- 1 - HC-KAR NC: 2025:KHC-D:11250 WP No. 105505 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT PETITION NO.105505 OF 2025 (KLR-LG) BETWEEN: SHIVARAI S/O. DUNDAPPA KUDACHI, AGE: 88 YEARS, OCC. AGRICUTLURE, R/O. 238, KUDACHI GALLI, HATTARAGI, VTS: THANA HATTARAGI, TQ. HUKKERI, DIST. BELAGAVI-591243. …PETITIONER (BY SRI. S.S. BETURMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH DEPARTMENT OF WATER RESOURCES, REPRESENTED BY ITS SECRETARY, VIDHANA SOUDHA, BENGALURU-560001. 2. THE SPECIAL TAHSILDAR FOR HIDKAL DAM POJECT, HIDKAL, TQ. RAIBAG, DIST. BELAGAVI-591220. 3. THE SPECIAL LAND ACQUSITION OFFICER HIDKAL DAM PROJECT, HIDKAL, TQ. RAIBAG, DIST. BELAGAVI-591220. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.06 12:18:47 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11250 WP No. 105505 of 2025 4. THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER, TQ. AND DIST. BELAGAVI-590001. 5. THE KARNATAKA NEERAVARI NIGAM LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, 4TH FLOOR, COFFEE BOARD BUILDING, NO. 1, DR. B.R. AMBEDKAR VEEDHI INFANTRY ROAD, BENGALURU-560001. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: 1. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE OBJECTIONS OF PETITIONER DATED 11/08/2010 VIDE ANNEXURE-E AND REPRESENTATION DATED 03/01/2025 VIDE ANNEXURE-F AND RESTORE THE GRANT MADE IN FAVOUR OF THE GRANTEES THEREIN, IN THE INTEREST OF JUSTICE AND EQUITY. 2. ANY OTHER RELIEFS THIS HON’BLE COURT DEEMS FIT FOR THE FACTS AND CIRCUMSTANCES OF THE CASE MAY PLEASE BE GRANTED IN FAVOUR OF THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI - 3 - HC-KAR NC: 2025:KHC-D:11250 WP No. 105505 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) The petitioner has filed this petition seeking for a mandamus directing the respondents to consider the objections vide Annexures-E and F. 2. The brief facts leading rise to the filing of this petition, are as follows: The land involved in the present petition is Survey No.64/7 measuring 2 acres situated at Aladal Village. The said land was granted to one Kallappa Basawant Madar for having lost his land in Hidkal Dam Project. The Revenue Authorities passed an order on 20.03.2003 abruptly and highhandedly, cancelled the grant made in favour of the grantees. The grantees have filed writ petition before this Court in WP No.62065/2010 seeking to quash the order dated 20.03.2003. The Co-ordinate bench of this Court vide order dated 23.07.2010, allowed the said writ petition. The petitioner in compliance of the order dated 23.07.2010, - 4 - HC-KAR NC: 2025:KHC-D:11250 WP No. 105505 of 2025 appeared before the Special Land Acquisition Officer, Hidakal Dam and filed objections well in advance on 11.08.2010 and objected for cancellation of grant made in favour of the grantees, including the petitioner’s vendor. However, the respondents have not considered the objections filed by the petitioner till date. Hence, this petition. 3. Heard learned counsel for the petitioner and learned Additional Government Advocate appearing for respondents-State. 4. Learned counsel for the petitioner submitted that the objections were filed before the Special Land Acquisition Officer, Hidakl Dam, against cancellation of the grant made in favour of grantees. The Special Land Acquisition Officer has not considered the objections vide Annexures-E and F till date and no order has been passed. Though this Court, in W.P.No.62065/2010, quashed the cancellation order vide Annexure-F therein and directed the petitioner therein, shall - 5 - HC-KAR NC: 2025:KHC-D:11250 WP No. 105505 of 2025 take the notice and shall appear before respondent No.2 i.e. Special Land Acquisition Officer, Hidakl Dam on 09.08.2010 and file his objections. Pursuant to the directions issued by this Court, the petitioner has filed objections on 11.08.2010 vide Annexure-E and representation dated 03.01.2025 vide Annexure-F. 5. Learned counsel for the petitioner submitted that the Special Land Acquisition Officer has not been considered the objections and hence, he prays to issue a mandamus directing the Special Land Acquisition Officer to consider the objections and pass appropriate order in accordance with law. 6. Learned Additional Government Advocate appearing for respondents-State submitted that if reasonable time is granted, respondent No.2 will consider Annexures-E and F and pass appropriate orders in accordance with law. - 6 - HC-KAR NC: 2025:KHC-D:11250 WP No. 105505 of 2025 7. Perused the records and considered the submissions of the learned counsel for the parties. 8. It is not in dispute that the Revenue Authorities granted lands in favour of the land losers who lost their lands in the Hidkal Dam vide grant order dated 21.01.1998. The revenue authorities abruptly cancelled the orders of grant made in favour of the grantees vide order dated 02.09.1982 and 21.01.1998. 9. The Co-ordinate bench of this Court vide order dated 23.07.2010, allowed the writ petition filed by the grantees and quashed the order of cancellation of grant vide Annexure-F therein and directed the petitioner therein to take notice and shall appear before respondent No.2 on 09.08.2010 and file his objections. 10. Pursuant to the order passed by this Court, the grantees have filed objections vide Annexures-E and F. Despite filing objections vide Annexures-E and F, the Special Land Acquisition Officer has not considered the - 7 - HC-KAR NC: 2025:KHC-D:11250 WP No. 105505 of 2025 objections filed by the petitioner and no order is passed. Learned Additional Government Advocate submitted that if reasonable time is granted to respondent No.2, respondent No.2 will consider the same. In view of the submission made by the learned Additional Government Advocate and in view of the above discussions, the writ petition is allowed. Respondent No.2 is directed to consider the objection and representation filed by the petitioner vide Annexures-E and F respectively and pass appropriate orders in accordance with law, within one month from the date of receipt of certified copy of this order. Sd/- (ASHOK S. KINAGI) JUDGE AM/- CT:PA List No.: 2 Sl No.: 27