- 1 - HC-KAR NC: 2025:KHC-D:14754 WP No. 105764 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 105764 OF 2023 (GM-RES) BETWEEN: SHIVABASAYYA S/O SHIVAYYA DHANYA WADEYAR, AGE: 64 YEARS, OCC: RETIRED EMPLOYEE, R/O: SHIRUR VILLAGE, TQ: YELBURGA, DIST: KOPPAL, NOW RESIDING AT C/O: BASAPPA MUNDINAMANI NEAR BEERALINGESHWARA TEMPLE KINNAL VILLAGE, TQ AND DIST: KOPPAL- 583 231. …PETITIONER (BY SRI. A.M. MALIPATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE (LAND ACQUISITION) REP. BY ITS PRINCIPAL SECRETARY, VIDHAN SOUDHA, BENGALURU -01. 2. THE DEPUTY COMMISSIONER, KOPPAL, DIST: KOPPAL- 583 231. 3. THE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER, KOPPAL, DIST: KOPPAL- 583 231. 4. THE ASSISTANT EXECUTIVE ENGINEER, HIREHALLA PROJECT SUB-DIVISION, KINNAL, DIST: KOPPAL- 583 231. 5. THE TAHASILDAR, ASSISTANT COMMISSIONER OFFICE, KOPPAL, DIST: KOPPAL- 583 231. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:14754 WP No. 105764 of 2023 6. EXECUTIVE OFFICER, TALUK PANCHAYATH KUKNOOR, DIST: KOPPAL- 583 232. 7. PANCHAYATH DEVELOPMENT OFFICER, GRAM PANCHAYATH SHIRUR, TQ: KUKNOOR, DIST: KOPPAL- 583 232. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R5, NOTICE TO R6 & R7 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION TO THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED. 16-05-2022, 28-06-2022 AND 16-02-2023 IS PRODUCED AT ANNEXURE-E, E1, G AND H, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is at the doors of this Court seeking the following reliefs: I. “Issue a writ in the nature of mandamus or any other appropriate writ or direction to the respondents to consider the representations dated. 16-05-2022, 28-06-2022 and 16-02-2023 is produced at ANNEXURE-E, E1, G AND H, in the interest of justice and equity. II. And grant such any other order relief or reliefs as this Hon’ble Court deems fit to grant in the circumstances of the case, in the interest of justice and equity.” - 3 - HC-KAR NC: 2025:KHC-D:14754 WP No. 105764 of 2023 2. The petitioner is the owner of land in Sy. No. 205 measuring 0.24 guntas in Shirur Village, Kuknoor Taluk. Due to severe draughts in the village, the petitioners family migrates to different parts of the state. The respondents then issue a notification under section 6 of the Land Acquisition Act, 1894 (‘Act’ for short) for acquisition of lands in Shirur village. It is alleged by the petitioner that his land was not notified for acquisition in the said notification. When the petitioner returns back to his village after a long time, he comes to know that the entire village was divided into newly allotted sites but his land was not acquired. The petitioner then sends representations to the respondent authorities requesting them to notify his land for the purpose of acquisition, pay compensation and allot the site. However, no action is taken by the respondent authorities. It is then, that the petitioner knocks at the doors of this Court seeking for a direction to consider his representations. 3. Heard Sri A.M.Malipatil, learned counsel for petitioner, Sri T. Hanumareddy, learned Additional Government Advocate for respondent Nos.1 to 5. 4. Learned counsel appearing for the petitioner submits that since the petitioner’s property was a small parcel of land - 4 - HC-KAR NC: 2025:KHC-D:14754 WP No. 105764 of 2023 and his family members were not in the village during the process of acquisition and allotment of sites the respondent authorities would have failed to notice his property for acquisition. When the petitioner acquired knowledge of the acquisition, he immediately submitted representations to the respondent authorities, however till date, he did not receive any reply from them. The learned counsel further submits that the surrounding lands have been acquired and compensation also has been paid to the land owners. All the efforts of the petitioner, requesting for consideration of his representations by the respondent authorities, have failed. On these grounds the petitioner prays for a direction to the respondent authorities to consider his representations for notifying his land for acquisition, payment of compensation and allotment of site. 5. Learned Additional Government Advocate would not dispute the contentions of the petitioners. 6. In that light, I deem it appropriate to direct the respondent authorities to consider the representations of the petitioner in accordance with law. - 5 - HC-KAR NC: 2025:KHC-D:14754 WP No. 105764 of 2023 ORDER a. The writ petition stands allowed. b. The petitioner shall make a fresh representation within 30 days from the date of receipt of certified copy of this order, thereupon the respondent-authorities would to consider the same in accordance with law. c. Such exercise shall be done with an outer limit of eight weeks from the date of submission of representation by the petitioner. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE AC/ct-gtb List No.: 1 Sl No.: 96