- 1 - HC-KAR NC: 2025:KHC-D:12747 WP No. 106505 of 2024 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. 106505 OF 2024 (LA-RES) BETWEEN: SHRI. SURESH S/O. ASHWATANARAYANAPPA TAVARGERI, AGE. 63 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. SHIVAGANGA LAYOUT, KESHWAPUR, HUBBALLI-580 020 … PETITIONER (BY SRI. S B DODDAGOUDAR, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER D.C. COMPOUND, DHARWAD – 580 001 2. THE COMMISSIONER, HDMC, LAMINGTON ROAD, HUBBALLI – 580 020 3. THE ASSISTANT COMMISSIONER DHARWAD SUB-DIVISION, DHARWAD – 580 001. … RESPONDENTS (BY SRI P.N. HATTI, HCGP FOR R1 AND R3; SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12747 WP No. 106505 of 2024 MANDAMUS TO THE RESPONDENTS TO CONSIDER THE PETITIONER’S REPRESENTATION AT ANNEXURE-P DTD 29/08/2024 FOR AWARD COMPENSATION TO THE PETITIONER FOR HIS COMMERCIAL LAND BEARING SURVEY NO.537/4 AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The Petitioner is before this Court seeking for the following reliefs: a. To issue a writ of mandamus to the respondents to consider the petitioner’s representation at Annexure P dated 29/08/2024 for award compensation to the petitioner for his commercial land bearing Survey No.537/4. b. The Hon’ble Court may also be pleased to pass any other writ, order, direction etc in the above case to serve the ends of justice. 2. The grievance of the petitioner is that the land of the petitioner in Sy.No.537/4 has been utilized for the formation of a road by respondent No.2 without acquisition. It is in that background, that respondent No.2 was called upon to submit the status report as regards whether land had been used, if so used, whether it had been acquired, if not acquired how it - 3 - HC-KAR NC: 2025:KHC-D:12747 WP No. 106505 of 2024 had been used. Hence, the status report has been filed. In terms of the status report, though various statements have been made the sum and substance of the report, if that the land of the petitioner has not been acquired but has been put to use for the purpose of winding of the road. 3. It is not permissible for respondent No.2 to have made use of the said land for the purpose of widening the road. Whether the works were carried out by respondent No.2 or by the Public Works Department, since it is respondent No.2 who is the ultimate beneficiary. 4. A Land of a citizen of the country cannot be made use of by any authority without acquisition. Faced with the above situation, the submission of learned counsel for respondent No.2 is a requisition for the acquisition of land under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and - 4 - HC-KAR NC: 2025:KHC-D:12747 WP No. 106505 of 2024 Resettlement Act, 2013, which would be sent to respondent No.1 within one week from today. 5. If such a requisition is sent and received by respondent No.1, respondent No.1 shall act upon it within four weeks from the date of receipt of the requisition and pass necessary orders within the said four weeks and shall complete the acquisition process within 3 months thereafter. 6. Needless to say, cost of acquisition being land cost at present rate, Solatium and interest at the rate of 15% from the date on which possession was taken would be required to be paid by respondent No.2. This interest now being paid from the public funds on account of negligence on part of the officer of respondent No.1, respondent No.2 and public works department. The Chief Secretary is permitted take such action as permissible against officers in default - 5 - HC-KAR NC: 2025:KHC-D:12747 WP No. 106505 of 2024 for the loss now being cost to the State Exchequer and public funds. 7. With observations, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 139