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2025 DAILYLAW 52643 (KAR)

SHRI SHIDRAMAYYA S/O VEERAYYA PEETIMATH v. THE STATE OF KARNATAKA

WP/106989/2025 · 2025-09-19

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12694 WP No. 106989 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106989 OF 2025 (LR) BETWEEN: SHRI. SHIDRAMAYYA S/O VEERAYYA PETIMATH AGE. 73 YEARS, OCC. AGRICULTURE, R/O. KALLEDEVARU, BYADAGI-581106, TQ. BYADAGI, DIST. HAVERI. …PETITIONER (BY SRI. PRUTHVI K.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA RPTD. BY ITS PRL. SECRETARY DEPT. OF REVENUE, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, HAVERI-581110, TQ. AND DIST. HAVERI. 3. THE ASSISTANT COMMISSIONER, HAVERI-581110, TQ. AND DIST. HAVERI. 4. THE TAHASILDAR, HAVERI-581110, TQ. AND DIST. HAVERI. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R4) Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12694 WP No. 106989 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A) ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED NOTIFICATION BRG NO.KAMGRA/CR:17/2025-26 DTD: 28/7/2025 ISSUED BY THE RESPONDENT NO.2, IN RESPECT OF LAND BRG SVY NO.85 A/2 MEASURING TO AN EXTENT OF 1 ACRE 12 GUNTAS OUT OF 7 ACRES 10 GUNTAS SITUATED AT KALLEDEVRU VILLAGE, TQ. BYADAGI, DIST. HAVERI VIDE ANNEXURE-D, IN SO FAR AS PETITIONER IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The Petitioner is before this Court seeking for the following reliefs: a) Issue a writ in the nature of certiorari by quashing the impugned notification brg no.KAMGRA/CR:17/2025-26 dtd: 28/7/2025 issued by the Respondent No.2, in respect of land brg Svy no.85 a/2 measuring to an extent of 1 acre 12 Guntas out of 7 Acres 10 Guntas situated at Kalledevru Village, Tq. Byadagi, Dist. Haveri vide ANNEXURE-D, in so far as Petitioner is concerned, in the interest of justice and equity. b) Issue a writ in the nature of Mandamus by directing the Respondent. No.1 and 2 to initiate acquisition proceedings by passing the award compensation for the acquisition of the land brg Svy no.85 a/2 measuring to an extent of 1 Acre 12 Guntas out of 7 Acres 10 Guntas situated at - 3 - HC-KAR NC: 2025:KHC-D:12694 WP No. 106989 of 2025 Kalledevru Village, Tq. Byadagi, Dist. Haveri and then declare the said portion of land as unrecorded Habitation, in the interest of justice and equity. c) Issue such other suitable order/s or directions as this Hon’’ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity. 2. The only grievance of the Petitioner is that, on a notification under Section 38A of the Karnataka Land Reforms Act, 1961 having been issued, the Petitioner has not been paid compensation for the land owned by him. 3. Learned AGA submits that the compensation would be paid in terms of Section 47 of the Karnataka Land Reforms Act, 1961, R/w. Rule 9B of the Karnataka Land Reforms Rules, 1974. 4. The said submission of the learned AGA answers the grievance of the Petitioner. In that view of the matter, I pass the following: - 4 - HC-KAR NC: 2025:KHC-D:12694 WP No. 106989 of 2025 ORDER i. Reliefs sought for by the Petitioner are moulded. ii. Respondents are directed to pass necessary orders as regards the compensation payable to the Petitioner in respect of his lands, prior to taking possession of the property as expeditiously as possible, preferably within 6 weeks from date of receipt of copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT: UMD List No.: 1 Sl No.: 26