- 1 - HC-KAR NC: 2025:KHC-D:17499 WP No. 107274 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107274 OF 2025 (KLR-RES) BETWEEN: 1. DURGAPPA S/O. HANUMAPPA GADDI, AGE: 54 YEARS, OCC: AGRICULTURE, 2. SOMANATH S/O. RAYAPPA CHINCHALI, AGE: 60 YEARS, OCC: AGRICULTURE, 3. YAMANAPPA S/O. NARASAPPA CHINCHALI, AGE: 55 YEARS, OCC: AGRICULTURE, 4. NEELAMMA W/O. SAGARAPPA, AGE: 50 YEARS, OCC: AGRICULTURE, ALL ARE R/O. BASARIHAL VILLAGE, TQ: KANAKAGIRI, DIST: KOPPAL. …PETITIONERS (BY SRI. LINGRAJ MARADI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, KOPPAL-583231. 2. ASSISTANT COMMISSIONER, LAND ACQUISITION OFFICER, KOPPAL, SUB DIVISION KOPPAL-583231. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.10 16:35:49 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17499 WP No. 107274 of 2025 3. THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, NEAR KILLEDAR PETROL BUNK, KINNAL ROAD, KOPPAL-583231. 4. ASSISTANT EXECUTIVE ENGINEER, MINOR IRRIGATION, SUB DIVISION, 1ST CROSS, KALYAN NAGAR, KOPPAL-583231. …RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO 4 TO INITIATE THE ACQUISITION PROCEEDINGS AND PASS AN AWARD TO THOSE LANDS WHICH ARE MENTIONED IN ANNEXURE-C REPRESENTATION DATED 22.10.2024 AND DISBURSE THE SAME COMPENSATION AMOUNT TO THE PETITIONER; ISSUE ANY OTHER DIRECTION AS THIS HON’BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17499 WP No. 107274 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel for the petitioners and the learned Additional Advocate General appearing for the respondents No.1 to 4. 2. This petition is filed seeking writ of mandamus. The petitioner prays that his representation dated 22.10.2024 marked at Annexure-C is not yet considered. 3. The petitioners have made out a grievance that the petitioners land bearing Survey No.102, measuring 33 acres 6 guntas and Survey No.88 measuring 38 acres 03 guntas in Basarihal village, Kanakagiri Taluk, Koppal District have been inundated with water on account of land acquisition of the surrounding lands for construction of Katrihal lake. - 4 - HC-KAR NC: 2025:KHC-D:17499 WP No. 107274 of 2025 4. Learned Additional Advocate General would submit that the respondents authorities have conducted the spot inspection and steps are taken to acquire the land bearing Survey No.88/1, measuring 8 acres 26 guntas and Survey No.88/2, measuring 12 acres 12 guntas in all 23 acres 23 guntas. Notification issued stating that the State Government has taken steps to acquire the un-acquired portion of Survey No.88/1 and notification is also issued on 01.12.2025. 5. Under these circumstances, there is a substantial compliance as far as prayer relating to Survey No.88 is concerned. The respondent authorities have to proceed further to complete the land acquisition process and have to pay the compensation as required under the Right to Fair Compensation and Transparency in Land Acquisition, Re-habilitation and the Re-Settlement Act, 2013. - 5 - HC-KAR NC: 2025:KHC-D:17499 WP No. 107274 of 2025 6. As far as Survey No.102 is concerned, learned Additional Advocate General would submit that portion of the land has already been acquired and compensation has been paid and for the remaining portion of the land, there is no acquisition. It is submitted that portion of the land is not yet affected by the project which was undertaken by the respondent- State and the said land is with the petitioners and the petitioners can make use of the same and there is no need to acquire the land. 7. Learned counsel for the petitioners would submit that the photographs produced by the learned Additional Advocate General are dated 05.12.2025 and on that day, the water was not on the land. However, during the monsoon the land gets inundated as such the lands have to be inspected during the monsoon. - 6 - HC-KAR NC: 2025:KHC-D:17499 WP No. 107274 of 2025 8. Under these circumstances, the liberty is reserved to the petitioners to move necessary application to the Deputy Commissioner, Assistant Commissioner and the jurisdictional Tahasildar to make an application for spot inspection during monsoon and in that event, if such an application is filed, the same shall be considered in accordance with law by making spot inspection without any delay. 9. With these observation, the writ petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS CT-MCK List No.: 1 Sl No.: 12