- 1 - HC-KAR NC: 2025:KHC-D:11574 WP No. 106187 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.106187 OF 2025 (KLR-RR/SUR) BETWEEN: 1. SRI. LAKSHAMAPPA S/O. NINGAPPA TALAKAL, AGED ABOUT 57 YEARS, OCC. TEACHER, R/O. TIGARI VILLAGE, TQ. AND DIST. KOPPAL-583226. 2. SRI. KRISHNAPPA S/O. NINGAPPA TALAKAL, AGED ABOUT 48 YEARS, OCC. TEACHER, R/O. TIGARI VILLAGE, TQ. AND DIST. KOPPAL-583226. …PETITIONERS (BY SRI. S.R. HEGDE AND ASSOCIATES, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY. ITS SECRETARY, M.S. BUILDING, BANGALORE-01. 2. THE DEPUTY COMMISSIONER KOPPAL, DIST. KOPPAL-583231. 3. THE ASSISTANT COMMISSIONER KOPPAL, DIST. KOPPAL-583231. 4. THE TAHSILDAR KOPPAL, DIST. KOPPAL-583231. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11574 WP No. 106187 of 2025 5. THE DEPUTY DIRECTOR OF LAND RECORD KOPPAL, DIST. KOPPAL-583231. 6. THE ASSISTANT DIRECTOR OF LAND RECORD KOPPAL, DIST. KOPPAL-583231. 7. THE PANCHAYAT DEVELOPMENT OFFICER MATTUR GRAM PANCHAYAT, TQ. AND DIST. KOPPAL-583238. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R6; SRI. VIJAYKUMAR BALIGERIMATH, ADVOCATE FOR R7) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO; A. TO ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.6 TO CARRYOUT THE SURVEY WORK AS PER THE APPLICATION DATED 28-02- 2023 MADE BY THE PETITIONER VIDE ANNEXURE-D AND TO ISSUE REPORT TO THAT EFFECT; B. ALTERNATIVELY, IF COURT COMES TO THE CONCLUSION THAT, THE LAND IN SY.NO.37 (OLD SY.NO.36) TO AN EXTENT OF 1 ACRE 31 GUNTAS IS ACQUIRED FOR GOANTHANA, UNDER SUCH CIRCUMSTANCES, ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO INITIATE ACQUISITION PROCEEDINGS AND TO AWARD COMPENSATION AND ALSO DAMAGES CAUSED TO THE PETITIONERS BY THE ILLEGAL ACT OF THE RESPONDENT NO.7 AND TO MAKE PAYMENTS TO THE PETITIONERS; C. GRANT ANY OTHER WRIT OR DIRECTION THAT THIS HON BLE COURT DEEMS JUST AND PROPER IN THE CIRCUMSTANCES OF THE CASE MAY PLEASE BE PASSED, IN THE ENDS OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC-D:11574 WP No. 106187 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a. To issue writ of mandamus directing the respondent No.6 to carryout the survey work as per the application dated 28-02-2023 made by the petitioner vide Annexure-D and to issue report to that effect. b. Alternatively, if court comes to the conclusion that, the land in Sy.No.37 (old Sy.No.36) to an extent of 1 acre 31 guntas is acquired for goanthana, under such circumstances, issue writ of mandamus directing the respondent No.2 to initiate acquisition proceedings and to award compensation and also damages caused to the petitioners by the illegal act of the respondent No.7 and to make payments to the petitioners. c. Grant any other writ or direction that this Hon’ble Court deems just and proper in the circumstances of the case may please be passed, in the ends of justice and equity. 2. The petitioners claim to be the owners of the land bearing Survey No.37 (old survey No.36) of Tigari Village, Koppal Taluk. An application submitted by the - 4 - HC-KAR NC: 2025:KHC-D:11574 WP No. 106187 of 2025 petitioners for survey of the entire land was not considered by the respondents on the ground that the portion of the land has been used as a Gounthana and as such, the survey could not be done of the entire property. 3. The revenue records indicate that the petitioners’ land is situated in Survey No. 37 (old Survey No. 36); therefore, it was but required for the respondents to carry out the survey of the entire land and if any particular portion has been used for any other purpose, to mark the same and to provide reasons as to on what basis the said usage has been made. The same not having been done, I pass the following; ORDER i. Writ petition is allowed. ii. A writ of mandamus is issued directing respondent No. 6 to carryout a survey of the - 5 - HC-KAR NC: 2025:KHC-D:11574 WP No. 106187 of 2025 land bearing Survey No.37 (old Survey No.36) of Tigari Village, Koppal Taluk. iii. The survey shall commence at 10:30 a.m. on 22.09.2025, and a survey report to be furnished to the petitioner within three weeks thereafter. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT:PA List No.: 1 Sl No.: 102