- 1 - HC-KAR NC: 2025:KHC:42018 WP No. 25763 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 25763 OF 2024 (LA-RES) BETWEEN: 1. SRI. SRINIVASA C O S/O LATE S P OBANNA AGED ABOUT 50 YEARS, R/O NO 761, IDIGA BEEDI, CHAMARAJANAGARA TOWN, CHAMARAJAANGARA - 571313 2. SRI SYED SAIF ULLA S/O LATE SYED ASADULLA AGED ABOUT 53 YEARS R/O NO 19/283, JAMIYA MASJID MOHALLA, KASABA HOBLI, CHAMARAJANAGARA TOWN CHAMARAJANAGARA - 571313 3. SRI ZAFAR ALI KHAN S/O LATE ABDUL GAFAR KHAN H AGE ABOUT 57 YEARS R/O NO 12/102, KSRTC BUS STAND ROAD, K P MOHALLA CHAMARAJNAGAR - 571313 4. SRI M D ZUBER S/O LATE MOHAMMED ANWAR, AGED ABOUT 47 YEARS, R/O WARD NO 22, NO 282, JAMIYA MASJID MOHALLA, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42018 WP No. 25763 of 2024 DEVIATION ROAD, CHAMARAJANAGARA TOWN - 571313 5. SRI C S ZAFARULLA S/O ABDUL SUBHAN AGED ABOUT 49 YEARS, R/O NO 82/21, MUSLIM BLOCK, K R NAGARA, TOWN MYSORE DISTRICT - 571602 6. SRI C S SAIF ULLA AGED ABOUT 54 YEARS S/O ABDUL SUBHAN R/O NO 2/288, DEVIATION ROAD, CHAMARAJANAGARA TOWN CHAMARAJANAGARA - 571313 7. SRI ZAREEN TAJ AGED ABOUT 54 YEARS W/O C S ZAIYA ULLAH AGED ABOUT 54 YEAR S R/O NO 22/280 DEVIATION ROAD, JAMIYA MASJID STREET CHAMARAJANAGARA TOWN CHAMARAJANAGARA - 571313 8. SMT UZRA BEGUM W/O SYED KHIZER AHMED AGED ABOUT 40 YEARS R/O NO 21/290 BANAJIGARA AREA, JAMIYA MASJID CHAMARAJANAGARA - 571313 9. SRI MOHAMMED SALEEM S/O ABDUL JABBAR, AGED ABOUT 46 YEARS, R/O 8TH CROSS, - 3 - HC-KAR NC: 2025:KHC:42018 WP No. 25763 of 2024 KEB COLONY ABDUL REHMAN ROAD, UDAYAGIRI MYSURU - 570019 …PETITIONERS (BY SRI. P MAHESHA.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF REVENUE, M S BUILDING BENGALURU - 560001 2. THE DEPUTY COMMISSIONER CHAMARAJANAGARA DISTRICT CHAMARAJANAGARA - 571313 3. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT CHAMARAJANAGARA - 571313 4. THE COMMISSIONER CHAMARAJANAGAR MUNICIPAL COUNCIL CHAMARAJANAGAR TOWN CHAMARAJANAGARA - 571313 5. THE TAHSILDAR CHAMARAJANAGAR TALUK CHAMARAJANAGARA - 571313 …RESPONDENTS (BY SRI. HARISHA A.S., AGA FOR R1 TO R3 AND R5; SRI. A NAGARAJAPPA, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITIES TO CONSIDER THE CLAIM OF THE PETITIONERS FOR THE PAYMENT OF - 4 - HC-KAR NC: 2025:KHC:42018 WP No. 25763 of 2024 COMPENSATION BY CONSIDERING THE REPRESENTATIONS DATED 08.07.2024, 18.03.2024 AND 21.07.2024 SUBMITTED BY PETITIONER NOS. 1 TO 7, PETITIONER NO.8 AND PETITIONER NO.9 RESPECTIVELY VIDE ANNEXURE-B TO B16. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Learned Addl. Government Advocate accepts notice for respondent Nos.1 to 3 and 5. 2. Sri. Nagarajappa, learned counsel is directed to take notice for respondent No.4. 3. Heard learned counsel appearing for the petitioners and learned Addl. Government Advocate for the respondents. 4. The petitioners have approached this Court seeking a writ of mandamus directing the respondents-Authorities to consider their claim for payment of compensation by taking into account the - 5 - HC-KAR NC: 2025:KHC:42018 WP No. 25763 of 2024 representations dated 08.07.2024, 18.03.2024 and 21.07.2024 submitted by the petitioners at Annexures-B to B8. 5. The petitioners claim to be the absolute owners of their respective properties as indicated in paragraph No.10 of the memorandum of writ petition. The case of the petitioners is that their lands have been demolished and taken over by the respondent-Authorities for the purpose of widening the deviation road, though no formal acquisition proceedings were initiated. Despite the demolition and utilization of their properties since 2017, the Authorities have not considered the petitioners' claim for compensation. 6. Per contra, learned counsel appearing for respondent No.1-State submits that the petitioners have not submitted their representation to the proper Authority. It is contended that, the representations were submitted to the Commissioner, Chamarajanagar Municipal Council, - 6 - HC-KAR NC: 2025:KHC:42018 WP No. 25763 of 2024 whereas the Deputy Commissioner is the Competent Authority to consider the claims for compensation. It is further submitted that, if the representations are submitted to the Deputy Commissioner, the same would be considered in accordance with law. 7. The said submission is recorded. 8. From the records, it is seen that the petitioners have submitted their representations at Annexures-B to B8 to respondent No.4-Commissioner, Municipal Council. Though the widening of road is by the respondents-Authorities, the Competent Authority to consider the petitioners' claim is the Deputy Commissioner. 9. In light of the above, this Court pass the following: ORDER i) The writ petition is disposed of. - 7 - HC-KAR NC: 2025:KHC:42018 WP No. 25763 of 2024 ii) Petitioners are at liberty to submit their representations to respondent No.2-Deputy Commissioner within a period of two(2) weeks from the date of receipt of a certified copy of this order. iii) Upon receipt of such representation, respondent No.2-Deputy Commissioner shall consider the same within a period of four(4) weeks thereafter. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 2