- 1 - NC: 2025:KHC-D:5200 WP No. 106808 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS. JUSTICE M.G.UMA WRIT PETITION NO.106808 OF 2024 (KLR-RES) BETWEEN: SRI. YASHWANT @ YASHAWANTREDDI S/O. GIRIYAPPA SHETARADDI, AGE: 71 YEARS, OCC: AGRICULTURIST, R/O. MAGADI,TQ: SHIRAHATTI, DIST: GADAG-582120. …PETITIONER (BY SRI. H. M. DHARIGOND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF RURAL AND PANCHAYATH RAJ, M.S. BUILDING, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, GADAG, DISTRICT: GADAG-582101. 3. THE ASSISTANT COMMISSIONER -CUM- AND ACQUISITION OFFICER, GADAG DIVISION, DISTRICT. GADAG-582101. 4. THE TAHASILDAR, SHIRAHATTI TALUK SHIRAHATTI, DISTRICT: GADAG-582120. 5. THE EXECUTIVE OFFICER PUBLIC WORKS DEPARTMENT, SHIRAHATTI TALUK SHIRAHATTI, DISTRICT. GADAG-582120. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:5200 WP No. 106808 of 2024 6. THE ASSISTANT EXECUTIVE OFFICER, PUBLIC WORKS DEPARTMENT SHIRAHATTI, TALUK: SHIRAHATTI, DISTRICT: GADAG-582120. 7. THE PRESIDENT / ADYAKSHA GRAM PANCHAYATH OFFICE MAGADI, TALUK: SHIRAHATTI, DISTRICT: GADAG-582120. 8. THE HEAD MASTER ShRI GIRIYAPPA HANUMAPPA SHETRADDI GOVERNMENT BOYS SCHOOL, MAGADI, TALUK: SHIRAHATTI, DISTRICT: GADAG-582120. …RESPONDENTS (BY SRI.T.HANUMAREDDY, AGA, FOR R1 TO R6 & R8; SRI. LAXMAN T. MANTAGANI, ADVOCATE FOR R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE: A) A WRIT IN THE NATURE OF MANDAMUS DIRECT THE SECOND RESPONDENT TO CONSIDER THE REPRESENTATION DATED 06-08-2024 SUBMITTED BY THE PETITIONER VIDE ANNEXURE-P AND TO INITIATE THE ACQUISITION PROCEEDINGS AND TO PAY THE COMPENSATION AMOUNT TO THE PETITIONER TO THE PETITIONER IN RESPECT OF LAND MEASURING 15 GUNTAS OUT OF 1 ACRE 25 GUNTAS IN SY.NO.1/1C OF MAGADI, VILLAGE OF SIRAHATTI TALUK IN GADAG DISTRICT. b) A WRIT IN THE NATURE OF MANDAMUS DIRECT THE SECOND RESPONDENT TO CONSIDER AND DISPOSE THE APPEAL FILED BY THE PETITIONER UNDER SECTION 25 OF THE KARNATAKA LAND REVENUE ACT VIDE ANNEXURE-Q. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2025:KHC-D:5200 WP No. 106808 of 2024 CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER The petitioner has approached this Court seeking issuance of writ in the nature of Mandamus directing respondent No.2, the Deputy Commissioner, Gadag District to consider the representation dated 06.08.2024 submitted by the petitioner, produced as per Annexure-P requesting to initiate acquisition proceedings and pay compensation to the petitioner in respect of land measuring 15 guntas out of 1.25 acres in Sy.No.1/1C sitated at Magadi village, Shirahatti Taluk, Gadag District. 2. Heard Shri H.M.Dharigond, learned counsel for the petitioner, Shri T. Hanumareddy, learned Additional Government Advocate for respondent Nos.1 to 6 – State and Sri Laxman T. Mantagani, learned counsel for respondent No.7. Perused the materials on record. 3. It is the contention of the learned counsel for the petitioner that Annexure-G is the report submitted by the Tahsildar dated 11.06.2021 to the Assistant - 4 - NC: 2025:KHC-D:5200 WP No. 106808 of 2024 Commissioner, Gadag Sub-Division, where it is specifically stated that, out of Sy.No.1/1 of Magadi village, Shirhatti taluk of Gadag District, 1.01 acres of land is encroached by a private party, 3.04 guntas is encroached by the Public Works Department, 4.14 guntas is encroached by the Magadi Gram Panchayath for forming road and another 0.10 guntas of land is used for Government School. Thus, total extent of 8.12 guntas of land is encroached by various departments. In spite of that, it is stated that the Deputy Commissioner, Gadag has not initiated any action to acquire the land, and for payment of compensation. The petitioner submitted a representation dated 06.08.2024 produced as per Annexure-K, requesting the Deputy Commissioner, Gadag to initiate action against the PDO who is trying to form the road forcibly in the land belonging to the petitioner. 4. As per the order dated 06.01.2025, this Court directed jurisdictional ADLR to survey the land bearing Sy.No.1/1 c of Magadi village and to submit the report. It - 5 - NC: 2025:KHC-D:5200 WP No. 106808 of 2024 is specifically directed that, the survey should be conducted on 21/1/2025 at 10:30 a.m. and the report shall be submitted on or before 29.01.2025. However, a survey sketch is filed by the learned Additional Government Advocate on 17.02.2025, showing various encroachments over the land belonging to the petitioner. 5. Learned Additional Government Advocate submits that the acquisition proceedings in respect of the land which is already encroached by the Government is initiated, and the required notification will be issued shortly. But, it is unfortunate to note that the Deputy Commissioner is sitting over the file, ignoring the fact that the land belonging to a private party is being encroached highhandedly without acquiring the same in accordance with law. In spite of bringing it to his notice there is inaction in the matter which is highly objectionable. 6. Learned Additional Government Advocate has produced the letter dated 23.02.2025, issued by the Assistant Commissioner, Gadag sub-division, addressing to - 6 - NC: 2025:KHC-D:5200 WP No. 106808 of 2024 the learned Additional Government Advocate, informing that the Deputy Commissioner has directed the Assistant Commissioner to submit the proposal to initiate acquisition proceedings. In view of the submission made by the learned Additional Government Advocate that the acquisition proceedings will be initiated shortly, I am of the opinion that the petition could be disposed off by placing on record the said submission. 7. Learned Additional Government Advocate submits that within six months from today, the acquisition proceedings could be completed and the compensation for which the petitioner will be entitled, will be determined and paid. I hope and trust that the respondent-Deputy Commissioner, Gadag will strictly adhere to the timeline and complete the process well within time without forcing the Court to take coercive action. 8. In view of above, the petition stands disposed of with a direction to the Deputy Commissioner, Gadag to initiate acquisition proceedings forthwith and to complete - 7 - NC: 2025:KHC-D:5200 WP No. 106808 of 2024 the same expeditiously, strictly adhering to the timeline prescribed under law. Sd/- (M.G.UMA) JUDGE EM: paras 1 to 3 VB: paras 4 to end. CT:ANB List No.: 1 Sl No.: 6