- 1 - HC-KAR NC: 2025:KHC-D:9436 WP No. 103548 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.103548 OF 2021 (LA-RES) BETWEEN: 1. SRI. KUDRI DODDA FAKKIRAPPA, SINCE DECEASED BY HIS L.RS. 1A. SMT. KUDURI IRAMMA W/O. LATE K. DODA FAKKIRAPPA, AGE: 80 YEARS, OCC: AGRICULTURIST, R/O: HOSAPETE, TALUK: HOSAPETE, DIST: BALLARI. 1B. SRI. K. SHARABHAYYA S/O. LATE K. DODDA FAKKIRAPPA, AGE: 56 YEARS, OCC: AGRICULTURIST, R/O: HOSAPETE, TALUK: HOSAPETE, DIST: BALLARI. 1C. SRI. K. AMBANNA S/O. LATE K. DODDA FAKKIRAPPA, AGE: 50 YEARS, OCC: AGRICULTURIST, R/O: HOSAPETE, TALUK: HOSAPETE, DIST: BALLARI. 1D. SRI. CHIDANANDA S/O. LATE K. DODDA FAKKIRAPPA, AGE: 43 YEARS, OCC: AGRICULTURIST, R/O: HOSAPETE, TALUK: HOSAPETE, DIST: BALLARI. 1E. SRI. PARASHURAM S/O. LATE K. DODDA FAKKIRAPPA, AGE: 40 YEARS, OCC: AGRICULTURIST, R/O: HOSAPETE, TALUK: HOSAPETE, DIST: BALLARI. 2. KUDURI SANNA FAKKIRAPPA SINE DECEASED BY. 2A. SMT. GULEMMA W/O. LATE KUDURI SANNA FAKKIRAPPA, AGE: 80 YEARS, OCC: AGRICULTURIST, R/O: HOSAPETE, TALUK: HOSAPETE, DIST: BALLARI. …PETITIONERS (BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE) SAROJA HANGARAKI Digitally signed by SAROJA HANGARAKI Date: 2025.08.01 15:00:20 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9436 WP No. 103548 of 2021 AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRTARY, DEPARTMENT OF REVENUE, M.S. BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU – 560 001. 2. THE DEPUTY COMMISSIONER, BALLARI D.C. OFFICE, TALUK AND DISTRICT: BALLARI. 3. THE ASSISTANT COMMISSIONER, AND LAND ACQUSITION OFFICER, HOSAPETE, A.C. OFFICE, HOSAPETE, TALUK: HOSATE, DIST: BALLARI. 4. THE TAHASILDAR, HOSAPETE, TALUK: HOSAPETE, DIST: BALLARI. 5. THE MUNICIPAL COMMISSIONER, CITY MUNICIPAL COUNCIL, HOSAPETE, TALUK: HOSAPETE, DIST: BALLARI. …RESPONDENTS (BY SRI.P.N.HATTI, HCGP FOR R1 TO R4; SRI. SIDDHARTH H.M., ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO PASS ANY APPROPRIATE DIRECTION OR ANY APPROPRIATE ORDER OR ANY APPROPRIATE WRIT IN THE NATURE OF WRIT OF CERTIORARI, QUASHING THE PROCEEDINGS INITIATED UNDER SECTION 11 OF THE LAND ACQUISITION ACT 1894, BEARING NO.REV/LAQ/113/ 73-74. RI, DATED 20-02-2-1986 PRODUCED AT ANNEXURE-A, AS FAR AS PETITIONER’S LAND BEARING SURVEY NO.322-B MEASURING 4.40 ACRES, OF JAMBUNATHANAHALLI, HOBLI AND TALUKA HOSAPETEIN THE INTEREST OF JUSTICE. TO PASS ANY DIRECTION OR ANY APPROPRIATE ORDER OR ANY APPROPRIATE WRIT IN THE NATURE OF WRIT OF MANDAMUS DIRECTING RESPONDENT DEPUTY COMMISSIONER, TO DELETE THE NAME OF KARNATAKA WATER SUPPLY AND SEWERAGE BOARD IN COLUMN NO.9 OF RECORD OF RIGHT FOR SY.NO.322-B MEASURING 4.40 ACRES, OF JAMBUNATHANAHALLI, HOBLI AND TALUKA HOSAPETE IN THE INTEREST OF JUSTICE. TO PASS ANY DIRECTION OR ANY APPROPRIATE ORDER OR ANY APPROPRIATE WRIT IN THE NATURE OF WRIT OF MANDAMUS DIRECTING RESPONDENT DEPUTY COMMISSIONER, TO ENTER THE NAME OF PETITIONER IN COLUMN NO.9 OF RECORD OF RIGHT FOR NO.322-B MEASURING 4.40 ACRES OF JAMBUNATHANAHALLI, HOBLI AND TALUKA HOSAPETE AND ETC., - 3 - HC-KAR NC: 2025:KHC-D:9436 WP No. 103548 of 2021 THIS WRIT PETITION, COMING ON FOR ORDERS 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 pass any appropriate direction or any appropriate order or any appropriate writ in the nature of writ of certiorari, quashing the proceedings initiated under section 11 of the Land Acquisition Act 1894, bearing no.REV/LAQ/113/73-74. RI, dated 20-02-2-1986 produced at Annexure-A, as far as petitioner’s land bearing Survey No.322-B measuring 4.40 Acres, of Jambunathanahalli, Hobli and Taluka Hosapete in the interest of justice. b. To pass any direction or any appropriate order or any appropriate writ in the nature of writ of Mandamus directing Respondent Deputy Commissioner, to delete the name of Karnataka Water Supply and Sewerage Board in column no.9 of Record of Right for Sy.No. 322-B measuring 4.40 Acres, of Jambunathanahalli, Hobli and Taluka Hosapete in the interest of justice. c. To pass any direction or any appropriate order or any appropriate writ in the nature of writ of Mandamus directing Respondent Deputy Commissioner, to enter the name of petitioner in column no.9 of Record of Right for No.322-B measuring 4.40 acres of Jambunathanahalli, Hobli and Taluka Hosapete, in the interest of justice. 2. The Division Bench of this Court vide order dated 01.08.2023 while considering a similar matter, by referring to the order dated 14.06.2021 passed in WA No.100622/2019 has reserved liberty to the - 4 - HC-KAR NC: 2025:KHC-D:9436 WP No. 103548 of 2021 petitioners therein to take recourse to such remedy as available in law subject to all exception insofar as compensation is concerned. 3. The petitioners in the present matter would also be entitled to the very same relief. As such, reserving liberty to the petitioners to take recourse to such remedies as available in law subject to all exceptions insofar as compensation is concerned, the petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE SH/CT-ASC List No.: 1 Sl No.: 3