- 1 - NC: 2025:KHC-D:3481 WP No. 103574 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.103574 OF 2023 (LA-RES) BETWEEN: SHRI CHANNAVEERAPPA SIDDAPPA NASABI AGE: 41, OCC: AGRICULTURE R/O HALAKUSUGAL VILLAGE TQ. NAVALGUND, DIST. GADAG-582208. …PETITIONER (BY SRI ARAVIND D. KULKARNI, ADVOCATE) AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT REPRESENTED BY ITS SECRETARY VIDHAN SOUDHA, BANGALORE-560001. 2. DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER DHARWAD-580001. 3. ASSISTANT COMMISSIONER OFFICE OF ASSISTANT COMMISSIONER DHARWAD-580001. 4. OFFICE OF THE TAHASILDAR NAVALGUND, DIST. DHARWAD-582208. 5. SRI. VEERANJANEYA TEMPLE TRUST COMMITTEE, HALAKUSUGAL, TQ. NAVALAGUND, DIST: DHARWAD, REPRESENTED BY ITS PRESDENT SRI. KARABASAPPA S/O GANGAPPA GUDISAGAR AGGE ABOUT 29 YEARS, OCC: AGRICULTURE, R/O HALAKUSUGAL, TQ: NAVALAGUND, DIST: DHARWAD. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.21 16:31:07 +0530 - 2 - NC: 2025:KHC-D:3481 WP No. 103574 of 2023 6. SRI. JAYAPPA S/O ARJUN DODAMANI AGE: ABOUT 36 YEARS, OCC: AGRICULTURE, R/O HALAKUSUGAL, TQ. NAVALAGUND, DIST. DHARWAD 7. SRI. BASAVARAJ S/O LINGAPPA NIDAVANI AGE: ABOUT 48 YEARS, OCC: AGRICULTURE R/O NADAVINI LAGE HALAKUSUGAL, TQ. NAVALAGUND, DIST. DHARWAD 8. SRI. RAEENDRA S/O YALLAPPA CHALAVADI AGE: ABOUT 55 YEARS, OCC: AGRICUTLURE, R/O HALAKUSUGAL, TQ. NAVALAGUND, DIST. DHARWAD 9. SRI. VITTAL S/O KRISHNA RAIKAR AGE: ABOUT 53 YEARS, OCC: AGRICULTURE, R/O NIDAVANI LAKE, HALAKUSUGAL, TQ. NAVALAGUND, DIST. DHARWAD 10. SRI. NINGAPPA D. PATIL, AGE: ABOUT 45 YEARS, OCC: AGRICULTURE, R/O HALAKUSUGAL, TQ. NAVALAGUND, DIST. DHARWAD 11. SURESH M. NIDAVANI AGE ABOUT 56 YEARS, OCC: AGRICULTURE, R/O NIDAVANI LAKE, HALAKUSUGAL, TQ. NAVALAGUND, DIST. DHARWAD 12. SRI. BASAPPA S/O MANINGAPPA TALAVAR AGE ABOUT 60 YEARS, OCC: AGRICULTURE, R/O KERI STREET HALAKUSUGAL, TQ. NAVALAGUND, DIST. DHARWAD. …RESPONDENTS (BY SRI M.M.KHANNUR, AGA FOR R1 TO R4, SRI. SURESH SHETTAMMANAVAR, ADVOCATE FOR R5 TO R12) THIS WP IS FILED UNDER SECTION 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT, ON 08/03/2023 THE IMPUGNED ORDER HAS PASSED BY THE TAHASILDAR AND TALUKA EXECUTIVE MAGISTRATE, NAVALGUND, PÀæ.¸ÀA:gÀÄzÀæ¨sÀÆ«Ä:ªÀ» IN NO. 21/16-17 AS PER THE DIRECTION OF THE DEPUTY COMMISSIONER, DHARWAD. WHICH IS - 3 - NC: 2025:KHC-D:3481 WP No. 103574 of 2023 PRODUCED AND MARKED AS ANNEXURE-H. AND ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO ACQUIRE THE LAND IN QUESTION AND CONSEQUENTLY FAIR AND REASONABLE COMPENSATION BE AWARDED AS PER RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: “(i) Issue Writ of Certiorari or any other writ, on 08/03/2023 the impugned order has passed by the Tahasildar and Taluka Executive Magistrate, Navalgund, PÀæ.¸ÀA:gÀÄzÀæ¨sÀÆ«Ä:ªÀ» in no. 21/16-17 as per the direction of the Deputy Commissioner, Dharwad, which is produced and marked as Annexure-H; (ii) Issue writ of mandamus directing the respondents to acquire the land in question and consequently fair and reasonable compensation be awarded as per Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013.” 2. The contention of the petitioner is that petitioner is the owner of land in Sy.No.48/1 of Halakusugal village of Navalgund taluk measuring 8 acres 20 guntas. In the year 2016-2017, the petitioner were approached by the concerned authorities seeking for consent to - 4 - NC: 2025:KHC-D:3481 WP No. 103574 of 2023 acquire and or purchase 2 acres of said land, which land was proposed to be designated for a graveyard and for conducting cremation of the dead persons in the said village. The petitioner had agreed to sell 2 acres of aforesaid property at a cost of Rs.25,00,000/- per acre. Thereafter, no action was taken. 3. Shockingly, in the year 2023, an entry was directed to be made by the Tahasildar in the RTC’s relating to the aforesaid property in column No.11 indicating that the land has been used as graveyard/cremation. It is challenging the same, the petitioner is before this Court seeking for the aforesaid reliefs. 4. Learned counsel appearing for respondents No.5 to 12, who have been subsequently impleaded, submits that the aforesaid land has been used for the purpose of carrying out cremation for several years and as such, the interest of the villagers are being unduly effected by the petitioner not permitting the usage of the land for the said purpose. - 5 - NC: 2025:KHC-D:3481 WP No. 103574 of 2023 5. The requirement of a graveyard/cremation is not in dispute since the dead would have be given a final farewell with dignity. The petitioner essentially is not disputing the usage of the 2 acres of his land for the purpose of graveyard and cremation. But, only contention of petitioner is that same cannot be so used without acquisition and compensation being paid to the petitioner. 6. If that be so, it is for the official respondents to complete the process commenced by them in the year 2016-2017 in terms of the Annexures-A to G of the petition. Without completing the said process, an entry cannot be directed to be made by the Tahasildar in column No.11 of the RTC of the land belonging to the petitioner that the land is being used for the purpose of the graveyard. Without acquisition, the petitioner cannot be forced to make available his land free of cost even for a public purpose of graveyard and or for cremation purpose. In that view of the matter, I pass the following: - 6 - NC: 2025:KHC-D:3481 WP No. 103574 of 2023 ORDER i) Writ petition is allowed. ii) A certiorari is issued. The order dated 08.03.2023 passed by the Tahasildar at Annexure-H is quashed. iii) Liberty is reserved to the official respondents to acquire the said land of the petitioner in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and by private negotiation in terms of applicable law. iv) The submission of learned AGA that the entire process would be completed within two months, is placed on record. In that view of the matter, the petitioner is requested to make available the said land proposed to be now acquired for the purpose of graveyard/cremation and payment made by then. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT:GSM List No.: 1 Sl No.: 23