- 1 - HC-KAR NC: 2025:KHC-D:14752 WP No. 105830 of 2024 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. 105830 OF 2024 (GM-RES) BETWEEN: 1. SHAMSHUDDIN S/O MOHHAMED GOUSE KARADIGUDDA AGE. 63 YEARS, OCC. AGRICULTURE, R/O. UPPINBETAGERI VILLAGE, TQ. AND DIST. DHARWAD- 581206. 2. KAMARUDDIN S/O MOHHAMED GOUSE KARADIGUDDA AGE. 60 YEARS, OCC. AGRICULTURE, R/O. UPPINBETAGERI VILLAGE, TQ. AND DIST. DHARWAD- 581206. 3. MOHAMMEDSAB @ ABBUSAB S/O MOHHAMED GOUSE KARADIGUDDA AGE. 58 YEARS, OCC. AGRICULTURE, R/O. UPPINBETAGERI VILLAGE, TQ. AND DIST. DHARWAD- 581206. …PETITIONERS (BY SRI. C.J. HAVALDAR, ADVOCATE FOR SRI. SHIVRAJ S BALLOLI, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, VIDHAN SOUDHA, AMBEDKAR VEEDHI, BENGALURU – 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY, 2. THE DEPARTMENT OF HEALTH AND FAMILY WELFARE, ‘AROGYA SOUDHA’, BENGALURU - 560 001, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:14752 WP No. 105830 of 2024 REPRESENTED BY ITS DIRECTOR. 3. THE DEPUTY COMMISSIONER, DHARWAD DC COMPOUND, DHARWAD – 580 001. 4. THE ASSISTANT COMMISSIONER, DHARWAD DC COMPOUND, DHARWAD – 580 001. 5. THE ZILLA PANCHAYATH, DHARWAD TQ. AND DIST.: DHARWAD – 580 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 6. THE TALUKA PANCHAYATH, DHARWAD TQ. AND DIST.: DHARWAD – 580 001 REPRESENTED BY ITS EXECUTIVE OFFICER. 7. THE DISTRICT HEALTH AND FAMILY DEVELOPMENT OFFICER, DHARWAD DHARWAD DISTRICT HOSPITAL, DHARWAD – 580 001. 8. THE TALUKA HEALTH OFFICE, DHARWAD TQ. AND DIST.: DHARWAD – 580 001. 9. THE PRIMARY HEALTH OFFICER, UPPINBETAGERTI, UPPINBETAGERI VILLAGE, TQ. & DIST.: DHARWAD – 581 206. 10. THE CITY SURVEYOR, DHARWAD DEPUTY DIRECTOR OF LAND RECORDS, TQ & DIST.: DHARWAD – 580 001. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO. 1 TO ACQUIRE THE LAND IN QUESTION AS PER THE REQUISITION MADE BY RESPONDENT NO. 9 VIDE LETTER DATED. 16-01-2023 BEARING NO. Pra. Aa. Ken. Uu.be/VaHi/48/2022-23 VIDE ANNEXURE-N IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. - 3 - HC-KAR NC: 2025:KHC-D:14752 WP No. 105830 of 2024 THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDERw: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioners are before this Court seeking the following prayer: a. “Issue a writ of Mandamus directing the Respondent No. 1 to acquire the land in question as per the requisition made by Respondent No. 9 vide letter dated. 16-01-2023 Bearing No. Pra. Aa. Ken. Uu.be/VaHi/48/2022-23 vide Annexure-N. b. Issue a writ of Mandamus directing Respondent No.1 to pay adequate compensation to the petitioners for having utilized the petitioners land illegally by establishing the primary Health Centre over the petitioners land in Block No.,272 situated at Uppinabetageri village, Dharwad Taluk and District Dharwad vide representations dated 15/10/2020 and 28/10/2020 and 15.11.2021 given by petitioner No.1 vide Annexure-E and Annexure- K. c. Pass any other appropriate order as this Hon’ble Court may deem fit on the facts and circumstances of the case to meet in the ends of justice and equity.” 2. The petitioners are stated to be the owners of land bearing Block No.272/P, measuring 07 acres and 30 guntas. It is contended that about 30 years ago, the said land was unauthorisedly utilized by the State for the construction of a Primary Health Care Centre. - 4 - HC-KAR NC: 2025:KHC-D:14752 WP No. 105830 of 2024 3. The defence of the State is that the land had been acquired, and that the utilization took place nearly 30 years ago, during which period the petitioners remained silent. 4. The petitioners now seek compensation for the utilization of their land, having recently become aware of their rights under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Accordingly, they have submitted a representation to the respondents requesting that their case be considered and necessary orders be passed in accordance with law. 5. It is a well-settled principle of law that if the State has utilized private property, it is bound either to initiate acquisition proceedings or to pay compensation for such utilization. 6. In light of the aforesaid circumstances, the respondent-State is directed to consider the representation submitted by the petitioners on 15.11.2021 and to pass appropriate orders in accordance with law, within an outer limit of twelve (12) weeks from the date of receipt of a certified copy of this order. - 5 - HC-KAR NC: 2025:KHC-D:14752 WP No. 105830 of 2024 7. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE AC/ct-gtb List No.: 1 Sl No.: 104