- 1 - HC-KAR NC: 2025:KHC-D:10249 WP No. 105235 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105235 OF 2025 (LA-RES) BETWEEN: FAKIRAPPA S/O. GANGAPPA ARAVALLI @ AROLLI, AGE: 80 YEARS, OCC. AGRICULTURIST AND PENSIONER, R/O. NAYANAAGAR VILLAGE, BAILHONGAL TALUK, DIST. BELAGAVI-591102. …PETITIONER (BY SRI. VIJAYKUMAR B. HORATTI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPT. OF REVENUE, M S BUILDING, REPRESENTED BY ITS SECRETARY, BENGALURU-560001. 2. THE DEPUTY COMMISSIIONER BELAGAVI, AT. BELAGAVI-590001. 3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., “SAMPARKHA SOUDHA” SY NO. 8, DR. RAJKUMAR ROAD, RAJAJINAGAR 1ST MAIN, BENGALURU-560010. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.16 10:55:40 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10249 WP No. 105235 of 2025 4. THE EXECUTIVE ENGINEER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., OFFICE #35, 3RD MAIN ROAD, DOLLARS COLONY, BEHIND NEW BUS STAND, GOKUL ROAD, HUBBALLI-580030. 5. THE ASSISTANT DIRECTOR OF LAND RECORDS BAILHONGAL, AT. BAILHONGAL, TQ. BAILHONGAL-591102, BELAGAVI. 6. THE TALUKA SURVEYOR BAILHONGAL, AT. BAILHONGAL, TQ. BAILHONGAL 591102, DIST. BELAGAVI. 7. THE SUB REGISTRAR BAILHONGAL, AT. BAILHONGAL, BELAGAVI-591102. …RESPONDENTS (BY SRIYUTHS. P.N. HATTI, HCGP FOR R1 TO R3, R5, R6 & R7; C.V. ANGADI, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO A) TO ISSUE WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED PROCEEDINGS DATED 24/4/2025 ISSUED BY RESPONDENT NO.2 PRODUCED VIDE ANNEXURE-R.B) TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING RESPONDENT NO.2 TO PAY COMPENSATION AS PER VALUATION FIXED BY RESPONDENT NO.7 AS PER ENDORSEMENT PRODUCED VIDE ANNEXURE-N DATED 7/2/2025. C) TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING RESPONDENT NO.2 TO PAY INTEREST 12 P.A FOR THE COMPENSATION TO BE PAID FROM THE DATE OF ILLEGAL ACQUISITION OF LAND BELONGING TO PETITIONER.D) TO PASS ANY OTHER ORDER, DIRECTION AS DEEMED FIT IN THE CIRCUMSTANCES OF THE CASE. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10249 WP No. 105235 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondents No.1 to 3 and 5 to 7. Learned counsel Sri C. V. Angadi is directed to accept notice for respondent No.4. 2. The petitioner is before this Court seeking for the following reliefs: i. To issue writ in the nature of certiorari by quashing the impugned proceedings dated 24/4/2025 issued by Respondent no.2 produced vide Annexure-R. ii. b) To issue writ in the nature of mandamus directing Respondent no.2 to pay compensation as per valuation fixed by respondent no.7 as per endorsement produced vide Annexure-N dated 7/2/2025. iii. To issue writ in the nature of mandamus directing Respondent no.2 to pay interest at 12% p.a for the compensation to be paid from the date of illegal acquisition of land belonging to petitioner. iv. d) To pass any other order, direction as deemed fit in the circumstances of the case. 3. What is being challenged by the petitioner is the compensation which has been awarded in respect of - 4 - HC-KAR NC: 2025:KHC-D:10249 WP No. 105235 of 2025 the land which has been used by respondent No.4 for formation of a road without acquisition. Irrespective of whether any acquisition notification was issued or not, I am of the considered opinion that once compensation has been determined, the provisions of the Land Acquisition Act, 1894, would apply to the case of the petitioner. The petitioner would therefore be entitled to seek enhancement of compensation by seeking reference under Section 18 of the Land Acquisition Act, 1894. 4. Reserving such liberty, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT:PA List No.: 1 Sl No.: 5