- 1 - HC-KAR NC: 2025:KHC:36852 WP No. 24519 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 24519 OF 2025 (LA-RES) BETWEEN: SRI K.B.BASAVARAJAPPA S/O LATE K.BASAPPA, AGED ABOUT 66 YEARS, DODDERI VILLAGE, GOVINKOVI HOBLI, HONNALI TALUK, DAVANAGERE DISTRICT 3 577 217. &PETITIONER (BY SRI A. NAGARAJAPPA, ADVOCATE (VC)) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, VIKAS SOUDHA, M.S.BUILDING, AMBEDKAR VEEDHI, BENGALURU 3 560 001. 2. THE MANAGING DIRECTOR, KARNATAKA NEERAVARI NIGAMA, COFFEE BOARD BUILDING, AMBEDKAR VEEDHI, BENGALURU 3 560 001. 3. THE SPECIAL LAND ACQUISITION OFFICER Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36852 WP No. 24519 of 2025 AND ASSISTANT COMMISSIONER, UPPER TUNGA PROJECT, SHIVAMOGGA SHIVAMOGGA DISTRICT 3 577 201. 4. THE EXECUTIVE ENGINEER KARNATAKA NEERAVARI NIGAMA SHIVAMOGGA, SHIVAMOGGA DISTRICT 3 577 201. &RESPONDENTS (BY SRI SPOORTHY HEGDE N., HCGP FOR R-1; SRI PRASHANTH B.R., ADVOCATE FOR R-2 TO R-4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. DIRECTING THE RESPONDENT NO.2 AND RESPONDENT NO.3 TO CONSIDER THE REPRESENTATIONS DATED 12.04.2016 AND 06.10.2016 MARKED AT ANNEXURE-F AND ANNEXURE-G RESPECTIVELY SUBMITTED BY THE PETITIONER AND TO RELEASE THE COMPENSATION AS PER THE ORDERS PASSED BY THE I ADDL. DISTRICT AND SESSIONS JUDGE, DAVANAGERE DATED 18.09.2012 IN M.A.NO. 161/2010. (ANMXURE-B). THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking a writ in the nature of mandamus directing respondents 2 and 3 to consider his representation for release of compensation. - 3 - HC-KAR NC: 2025:KHC:36852 WP No. 24519 of 2025 2. Heard Sri A Nagarajappa, learned counsel appearing for the petitioner, learned High Court Government Pleader appearing for respondent No.1 and Sri Prashanth B R, learned counsel appearing for respondents 2 to 4. 3. The petitioner is said to be the owner of lands in Sy.No.44 to an extent of 1 acre 18 guntas in Dodderi village, Honnali Taluk. The land of the petitioner becomes the subject matter of acquisition of Upper Tunga project for the benefit of the Karnataka Neeravari Nigama Niyamitha. The District Court awards compensation of Rs.2,65,500/- towards the land in 1 acre 18 guntas and insofar as the standing trees, which were 641 in number, a borewell and all other things while determining the compensation, the Special Land Acquisition Officer is said to have awarded Rs.1,80,000/-. In LAC 260 of 2005, the concerned Court enhanced the compensation. Not being satisfied with the same, the petitioner prefers a miscellaneous appeal, so also, the Special Land Acquisition Officer, which comes to be disposed on 18-09-2012. - 4 - HC-KAR NC: 2025:KHC:36852 WP No. 24519 of 2025 4. As against the said order, the petitioner herein prefers miscellaneous second appeal No.91 of 2013 again seeking enhancement and also the Special Land Acquisition Officer of the Nigama files M.S.A.Nos.94 of 2013 c/w 95 of 2013. Appeals filed by both the parties come to be dismissed. A review petition preferred by the Executive Engineer of the Nigama in Review Petition No.577 of 2014 also comes to be dismissed on 10-12-2014. All the litigations end. Awards are made towards standing trees and other crops in respect of the land in question between two dates i.e., 12-04-2016 and 6-10-2016. 5. It is the case of the petitioner that the said amount has not yet reached them and therefore, submit a representation seeking consideration of the representations and release of compensation in terms of the order passed by the concerned Court on 18-09-2012. 6. Learned counsel for respondents submits that the representation would be considered if reasonable time is granted. - 5 - HC-KAR NC: 2025:KHC:36852 WP No. 24519 of 2025 7. In the light of the said submission, I deem it appropriate to dispose the writ petition directing consideration of the representation for the purpose for which it is rendered in the year 2016, with an observation that it is appalling that a citizen has submitted representations for release of compensation 9 years ago and the said representations are brushed under carpet for last 9 years and no money has reached the citizen who has lost his land pursuant to the said acquisition. 8. 8. Therefore, the representation be considered within the next 4 weeks and necessary orders be passed. In the event the representation would not be considered in the next 4 weeks and appropriate orders would be passed bearing in mind the observations made in the course of the order, the petitioner becomes entitled to cost of litigation at Rs.1,00,000/-. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE BKP/List No.: 1 Sl No.: 54