- 1 - HC-KAR NC: 2025:KHC-D:7802 WP No. 102631 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 102631 OF 2025 (LA-RES) BETWEEN: BASAPPA S/O. GUDADAPPA TOTAD, AGE: 70 YEARS, OCC: AGRICULTURE, R/O. HIREHODLUR, NOW AT: NAVANAGAR, BAGALKOT, DIST: BAGALKOT-587103. …PETITIONER (BY SRI. K.H. BAGI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU-560 001. 2. THE SPECIAL DEPUTY COMMISSIONER AND COMMUNITY MANAGER, LAND ACQUISITION, REHABILITATION AND RESETTLEMENT, UPPER KRISHNA PROJECT, NAVANAGAR, BAGALKOT-587103. 3. THE SPECIAL LAND ACQUISITION OFFICER, BAGALKOT, UKP NAVANAGAR, DIST: BAGALKOT-587103. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1 & R2; SRI. CHETAN MUNNOLI, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE (a) A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR ORDER OR DIRECTION TO THE RESPONDENTS TO CONDUCT THE FURTHER ACQUISITION PROCEEDINGS AND VIJAYALAKSHMI M KANKUPPI Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.07.14 12:36:06 +0530 - 2 - HC-KAR NC: 2025:KHC-D:7802 WP No. 102631 of 2025 TO PASS THE AWARD BY ALLOWING THIS WRIT PETITION IN THE ENDS OF JUSTICE. (b) A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR ORDER OR DIRECTION TO THE RESPONDENTS TO PASS AN AWARD UNDER THE RFCTLARR ACT-2013 AND PAY THE COMPENSATION WITHIN ONE MONTH TO THE PETITIONER BY ALLOWING THE WRIT PETITION IN THE ENDS OF JUSTICE. (c) A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR ORDER OR DIRECTION TO THE RESPONDENT NO.3 TO CONSIDER THE REPRESENTATION GIVEN BY THE PETITIONER DATED 10.03.2025 VIDE ANNEXURE-C, BY ALLOWING THIS WRIT PETITION IN THE ENDS OF JUSTICE AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) Petitioner is the owner of land in bearing Sy.No.70/1 measuring 8 acre, 18 gunta situated at Hirehodlur, Taluka and District Bagalkote. Respondents herein acquired the land of the petitioner under the preliminary notification under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (for short, ‘the Act’) dated 23.03.2023 by issuing notice to acquire the land. This being the state of affairs, respondents did not initiate any - 3 - HC-KAR NC: 2025:KHC-D:7802 WP No. 102631 of 2025 action and kept quite since more than 2 years and they did not proceed further with the final notification to acquire the land nor pass any final decision of the award. 2. Petitioner issued notice to respondent No.3 to take further action pursuant to the preliminary notification on 10.03.2025, but no action was taken. However, respondent No.3 replied to the petitioner by stating that he can avail the crop loan in the said property. It is the case of petitioner that the backwater of the Upper Krishna Project is continuously flowing in the land of petitioner, therefore, it is not possible to utilise the said land for cultivation and the acquisition proceedings initiated by the respondents is not complete and without final decision or award. 3. Similarly placed aggrieved land owners have approached this Court in Writ Petition No.100507/2024 and the said writ petition came to be allowed on 25.01.2025 by directing the respondents to pass an - 4 - HC-KAR NC: 2025:KHC-D:7802 WP No. 102631 of 2025 award. Hence, the present petitioner is before this Court seeking similar reliefs. 4. Learned AGA contends that in exercise of powers vested under the Act, they would pass suitable award in accordance with law. 5. Learned counsel for the petitioner also contends that the Division Bench of this Court in Writ Appeal No.100424/2019 and connected matters passed an order for a direction to pass the award, which came to be disposed of on 17.07.2019. 6. Having heard learned counsel for petitioner and learned AGA for respondents. 7. This petition is required to be disposed of in similar manner accordingly, I pass the following : ORDER (i) Petition is disposed of in terms of the order passed by the co-ordinate bench of this Court in - 5 - HC-KAR NC: 2025:KHC-D:7802 WP No. 102631 of 2025 Writ Petition No.100507/2024(LA-RES) disposed of on 25.01.2024. (ii) The 3rd respondent to consider the representation of the petitioner and pass suitable orders in the light of the Judgment of the Division Bench of this Court in Writ Appeal No.100424/2019 and connected matters in accordance with law. The said exercise shall be completed expeditiously. Within an outer limit of four months. Sd/- (PRADEEP SINGH YERUR) JUDGE CKK List No.: 1 Sl No.: 13