- 1 - NC: 2025:KHC-D:1753 WP No. 107225 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107225 OF 2024 (LA-RES) BETWEEN: 1. SIDRAMAPPAGOUD S/O. SHIVANGOUD PATIL, AGE: 63 YEARS OCC: AGRICULTURE, R/O. SORKOPPA, KALDAGI HOBLI, TQ: BAGALKOT, DIST: BAGALKOT. 2. YALLANGOUD S/O. SHIVANGOUD PATIL, AGE: 63 YEARS, OCC: AGRICULTURE, R/O. SORKOPPA, KALDAGI HOBLI, TQ: BAGALKOT, DIST: BAGALKOT-587101. 3. NEELAMBIKA S/O. CHANNABASAPPAGOUD PATIL, AGE: 62 YEARS, OCC: AGRICULTURE, R/O. SORKOPPA, KALDAGI HOBLI, TQ: BAGALKOT, DIST: BAGALKOT. …PETITIONERS (BY SRI. JAGADISH PATIL, ADVOCATE) AND: 1. THE SLAO, UPPER KRISHNA PROJECT, NAVNAGAR, BAGALKOT TALUKA, DIST: BAGALKOT-587101. 2. THE SPECIAL DEPUTY COMMISSIONER, UPPER KRISHNA PROJECT, TQ: AND DIST: BAGALKOT-587101. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1-R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ENDORSEMENT DATED 21/09/2024 BEARING NO.LAQ/S.R-30/2014-15/351 ISSUED BY THE 1ST RESPONDENT VIDE ANNEXURE-K AND CONSEQUENTIALLY DIRECT TO THE RESPONDENTS TO PAY COMPENSATION TO THE PETITIONERS IN ACCORDANCE WITH REPRESENTATION 30/09/2024 ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.01 15:31:55 +0530 - 2 - NC: 2025:KHC-D:1753 WP No. 107225 of 2024 VIDE ANNEXURE-E IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS 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: 1. Issue a writ in the nature of certiorari quashing the endorsement dated 21/09/2024 bearing No.LAQ/S.R-30/2014-15/351 issued by the 1st respondent vide Annexure-K and consequentially direct to the respondents to pay compensation to the petitioners in accordance with representation 30/09/2024 vide Annexure-E in the interest of justice and equity. 2. Issue such other writ or give such other direction and pass such other order as this Hon’ble Court deems fit and proper in the facts and circumstances of the cases. 3. Petitioners claiming to be the owners of the land bearing R.S.No.29/3 totally measuring 2 acres 20 guntas 08 annas situated at Honaralli village. The said land came to be acquired for the purpose of the Upper Krishna Project, when the land was standing in the name of the father of petitioner. - 3 - NC: 2025:KHC-D:1753 WP No. 107225 of 2024 Subsequently, petitioners have succeeded to the said properties and have now become the owners. 4. A joint measurement having been conducted on 24.10.2016 the cowshed and house not having reflected in the said joint measurement, the petitioners along with others had submitted a representation on 30/10/2018 for inclusion of the cowshed and house insofar as the land of the petitioners is concerned. The other land owners had submitted other representations for inclusion of certain other missing trees, construction or otherwise, which have not been considered. The beneficiary also having been furnished a copy of the said representations to the Special Land Acquisition Officer, no action has been taken thereon. 5. An award came to be passed on 24/07/2019 excluding the cowshed and house on the ground that the joint measurement did not reflect the - 4 - NC: 2025:KHC-D:1753 WP No. 107225 of 2024 existence of the cowshed and house. The representation submitted by the petitioners on 30/10/2018 having been followed up with another representation on 30/09/2024. The impugned endorsement dated 21/09/2024 came to be issued rejecting the said representation. It is challenging the same; the petitioners are before this Court. 6. The submission of learned counsel Sri Jagadish Patil is that a cowshed and house having been in existence, the petitioners carrying out agriculture activities, has not been reflected in the joint measurement and at the undisputed point of time a representation had submitted in the year 2018, without considering the same, an award has been passed on the ground that the joint measurement does not reflects the existence of the cowshed, which is not proper, and as such he submits that the representations having not been properly considered, the documents furnished by the - 5 - NC: 2025:KHC-D:1753 WP No. 107225 of 2024 petitioners having not been properly considered, the said endorsement is required to be quashed and a direction issued to the respondents to make payment of compensation as regards the cowshed and house. 7. 7. Learned AGA would however submits that what has been reported in the JMC is the existing situation, there being no cowshed and house are not reflected in JMC, a claim to the contrary has been rightly considered by the SLAO while passing the award and as such this Court is not required to interfere in the matter. He further submits that if at all any aspect has been left out the petitioners can always seek for modification of the award by filing necessary appeal. 8. Heard learned counsel for the petitioner and learned AGA and perused the papers. 9. It is the contention of petitioners that a cowshed and house have been left out in the JMC carried - 6 - NC: 2025:KHC-D:1753 WP No. 107225 of 2024 out on 24/10/2016 and immediately thereafter, on 30/10/2018 a representation had been submitted. It is not in dispute that the petitioners was carrying on agriculture activities in the said land by making use of cows and buffaloes, has not been included. 10. I find favour with submission of the learned AGA inasmuch as these aspects being disputed questions of fact would have to be ascertained in appropriately instituted proceedings. The petitioners claiming that there was a house in existence as also a cowshed. Both these aspects would have to be established by the petitioners which can be so done in an appeal filed by the petitioners. Reserving liberty to agitate all the issues in an appeal being filed, petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK List No.: 1 Sl No.: 14