- 1 - HC-KAR NC: 2025:KHC-D:15778 WP No. 106660 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 106660 OF 2023 (LA-KHB) BETWEEN: 1. REVANASIDDAPPA S/O. MALLAPPA MAJJAGI, AGE: 71 YEARS, OCC: AGRICULTURE, R/O. RANEBENNUR PATTANA, TQ: RANEBENNUR, DIST: HAVERI – 581115. 2. PANCHAPPA S/O. MALLAPPA MAJJAGI, AGE: 57 YEARS, OCC: AGRICULTURE, R/O. H. NO.347, SOPPIN PETE, KURABAGERI, TQ: RANEBENNUR, DIST: HAVERI – 581115. 3.SHANKRAPPA S/O. SIDDAPPA MAJJAGI, AGE: 73 YEARS, OCC: AGRICULTURE, R/O. H. NO.30/0447, SOPPIN PETE, KURABAGERI, TQ: RANEBENNUR, DIST: HAVERI – 581115. 4. MALLAPPA S/O. SIDDAPPA MAJJAGI, AGE: 70 YEARS, OCC: AGRICULTURE, R/O. H. NO.27/0386, SOPPIN PETE, KURABAGERI, TQ: RANEBENNUR, DIST: HAVERI – 581115. 5. MANJAPPA S/O. SIDDAPPA MAJJAGI, AGE: 56 YEARS, OCC: AGRICULTURE, R/O. H. NO. 30/0447, SOPPIN PETE, KURABAGERI, TQ: RANEBENNUR, DIST: HAVERI – 581115. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15778 WP No. 106660 of 2023 6. SHANTHAMMA W/O. MAHADEVAPPA M, AGE: 66 YEARS, OCC; HOUSEHOLD, R/O. H.NO.47, BULLAPURA, KONDAJJI HARIHARA, DAVANAGERE – 577589. 7. ANADAPPA S/O. M. MAHADEVAPPA, AGE: 43 YEARS, OCC; AGRICULTURE, R/O. H.NO.2, KENCHANAHALLI POST, BULLAPURA, KENCHENAHALLI, DAVANAGERE – 577589. 8. MALLAMMA W/O. RAJANAGOUDA SANKANAGOUDA, AGE: 41 YEARS, OCC: HOUSEHOLD, R/O. H.NO.28, CHIKKA KURAVATTI, RANEBENNUR, HAVERI – 581115. …PETITIONERS (BY SMT. VAIBHAVI INAMDHAR FOR SRI. DINESH M KULKARNI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP.BY SECRETARY FOR DEPT. OF REVENUE (LAND ACQUISITION-2), VIKAS SOUDHA. BENGALURU. 2. THE KARNATAKA HOUSING BOARD, KAVERI BHAVAN, BENGALURU, REPRESENTED BY ITS COMMISSIONER, 3. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, OFFICE OF DISTRICT PLANNING, HAVERI DISTRICT, HAVERI. 4. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA HOUSING BOARD, BENGALURU. - 3 - HC-KAR NC: 2025:KHC-D:15778 WP No. 106660 of 2023 5. THE ASSISTANT DIRECTOR OF LAND RECORDS, RANEBENNUR, DIST: HAVERI. …RESPONDENTS (BY SRI.RAMESH CHIGARI, AGA FOR R1 AND R5; SMT. ROOPALI N. KUNNE AND SRI. S.S. KALLATTI, ADVOCATES FOR R3 AND R4; R2-SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO: I) TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING TO CONSIDER THE REPORT BEARING PROCEEDINGS NO. PÀUÀȪÀÄA/PÁC/¸ÀPÁC/eÉAiÉÆÃPÀ/ºÁªÉÃj PÀUÀȪÀÄA/PÁC/¸ÀPÁC/eÉAiÉÆÃPÀ/ºÁªÉÃj PÀUÀȪÀÄA/PÁC/¸ÀPÁC/eÉAiÉÆÃPÀ/ºÁªÉÃj PÀUÀȪÀÄA/PÁC/¸ÀPÁC/eÉAiÉÆÃPÀ/ºÁªÉÃj /331/2021-22 DATED 12/11/2021 VIDE ANNEXURE-K AND ISSUE A NOTIFICATION DELETING THE LAND OF THE PETITIONER BEARING R.S. NO. 865/4 MEASURING 2 ACRES 9 GUNTAS OUT OF 4 ACRE 14 GUNTAS OF RENEBENNUR, RENEBENNUR TALUKA, HAVERI DISTRICT FROM ACQUISITION PROCEEDINGS. II) CONSEQUENTLY, TO DIRECT THE RESPONDENT NOS. 2 AND 4 TO RESTORE THE LEGAL POSSESSION OF THE LAND BEARING R.S. NO. 865/4 MEASURING 2 ACRES 9 GUNTAS OUT OF 4 ACRE 14 GUNTAS OF RANEBENNUR, RANEBENNUR TALUKA, HAVERI DISTRICT TO THE PETITIONER. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:15778 WP No. 106660 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. Learned counsel for the petitioners seeks leave of this Court to amend the typographical error in the prayer with regard to the extent of land which is narrated in the petition. The permission so sought is granted. 2. The petitioners are before this Court seeking the following prayer: a. To Issue a writ in the nature of Mandamus directing to consider the Report bearing Proceedings No. PÀUÀȪÀÄA/PÁC/¸ÀPÁC/eÉ AiÉÆà PÀUÀȪÀÄA/PÁC/¸ÀPÁC/eÉ AiÉÆà PÀUÀȪÀÄA/PÁC/¸ÀPÁC/eÉ AiÉÆà PÀUÀȪÀÄA/PÁC/¸ÀPÁC/eÉ AiÉÆà PÀ/ºÁªÉÃj PÀ/ºÁªÉÃj PÀ/ºÁªÉÃj PÀ/ºÁªÉÃj/331/2021-22 dated 12/11/2021 vide Annexure-K and issue a Notification deleting the land of the Petitioner bearing R.S. No.865/4 measuring 2 acres 9 guntas out of 4 acre 14 guntas of Renebennur, Renebennur taluka, Haveri district from acquisition proceedings. b. Consequently, to direct the Respondent Nos.2 and 4 to restore the legal possession of the land bearing R.S.No. 865/4 measuring 2 acres 9 guntas out of 4 acre 14 guntas of Ranebennur, Ranebennur Taluka, Haveri District to the Petitioners. c. To issue any other writ/order deemed fit by this Hon’ble Court. 3. Heard the learned counsel Sri.Vaibhavi Inamdhar appearing for the petitioners, the learned AGA Sri.Ramesh - 5 - HC-KAR NC: 2025:KHC-D:15778 WP No. 106660 of 2023 Chigari for respondent Nos.1 and 5, Smt.Roopali Kunne and Sri.S.S.Kallatti appearing for respondent Nos.3 and 4. 4. The 2nd respondent, the Karnataka Housing Board (hereinafter referred to as ‘the Board’, for short), in order to develop a residential layout at Ranebennur, notifies a scheme and consequent acquisition for the purpose of the said scheme, indicating lands for acquisition, which included the land of the petitioners in R.S.No.865/4 to the extent of 2 acres and 9 guntas. The final notification thereon was issued on 16.11.2010. An award comes to be passed. It transpires that certain proceedings were pending before the DDLR and the DDLR Haveri then on 15.06.2016 is said to have submitted a report that the land of these petitioners are not utilized and should be returned to the petitioners. 5. Petitioners then make representation to the respondent No.2 for return of the land on the score that the land had not been utilized. The 3rd respondent is also said to have submitted a report to the 2nd respondent indicating that the land of the petitioners are not utilized. - 6 - HC-KAR NC: 2025:KHC-D:15778 WP No. 106660 of 2023 6. Notwithstanding the same, the 2nd respondent has not passed any order with regard to the claim of these petitioners upon the representations which were submitted. 7. It transpires that a report is also in placed from the hands of the respondent No.3 to respondent No.2. All of which would clearly indicate that the lands of these petitioners have not been utilized. If the lands have not been utilized appropriate action in terms of the reports ought to have been taken by the respondent No.4. The respondent No.4 having not taken any action is what has driven these petitioners to this Court in the subject petition. 8. The learned counsel for the petitioners would reiterate the grounds setout therein and submit that a direction may be issued to the respondent No.4 to pass necessary orders on the reports that are submitted. 9. The counsel appearing for the respondents would submit that if reasonable time is granted, the report submitted by the 3rd respondent to the 2nd respondent would bear consideration in accordance with law and appropriate orders would be passed. - 7 - HC-KAR NC: 2025:KHC-D:15778 WP No. 106660 of 2023 10. In the light of the said circumstance, I deem it appropriate to dispose the subject petition with a direction to the 4th respondent to consider the report submitted by the 3rd respondent to the 2nd respondent and pass necessary orders in accordance with law within an outer limit of 3 months from the date of receipt of the copy of the order, if not earlier. KGK CT:ANB List No.: 1 Sl No.: 11 Sd/- (M.NAGAPRASANNA) JUDGE