- 1 - HC-KAR NC: 2025:KHC-D:14801 WP No. 105421 of 2014 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S G PANDIT WRIT PETITION NO. 105421 OF 2014 (GM-RES) BETWEEN: 1. BHIMAPPA S/O. YAMANAPPA KOKKEPPANAVAR AGE: 45 YEARS, OCC: AGRICULTURE, 2. SOMALINGAPPA S/O. MUDIYAPPA AGE: 42 YEARS, OCC: AGRICULTURE, BOTH ARE R/O. NALAJERI VILLAGE, TQ: YALBURGA DIST: KOPPAL. …PETITIONERS (BY SRI. LAXMAN T. MANTAGANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO THE REVENUE DEPARTMENT, VIDHANA SOUDHA, BANGALORE. 2. THE STATE OF KARNATAKA BY ITS SECRETARY, MINOR IRRIGATION DEPARTMENT, VIDHAN SOUDHA, BANGALORE. 3. DEPUTY COMMISSIONER KOPPAL, DIST: KOPPAL. Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.07 11:06:43 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14801 WP No. 105421 of 2014 4. THE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER, KOPPAL, DIST: KOPPAL. 5. EXECUTIVE ENGINEER MINOR IRRIGATION, KUSTAGI DIVISION, KUSTAGI KOPPAL, DIST: KOPPAL. 6. THE ASSISTANT EXECUTIVE ENGINEER MINOR IRRIGATION SUB DIVISION, KOPPAL DIST: KOPPAL. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS, DIRECTING THE RESPONDENTS AUTHORITIES TO CONDUCT A FRESH JMC AND DIRECT TO INITIATE ACQUISITION PROCEEDING IN RESPECT OF THE LAND BEARING SY.NO.198/AA MEASURING 1 ACRES, 37 GUNTAS, LAND BEARING SY.NO.251/AA MEASURING 6 ACRES 35 GUNTAS OF NALAJERI VILLAGE AND ALSO RESPONDENTS MAY KINDLY BE DIRECTED TO DETERMINE THE AMOUNT OF COMPENSATION AND DISPERSE THE SAME TO THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14801 WP No. 105421 of 2014 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Petitioners are before this Court under Article 226 of the Constitution of India, praying for a writ of mandamus which reads as follows: “WEREFORE, it is most respectfully prayed that this Hon’ble court may be pleased to: a. Issue a Writ of Mandamus, directing the respondents authorities to conduct a fresh JMC and direct taken to initiate acquisition proceeding in respect of the land bearing sy.no.198/Aa measuring 1 acres, 37 guntas, land bearing sy.no.251/Aa measuring 6 acres 35 guntas of nalajeri village and also respondents may kindly be directed to determine the amount of compensation and disperse the same to the petitioner. b. Issue any order/direction as this Hon’ble Court deems fit in the circumstances of the case, in the interest of justice and equity.” 2. Heard learned counsel Sri Laxman T Mantagani for petitioners and Sri Sharad V. Magadum, learned Additional Government Advocate for respondents and perused the entire writ petition papers. 3. Learned counsel for the petitioners would submit that they are the owners of lands in Survey No.198/Aa to - 4 - HC-KAR NC: 2025:KHC-D:14801 WP No. 105421 of 2014 an extent of 1 acre 37 guntas and in Survey No.251/Aa to an extent of 6 acres 35 guntas of Nalajeri village. It is submitted that those lands are submerged and those lands are utilised for construction of a Nalajeri tank. As those lands are utilised without acquisition, the petitioners said to have submitted representation dated 05.03.2013 to the respondents (Annexure-B) and it is the grievance of the petitioners that the said representation is not considered till this date. 4. Learned AGA on the other hand inviting attention of this Court to Memo dated 06.08.2024 filed on behalf of the State Government enclosing, documents Nos.1 to 3, submits that, the lands of the petitioners are not required for the purpose of construction of Nalajeri tank. Learned AGA further specifically invites attention of this Court to Document No.2-the proceedings of the villagers and the officials, whereunder, it is made clear that the lands are not submerged as contended, and it is specifically made clear that, in accordance with report of joint survey, there is no - 5 - HC-KAR NC: 2025:KHC-D:14801 WP No. 105421 of 2014 need to acquire 66 acres and 16 guntas for the purpose of construction of Nalajeri tank. In the said circumstances, the learned AGA prays for dismissal of the writ petition. 5. Having heard the learned counsel for the parties and on perusal of the entire writ petition papers, I am of the view that the petitioners would not be entitled for writ of mandamus as prayed for. 6. A writ of mandamus could be issued if the petitioner establishes his legal right and further shows that the respondent has failed to perform its legal duty. In the instant case, the case of the petitioners is that the petitioners’ land in Survey Nos.198/Aa and 251/Aa of Nalajeri village has been submerged for construction of Nalajeri tank and as such, the said lands are to be acquired and compensation is to be paid by conducting a joint measurement or joint survey. 7. Learned AGA has placed on record the proceedings of the officials and Officers of Minor Irrigation Division, Koppal, Assistant Commissioner and SLAO, - 6 - HC-KAR NC: 2025:KHC-D:14801 WP No. 105421 of 2014 Koppal, Tahsildar, Yalburga and the Villagers of the concerned village wherein it was resolved that upon joint survey, the excess land need not be acquired. Further, it makes it clear that in terms of joint survey report in respect of 66 acres 16 gunta, acquisition of those lands would not be necessary. The documents placed on record by the learned AGA would indicate that award has been passed in respect of the lands acquired for the construction of Nalajeri tank. 8. In the above circumstances, I am of the considered view that the petitioners have not made out any ground to issue a writ of mandamus. Accordingly, writ petition stands rejected. Sd/- (S G PANDIT) JUDGE VMB CT-CMU, LIST NO.: 1 SL NO.: 3