- 1 - NC: 2025:KHC-D:2774 WP No. 106053 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 106053 OF 2024 (GM-RES) BETWEEN: 1. PRASHANT S/O. SHIVAKUMARGOUDA PATIL, AGE. MAJOR, R/O. INGALGI VILLAGE, ILKAL TALUK, BAGALKOTE DISTRICT. 2. SOMAPPA S/O. PRASHANT TALWAR, AGE. 40 YEARS, OCC. AGRICULTURE, R/O. HERUR VILLAGE, ILKAL TALUK, BAGALKOTE DISTRICT. 3. MALLAPPA S/O. HANUMAPPA HUBBALLI, AGE. 45 YEARS, OCC. AGRICULTURE, R/O. 10TH WARD, GOTAGI VILLAGE, KOPPAL DISTRICT. 4. NINGAPPA S/O. HANAMAPPA PUJAR, AGE. MAJOR, R/O. INGALGI VILLAGE, ILKAL TALUK, BAGALKOTE DISTRICT. …PETITIONERS (BY SRI. SANTOSH B. MALLIGAWAD, ADVOCATE) AND: 1. THE EXECUTIVE ENGINEER, KRISHNA BHAGYA JAL NIGAM LTD., NLBC DIVISION, RODALBANDA, NARAYANPUR, DIST. RAICHUR- 584115. 2. THE ASSISTANT EXECUTIVE ENGINEER, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:2774 WP No. 106053 of 2024 KRISHNA BHAGYA JAL NIGAM LTD., SUB-DIVISION, ILKAL- 587125. 3. THE ASSISTANT COMMISSIONER SPL. LAND ACQUISITION OFFICER, ILKAL- 587125. 4. M/S. SHANKARNARAYANA CONSTRUCTIONS PVT. LTD., BENGALURU, O/O. NO. 9, RAJARAMOHAN ROY ROAD, ASHOK NAGAR, BENGALURU- 560025. …RESPONDENTS (BY SRI CHETAN MUNNOLLI, ADVOCATE FOR R1 & R2, SRI SHARAD V. MAGADUM, AGA FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA IS PRAYING TO, WHEREFORE IT IS MOST HUMBLY PRAYED THAT THIS HON’BLE COURT MAY BE PLEASED TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 TO 3 TO CONSIDER THE REPRESENTATION OF THE PETITIONERS AT ANNEXURES B DATED 07/10/2023 AND ANNEXURE C DATED 15/03/2022, IN THE INTERESTS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 7. The petitioners are before this Court seeking the following prayer: “To issue a writ in the nature of mandamus directing the respondents No.1 to 3 to consider the representation of the petitioners at Annexures-B dated 07/10/2023 and Annexure-C dated 15/03/2022, in the interest of justice and equity.” - 3 - NC: 2025:KHC-D:2774 WP No. 106053 of 2024 8. The petitioners are the owner of a particular piece of land as described in the petition. The grievance of the petitioners is that the respondent-Krishna Bhagya Jal Nigam Limited, has laid water pipes in a very precarious manner, as if a tractor would pass on the said water pipe, the water pipe itself would be broken and would put the crops that are in the adjacent area to complete jeopardy. In that light a representation comes to be submitted by the petitioners to the respondent No.1, which has not yet met its consideration. Therefore the petitioners are before this Court in a subject petition. 9. The learned counsel Sri.Chetan Munnoli representing respondent Nos.1 and 2 submits that there is warrant to entertain the petition as the petitioners are venting out grievance which is not in real time. 10. Learned AGA Sri.Sharad V.Magadum would also toe the lines of the counsel. 11. Be those submissions as they are, the petitioners have appended certain photographs to the petition. The photographs would somewhat depict pipes - 4 - NC: 2025:KHC-D:2774 WP No. 106053 of 2024 being laid by the respondents in a precarious manner and there is certain leakage also already in the pipes. Therefore before the pipes could completely leak and destroy the crops of these poor farmers, it is necessary that the respondent Nos.1 and 2 would conduct a spot inspection of the area which the petitioners are now claiming to be in a dangerous state, and by considering their representations, pass necessary orders, in accordance with law, within 2 months from the date of receipt of the copy of this order, if not earlier. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE KGK List No.: 1 Sl No.: 30