- 1 - HC-KAR NC: 2025:KHC-D:15124 WP No. 106187 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 106187 OF 2024 (GM-RES) BETWEEN: 1. N. P. RENUKA RAJU S/O. PARASHURAM, AGE. 56 YEARS, R/O. 82, KODIYAL KUMARAPATTANEM, SUB DISTRICT. RANEBENNUR, DIST. HAVERI – 581 123. 2. NAGARAJ P. S/O. PARASHURAM, AGE. 49 YEARS, R/O. KODIYAL KUMARAPATTANEM SUB DISTRICT RANEBENNUR, DIST. HAVERI – 581 123. 3. THIRUKAPPA HANUMANTHAPPA KARUR S/O. HANUMANTHAPPA KARUR, AGE. 56 YEARS, R/O. HEAD POST NELAVAGILU NELAVAGILU TQ., DIST. HAVERI – 581 123. 4. RUDRACHAR KAMMAR S/O. MANACHARI, AGE. 75 YEARS, R/O. 114, NALAWAGALA NALAVAGAL, RANEBENNUR, DIST. HAVERI – 581 123. 5. HANAMANTHAPPA RAJAPPA CHITTENAHALLI S/O. LATE RAJAPPA CHITTENAHALLI, AGE.37 YEARS, R/O. NALAWAGAL, NALAVAGAL, RANEBENNUR, DIST. HAVERI – 581 123. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15124 WP No. 106187 of 2024 6. BASAVARAJU HANUMANTHAPPA MAHADEVAPPA SIRIGERI S/O. HANUMANTAPPA SIRIGERI, AGE. 62 YEARS, R/O. DURGA COLONY, KUMAR PATTANAMA, KAWALETTU, KUMARAPATTANAM, DIST. HAVERI – 581 123. …PETITIONERS (BY SRI. DEEKSHA N. AMRUTHESH & AMRUTESH N.P., ADVS) AND: 1. GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560 001, REP. BY ITS CHIEF SECRETARY. 2. THE PRESIDENT OF THE COMMITTEE CONSTITUTED, BY GOVT. OF KARNATAKA FOR REHIBILITATION OF VILLAGE, NALUVAGILU VILLAGE, VIDHANA SOUDHA, BENGALURU - 560 001 REP. BY DEPUTY COMMISSIONER, HAVERI, DIST. HAVERI. 3. THE DEPUTY COMMISSIONER, DIST. HAVERI – 581 123. 4. ASSISTANT COMMISSIONER, HAVERI SUB DIVISION, HAVERI, DIST. HAVERI – 581 123. 5. ASSISTANT EXECUTIVE ENGINEER, ZILLA PANCHAYATH, ENGINEERING SUB-DRAIN, RANEBENNUR, DIST. HAVERI – 581 123. 6. TAHSILDAR, RANEBENNUR, DIST. HAVERI – 581 123. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) - 3 - HC-KAR NC: 2025:KHC-D:15124 WP No. 106187 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS, DIRECTING THE RESPONDENT NOS. 2 TO 6, TO CONSIDER THE REPRESENTATIONS OF THE PETITIONERS VIDE ANNEXURE-E, E1 DATED 23.05.2023 E2 E3, E4 DATED 01.08.2023, 16.05.2022 AND ALLOT THE HOUSE SITES WHICH ARE AVAILABLE IN THE KODIYAL VILLAGE, IN THE INTEREST OF JUSTICE AND EQUITY. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT STATE GOVERNMENT TO ALLOT HOUSES TO THE PETITIONERS IN THE RESERVED LAND AT KODIYAL VILLAGE VIDE ANNEXURE - F, AS PART OF THE REHABILITATION PROCESS INITIATED FOR THE DISPLACED FAMILIES OF NELAVAGILU VILLAGE, IN ACCORDANCE WITH THE PRINCIPLES OF EQUITY, NON-DISCRIMINATION, AND THE REHABILITATION AND RESETTLEMENT POLICY, IN THE INTEREST OF JUSTICE AND EQUITY. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NOS. 2 TO 6, ENSURE THE IMMEDIATE AND FULL IMPLEMENTATION OF THE REHABILITATION SCHEME, INCLUDING THE PROVISION OF ALL NECESSARY AMENITIES AND INFRASTRUCTURE IN THE ALLOTTED HOUSES, TO RESTORE THE PETITIONERS RIGHT TO LIFE WITH DIGNITY UNDER ARTICLE 21 OF THE CONSTITUTION OF INDIA, IN THE INTEREST OF JUSTICE AND EQUITY. ISSUE A WRIT OF MANDAMUS DIRECTING AND MANDATING THE RESPONDENT STATE GOVERNMENT TO PROVIDE ADEQUATE COMPENSATION TO THE PETITIONERS FOR THE DELAY AND HARDSHIPS SUFFERED DUE TO THE PROLONGED INACTION AND RESPONDENT NOS. 2 TO 6 TO PAY/ COMPENSATE A MINIMUM OF RS.25 LAKHS PER PETITIONER HEREIN FOR THEIR REHABILITATION PROCESS. ISSUE A WRIT OF MANDAMUS, DIRECTING THE RESPONDENT STATE GOVERNMENT TO TAKE APPROPRIATE LEGAL AND ADMINISTRATIVE ACTION AGAINST THE OFFICERS OR AUTHORITIES FOUND TO HAVE ENGAGED IN ARBITRARY OR POLITICALLY INFLUENCED ALLOTMENT OF HOUSES, LEADING TO THE EXCLUSION OF ELIGIBLE PETITIONERS FROM THE REHABILITATION PROCESS AND SUBMIT THE REPORT BEFORE THIS HON BLE COURT FOR FURTHER ACTION, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:15124 WP No. 106187 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioners are before this Court seeking the following prayer: A. Issue a Writ of mandamus, directing the Respondent nos. 2 to 6, to consider the representations of the petitioners vide Annexure-E, E1 dated 23.05.2023 E2 E3, E4 dated 01.08.2023, 16.05.2022 and allot the house sites which are available in the Kodiyal village, in the interest of justice and equity. B. Issue a writ of mandamus directing the Respondent state Government to allot houses to the petitioners in the reserved land at Kodiyal Village vide Annexure - F, as part of the rehabilitation process initiated for the displaced families of Nelavagilu village, in accordance with the principles of equity, non-discrimination, and the Rehabilitation and Resettlement policy, in the interest of justice and equity. C. Issue a Writ of mandamus directing the respondent nos. 2 to 6, ensure the immediate and full implementation of the rehabilitation scheme, including the provision of all necessary amenities and infrastructure in the allotted houses, to restore the petitioners right to life with dignity under Article 21 of the Constitution of India, in the interest of justice and equity. D. Issue a Writ of mandamus directing and mandating the Respondent State Government to provide adequate compensation to the petitioners for the delay and hardships suffered due to the prolonged inaction And Respondent nos. 2 to 6 to pay/ compensate a minimum of RS.25 Lakhs per petitioner herein for their rehabilitation process. C. Issue a Writ of mandamus, directing the Respondent state Government to take appropriate legal and administrative action against the officers or authorities found to have engaged in arbitrary or politically influenced allotment of houses, leading to the exclusion of - 5 - HC-KAR NC: 2025:KHC-D:15124 WP No. 106187 of 2024 eligible petitioners from the rehabilitation process and submit the report before this Hon’ble Court for further action, in the interest of justice and equity. D. Grant any other relief that this Hon’ble Court deems fit under the facts and circumstances of the case, in the interest of equity and justice. 2. Heard the learned counsel for the petitioners and the learned AGA appearing for the respondents-State. 3. The petitioners are all applicants or claimants for alternative site in terms of what the State had proposed to rehabilitate all those persons who are living beside the Harihara Poly fibres i.e., Nelavagilu Village to Kodiyal Village. 4. The litigation being generated on the issue and the State coming up with the said plea are all a matter of record. The issue now is that the petitioners have not been allotted or relocated or rehabilitated as is done to others of the village. In that light the petitioners are before the Court seeking a direction to allot these petitioners also those rehabilitated places. 5. The learned AGA on instructions and verification of the records would submit that out of 478 allotments that had to be made, only 436 has been made and therefore the remaining are lying vacant. - 6 - HC-KAR NC: 2025:KHC-D:15124 WP No. 106187 of 2024 6. The petitioners are 6 in number. The remaining plots that are now lying vacant are 22 in number. Therefore, 22 plots are still available to be allotted to persons who are similarly situated. These petitioners are admittedly similarly situated. In that light, I deem it appropriate to dispose of the petition with a direction to the respondent-State to consider allotment of the plot to these petitioners as well, as is done in the case of every other person residing in the village are rehabilitated. The said action shall be taken within an outer limit of twelve weeks from the date of receipt of copy of this order, if not earlier. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE Kmv CT-ASC