- 1 - NC: 2025:KHC-D:1637 WP No. 107492 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107492 OF 2024 (LA-RES) BETWEEN: FAKIRAPPA S/O. GANGAPPA ARAVALLI, AGE: 80 YEARS, OCC: AGRICULTURIST & PENSIONER, R/O. NAYANAGAR VILLAGE, BAILHONGAL TALUK, DIST: BELAGAVI-591102. …PETITIONER (BY SRI. VIJAYKUMAR B. HORATTI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M.S. BUILDING, REPRESENTED BY ITS SECRETARY, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, BELAGAVI, AT: BELAGAVI, DIST: BELAGAVI-590001. 3. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., ”SAMPARKHA SOUDHA”, SY.NO.8, DR. RAJKUMAR ROAD, RAJAJINAGAR, 1ST MAIN, BENGALURU-560010. 4. THE EXECUTIVE ENGINEER, KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., #35, 3RD MAIN ROAD, DOLLARS COLONY, BEHIND NEW BUS STAND, GOKUL ROAD, HUBBALLI-580030. 5. THE ASSISTANT DIRECTOR OF LAND RECORDS, BAIHONGAL, AT: BAILHONGAL, TQ: BAILHONGAL-591102, DIST: BELAGAVI. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.01 15:32:13 +0530 - 2 - NC: 2025:KHC-D:1637 WP No. 107492 of 2024 6. THE TALUKA SURVEYOR BAILHONGAL, AT: BAILHONGAL, TQ: BAILHONGAL-591102, DIST: BELAGAVI. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1, R2, R5 & R6; SRI. C.V. ANGADI, ADVOCATE FOR R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO CONSIDER AND PASS ORDERS ON THE ENDORSEMENT MADE BY RESPONDENT NO.4 PRODUCED VIDE ANNEXURE-J, DATED 16-10- 2024 BEARING NO.PÀ.gÀ.C.¤.¤/PÁ¤EA/HUBBALLI/2024-25/500; TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION DATED 06- 11-2024 PRODUCED VIDE ANNEXURE-K AND ETC. 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 petitioner is before this court seeking for the following reliefs: a) to issue writ in the nature of mandamus directing the Respondent no.2 to consider and pass orders on the endorsement made by Respondent no.4 produced vide Annexure-J, dated 16-10-2024 bearing no.PÀ.gÀ.C.¤.¤/PÁ¤EA/Hubballi/2024-25/500. - 3 - NC: 2025:KHC-D:1637 WP No. 107492 of 2024 b) to issue writ in the nature of mandamus directing the Respondent no.2 to consider the representation dated 06-11-2024 produced vide Annexure-K. c) to pass any other order, direction as deemed fit in the circumstances of the case. 2. The grievance of the petitioner is that a portion of the land belonging to petitioner in R.S.Nos.261/1 and 262/2 situated at Bailhongal, Belgaum District have been made use of by the respondents for widening of a road, without acquiring the same. 3. Sri C.V. Angadi, learned counsel appearing for respondents No.3 and 4 submits that once the said fact came to the knowledge of respondents No.3 and 4, a representation has been submitted to the Deputy Commissioner to negotiate and make payment of compensation to the petitioner. 4. Learned AGA submits that the preliminary enquiry is under progress and entire process will be completed within 30 days and the necessary compensation would be paid to the petitioner. The said submission - 4 - NC: 2025:KHC-D:1637 WP No. 107492 of 2024 answers the grievance of the petitioner, in that view of the matter, I pass the following : ORDER (A) Writ petition is allowed. (B) Writ of mandamus is issued directing respondent No.2 to consider and negotiate and pass orders and make payment of the due compensation amount to the petitioner within 30 days from date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 1 Sl No.: 13