUTLURE, R/O. M.K.HUBLI, TQ. BAILHONGAL, DIST. BELGAVI. …PETITIONERS (BY SRI. OMKAR L. DESAI, ADVOCATE) - 3 - NC: 2025:KHC-D:1784 WP No. 103615 of 2024 AND: 1. THE SPECIAL LAND ACQUISITION OFFICER MALAPRABHA PROJECT-III, BAGALKOT, DIST. BAGALKOT-587103. 2. THE EXECUTIVE ENGINEER KARNATAKA NEERAVARI NIGAM LIMITED, MLBC DIVISION NO.2, NAVILUTHEERTH, TQ. SAUNDATTI, DIST. BELAGAVI-590001. …RESPONDENTS (BY SRI. M.M.KHANNUR, ADDL. GOVT. ADVOCATE FOR R1; SMT. SURABHI KULKARNI, ADVOCATE FOR 2) 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 OF DIRECTIONS DIRECTING THE RESPONDENT NO.1 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. 474/1A+ 1B MEASURING 10 GUNTAS, SY.NO. 456/2+3/A MEASURING 12 GUNTAS, SY. NO. 526/1 MEASURING 39 GUNTAS, SY. NO. 517/2+1 MEASURING 08 GUNTAS, SY NO. 504/1 MEASURING 35 GUNTAS, SY. NO. 503/1A MEASURING 10 GUNTAS, SY. NO. 456/5+6+9+10/1A MEASURING 14 GUNTAS, SY. NO. 526/26 MEASURING 09 GUNTAS, SY. NO. 514/5 MEASURING 17 GUNTAS, SY. NO. 507/1 MEASURING 05 GUNTAS, SY. NO. 473/1A+1B+1C MEASURING 07 GUNTAS AND SY. NO. 506/1 MEASURING 24 GUNTAS TO THE PETITIONER RESPECTIVELY WITH ALL CONSEQUENTIAL BENEFITS TAKING INTO CONSIDERATION SIMILAR DAMAGES/AWARDS PASSED BY THE 1ST RESPONDENT IN THE ENDS OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: - 4 - NC: 2025:KHC-D:1784 WP No. 103615 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Petitioner is before this Court seeking for the following reliefs: 1. Issue a writ of mandamus or any other order of directions directing the Respondent No.1 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. 474/1A+ 1B measuring 10 guntas, Sy.No. 456/2+3/A measuring 12 guntas, Sy. No. 526/1 measuring 39 guntas, Sy. No. 517/2+1 measuring 08 guntas, Sy No. 504/1 measuring 35 guntas, Sy. No. 503/1A measuring 10 guntas, Sy. No. 456/5+6+9+10/1A measuring 14 guntas, Sy. No. 526/26 measuring 09 guntas, Sy. No. 514/5 measuring 17 guntas, Sy. No. 507/1 measuring 05 guntas, Sy. No. 473/1A+1B+1C measuring 07 guntas and Sy. No. 506/1 measuring 24 guntas to the petitioner respectively with all consequential benefits taking into consideration similar damages/awards passed by the 1st Respondent in the ends of justice and equity. OR 2. Issue a writ of Mandamus or any directions, directing Respondent No. 1 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 v/s L A O and others. AIR 2016 SC 1565. 3. Issue a writ of Mandamus or any directions, directing the Respondents to pay interest for - 5 - NC: 2025:KHC-D:1784 WP No. 103615 of 2024 the delayed payment period, in the ends of justice and equity. 4. Any other relief as deemed fit in the facts and circumstances of the case 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 and as such representation was submitted on 07.08.2018 for grant of damages/award. 4. Smt.Surabhi Kulkarni, 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 - 6 - NC: 2025:KHC-D:1784 WP No. 103615 of 2024 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. 8. Respondent No.1 shall pass necessary orders within 60 days from the date of receipt of certified copy of this order. CKK List No.: 1 Sl No.: 72 Sd/- (SURAJ GOVINDARAJ) JUDGE