- 1 - HC-KAR NC: 2025:KHC:47243 WP No. 15749 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 15749 OF 2022 (GM-RES) BETWEEN: 1. M R V RATHNAM AGE 80 YEARS SON OF LATE SIR M R NATHAN R/AT NO21 SHOPPING STREET B K S LAYOUT KUMARA PARK WEST BENGALURU - 560020. …PETITIONER (BY SRI. RAGHAVENDRA DESAI RAMRAO, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU - 560001. 2. THE COMMISSIONER KARNATAKA SLUM CLEARANCE BOARD CENTRAL OFFICE RISALDAR ROAD SHESHADRIPURAM BENGALURU - 560020. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47243 WP No. 15749 of 2022 3. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT KEMPE GOWDA ROAD BENGALURU - 560 009. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO ARRANGE TO PAY IMMEDIATELY TO THE OCTOGENARIAN PETITIONER, THE REQUISITE FAIR CASH COMPENSATION FOR HIS SCHEDULE PROPERTY VZ., RESIDENTIAL VACANT SITE NO.66, IN SY.NO.8.1 OF LAGGERE VILLAGE, WHICH THE PETITIONER HAS BEEN DISPOSSESSED OFF BY THE GOVERNMENT OF KARNATAKA, WITHOUT PRIOR NOTICE AND WITHOUT PAYMENT OF THE REQUISITE FAIR CASH COMPENSATION, IN TERMS OF SECTIONS 26 TO 28 OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 VIDE G.O.NO.HUD-55, ULC-86 DATED 22.05.1986 PASSED BY SRI G C BHAGAWANTH GUPTA, SARAKARADA ADHEENA KARYADARSHI, VASAATH AND NAGARABHIVRIDDHI ILAKHE, ACQUIRED FOR CONSTRUCTION OF DWELLING - 3 - HC-KAR NC: 2025:KHC:47243 WP No. 15749 of 2022 HOUSES TO SLUM DWELLERS, WITH SPECIAL REFERENCE TO THE CONTENTS OF PARAGRAPH NO.2 THEREIN VIDE ANNEXURE-C TAKING INTO DUE CONSIDERATION THE ADVANCED AGE OF 80 YEARS AND THE AGE RELATED HEALTH CONSTRAINTS OF THE PETITIONER, UNDER CONFIRMATION TO THIS HON'BLE COURT IN A TIME BOUND MANNER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. In this writ petition, petitioner has sought for a writ of mandamus directing the respondent to pay compensation in respect of the acquisition of the land, belonging to the petitioner, by the respondent - authority. 2. Heard Sri. Raghavendra Desai, learned counsel appearing for the petitioner and Sri. Mahantesh Shettar, learned Additional Government Advocate appearing for the respondent - State. - 4 - HC-KAR NC: 2025:KHC:47243 WP No. 15749 of 2022 3. In this writ petition, petitioner has produced the registered Sale Deed dated 29.10.1981(Annexure-A), wherein the site bearing No.66 in Sy.No.8/1 of Laggere Village, Bengaluru North Taluk was allotted in favour of the petitioner by the Bagalgunte House Building Co-operative Society Ltd. It is further stated in the writ petition that the land which belongs to the petitioner has been acquired for the benefit of slum dwellers by the Karnataka Slum Clearance Board - respondent No.2. It is also submitted by the learned counsel appearing for the petitioner by referring to the endorsement dated 06.12.2021 that since the land in question belonging to the petitioner has been acquired by the respondent - authority, and therefore the petitioner is entitled for compensation as sought for in the legal notice dated 12.08.2021 (Annexure-P). 4. Per contra, Sri. Mahantesh Shettar, learned Additional Government Advocate appearing for the respondent - State, invited the attention of the Court to the endorsement dated 27.09.2021(Annexure-Q) and another endorsement dated 06.12.2021(Annexure-R) issued by respondent No.3 and submitted that the land belonging to the petitioner has not - 5 - HC-KAR NC: 2025:KHC:47243 WP No. 15749 of 2022 been utilised by the respondent - authority and therefore, sought for dismissal of the writ petition. 5. In the light of the submissions made by the learned counsel appearing for the parties, the petitioner is claiming site No.66 carved out of land bearing Sy.No.8/1 of Laggere Village, Bengaluru North Taluk as per registered Sale Deed dated 29.10.1981, allotted by Bagalgunte House Building Co- operative Society Ltd. It is the case of the petitioner that the land in question has been utilised by the respondent - authority for the purpose of welfare of slum dwellers and in this regard, perusal of the endorsement dated 27.09.2021 (Annexure-Q) wherein it is stated that the respondent - Board has not acquired any property belonging to the Bagalgunte House Building Co-operative Society Ltd., much less the site bearing No.66 as alleged by the petitioner. It is also forthcoming from endorsement at Annexure-R, wherein the respondent No.3 has stated that the land belonging to the petitioner has not been utilised by the respondent - authority. 6. In that view of the matter, as the respondents have stated that the land claimed by the petitioner has not been - 6 - HC-KAR NC: 2025:KHC:47243 WP No. 15749 of 2022 utilised for public purpose by the respondent - authority, and therefore, I am of the view that, writ of mandamus would not lie against the respondent herein. Accordingly, I am of the view that, it is open for the petitioner to establish his right over the property in question, in a manner known to law. Sd/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 17