- 1 - HC-KAR NC: 2025:KHC:36854 WP No. 24584 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. 24584 OF 2025 (LA-RES) BETWEEN: SRI LOKESH B.R., S/O REVANNA AGED ABOUT 39 YEARS RESIDING AT BENACHAGERE VILLAGE NITTUR HOBLI, GUBBI TALUK TUMAKURU DISTRICT 3 572 216. &PETITIONER (BY SRI NAVEEN J.N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANASOUDHA DR. AMBEDKAR VEEDHI BENGALURU 3 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE ASSISTANT EXECUTIVE ENGINEER HEMAVATHI CANAL SUB DIVISION NO.10, SHANTHINAGAR TUMAKURU MAIN ROAD TUMAKURU DISTRICT 3 572 102. Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36854 WP No. 24584 of 2025 3. THE TAHASILDAR TUMAKURU TALUK TUMAKURU DISTRICT 3 572 102. &RESPONDENTS (BY SRI M.RAJAKUMAR, AGA FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO CONFINE THE LAND ACQUISITION PROCEEDINGS IN RESPECT OF SY.NO.85/2B TO AN EXTENT OF 0.12 GUNTAS SITUATED AT BENACHAGERE VILLAGE, NITTUR HOBLI, GUBBI TALUK, TUMKUR DISTRICT AS PER THE NOTIFICATION DATED 5.11.2004 MARKED AT ANNEXURE-B TO THE WRIT PETITION; (B) DIRECTING THE RESPONDENTS NOT TO FORM HEMAVATHI CANAL IN SY.NO.85/2B TO AN EXTENT OF 1.03 GUNTAS SITUATED AT BENACHAGERE VILLAGE, NITTUR HOBLI, GUBBI TALUK, TUMKUR DISTRICT WITHOUT FOLLOWING DUE PROCESS OF LAW IN THE INTEREST OF JUSTICE AND EQUITY; (C) DIRECTING THE RESPONDENTS NOT TO TAKE ANY COERCIVE STEPS IN RESPECT OF THE LANDS MEASURING 1.03 GUNTAS SITUATED AT BENACHAGERE VILLAGE, NITTUR HOBLI, GUBBI TALUK, TUMKUR DISTRICT WITHOUT ACQUIRING THE SAME UNDER DUE PROCESS OF LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:36854 WP No. 24584 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers: <a) issue an order or direction or writ in the nature of mandamus directing the Respondents to confine the land acquisition proceedings in respect of Sy.No.85/2B to an extent of 0.12 guntas situated at Benachagere Village, Nittur Hobli, Gubbi Taluk, Tumkur District as per the notification dated 5.11.2004 marked at Annexure-B to the writ petition. (b) issue an order or direction or writ in the nature of mandamus directing the Respondents not to form Hemavathi Canal in Sy.No.85/2B to an extent of 1.03 guntas guntas situated at Benachagere Village, Nittur Hobli, Gubbi Taluk, Tumkur District without following due process of law in the interest of justice and equity. (c) issue an order or direction or writ in the nature of mandamus directing the Respondents not to take any coercive steps in respect of the lands measuring 1.03 guntas situated at Benachagere Village, Nittur Hobli, Gubbi Taluk, Tumkur District without acquiring the same under due process of law. (d) issue any order or orders as deems fit and proper including the cost of the proceedings in the interest of justice and equity.= - 4 - HC-KAR NC: 2025:KHC:36854 WP No. 24584 of 2025 2. Heard Sri Naveen J N, learned counsel appearing for petitioner and Sri M Rajakumar, learned AGA appearing for respondents. 3. The petitioner is said to be the owner of lands in Survey No. 85/2B to an extent of 1 acre 3 guntas which has fallen to his share in a family partition. 12 guntas of the land of the petitioner stood acquired by the 2nd respondent by issuance of a preliminary notification and final notification on 05-11-2004. The petitioner is now at the doors of this Court on the score that the respondents are now demanding further lands from the hands of the petitioner, without initiating any process of acquisition, while that is impermissible in law. 4. The petitioner is before the Court on an apprehension that the land of the petitioner would be acquired without initiating process known to law. 5. The learned counsel for petitioner submits that if the respondents would want excess land that would belong to the petitioner, they should acquire the land and then pay - 5 - HC-KAR NC: 2025:KHC:36854 WP No. 24584 of 2025 compensation. The submission merits acceptance. That stage has not yet arrived. 6. It is needless to observe that if the land belonging to the petitioner is wanted for any purpose by the State or its Authorities, they shall initiate process in accordance with law and then proceed to acquire the land for their purpose. Leaving open all the remedies available to the petitioner, with the aforesaid observations, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE BKP List No.: 1 Sl No.: 55