- 1 - HC-KAR NC: 2025:KHC-D:17779 WP No. 100884 of 2021 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100884 OF 2021 (LA) BETWEEN: SHANKREPPA S/O. SHARIF BIRANNAVAR, AGE. 39 YEARS, OCC. AGRICULTURE, R/O. UGGINKERI, TQ. KALGHATAGI, DIST. DHARWAD – 580 001. …PETITIONER (BY SRI. VINAY S. KOUJALAGI, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER, HUBLI-ANKOLA BROAD-GUAGE RAILWAY, ANKOLA, DIST. UTTARA KANANDA – 577 419. 2. DEPUTY CHIEF ENGINEER, CONSTRUCTION, S.W.RAILWAY, HUBBALLI – 580 009. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. MALLIKARJUN S. HIREMATH, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS TO PAY COMPENSATION TO THE PETITIONER AS PER THE ORDER PASSED BY THIS HON'BLE COURT VIDE ORDER DATED 27.04.2019 IN MFA 25192/2011 PRODUCED AT ANENXURE-C IN RESPECT OF 11 GUNTAS IN R.S.NO.87/3 4 OF UGGINKERI VILLAGE IN KALGHATAGI TALUKA BELONGING TO THE PETITIONER BY CONSIDERING THE REPRESENTATION DATED 02.11.2020 PRODUCED AT ANNEXURE-G, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:17779 WP No. 100884 of 2021 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer. “A. Issue a writ in the nature of Mandamus or any other writ, order or direction directing the respondents to pay compensation to the petitioner as per the order passed by this Hon'ble court vide order dated 27.04.2019 in MFA 25192/2011 produced at Anenxure-C in respect of 11 Guntas in R.S.No.87/3 4 of Ugginkeri village in Kalghatagi Taluka belonging to the petitioner by considering the representation dated 02.11.2020 produced at Annexure-G, in the interest of justice and equity. B. Grant such other reliefs as deemed fit in the circumstances of the case and in the interest of justice and equity.” 2. Heard the learned counsel Sri. Vinay S. Koujalagi, appearing for the petitioner and the learned AGA Smt. Girija S. Hiremath representing the respondent No.1 and the learned counsel Sri. Mallikarjun S. Hiremath for respondent No.2. 3. A portion of the lands of the petitioner becomes the subject matter of acquisition by the Railways and the compensation was paid to the petitioner on 27.05.2004. The civil Court said to have enhanced the compensation and before this Court in the Miscellaneous First Appeal it was further enhanced. - 3 - HC-KAR NC: 2025:KHC-D:17779 WP No. 100884 of 2021 After the said enhancement, the petitioner on a joint measurement of the property, it transpired that 11 guntas of land beyond what was found earlier, is said to have been acquired by the respondent. In that light, the petitioner submits a representation seeking compensation for the additional 11 guntas that was acquired. 4. The learned HCGP submits that the 11 guntas of land that was pursuant to a joint measurement discovered that it was also acquired, the SLAO has already paid the compensation. 5. The petitioner is seeking enhanced compensation in the light of the enhancement of compensation to the land that was already acquired as determined. The said representation is yet to meet its consideration. The learned HCGP submits that the action would be taken in accordance with law. 6. The representation of the petitioner would be considered and necessary orders thereon would be passed. If the representation is already considered, it is open to the petitioner to avail of such remedy, as is available in law. - 4 - HC-KAR NC: 2025:KHC-D:17779 WP No. 100884 of 2021 7. In the event it is not considered, the same shall be considered with an outer limit of twelve weeks from the date of receipt of the copy of this order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RSH/CT-ASC List No.: 1 Sl No.: 26