SHRI DEVENDRAPPA S/O SANNADIVEPPA MANTUR v. THE STATE OF KARNATAKA
WP/109003/2025 · 2025-12-15
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 85708 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 85708 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:18272 WP No. 109003 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 109003 OF 2025 (LA-RES)
BETWEEN:
SHRI DEVENDRAPPA S/O. SANNADIVEPPA MANTUR, AGE: 65 YEARS, OCC: AGRICULTURE, R/O: SOMAPUR VILLAGE, HOBLI: AKKIALUR, HANAGAL 581120, TQ: HANAGAL, DIST: HAVERI. …PETITIONER (BY SRI. PRUTHVI K S, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA RPTD BY ITS PRL.SECRETARY DEPT OF REVENUE, M. S. BUILDING, DR. AMBEDKAR VEEDHI BENGALURU 560001. 2. THE DEPUTY COMMISSIONER HAVERI 581110 TQ AND DIST HAVERI. 3. THE ASSISTANT COMMISSIONER, SAVANUR, TQ.SAVANUR, 581118, DIST.HAVERI. 4. THE TAHASILDAR, HANAGAL TQ.HANAGAL,581104, DIST.HAVERI. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS BY DIRECTING THE RESPONDENT NO.1 AND 2 TO INITIATE ACQUISITION PROCEEDINGS BY PASSING THE AWARD COMPENSATION FOR THE ACQUISITION OF THE LAND BRG SVY NO.59B (OLD NO.59/4PAIKI) TO AN EXTENT
Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:18272 WP No. 109003 of 2025
OF 1 ACRE 20 GUNTAS OUT OF TOTALLY MEASURING 2 ACRE 33 GUNTAS SITUATED AT SOMAPUR VILLAGE, AKKIALUR HOBLI, TQ.HANAGAL, DIST.HAVERI AND THEN DECLARE THE SAID PORTION OF LAND AS UNRECORDED HABITATION, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this court seeking the following prayer: a. “Issue a Writ in the nature of Mandamus by directing the Respondent No.1 and 2 to initiate acquisition proceedings by passing the Award compensation for the acquisition of the land brg Svy No.59B (Old No.59/4Paiki) to an extent of 1 Acre 20 Guntas out of totally measuring 2 Acre 33 Guntas situated at Somapur Village, Akkialur Hobli, Tq.Hanagal, Dist.Haveri and then declare the said portion of land as Unrecorded Habitation, in the interest of justice and equity. b. Issue such other suitable order/s or directions as this Hon’ble court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity.”
2.
Heard Sri.Pruthvi K.S., learned counsel for the petitioner and Smt.Girija S. Hiremath, leared HCGP for respondents. 3.
Learned counsel appearing for the parties in unison would submit that, the issue in the lis stands covered by judgment rendered by Coordinate Bench of
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HC-KAR NC: 2025:KHC-D:18272 WP No. 109003 of 2025
this Court in W.P. No.106989/2025, disposed off on 19th September 2025. The Coordinate Bench of this Court held as follows:
1.
“The Petitioner is before this Court seeking for the following reliefs: a) Issue a writ in the nature of certiorari by quashing the impugned notification brg no.KAMGRA/CR:17/2025- 26 dtd: 28/7/2025 issued by the Respondent No.2, in respect of land brg Svy no.85 a/2 measuring to an extent of 1 acre 12 Guntas out of 7 Acres 10 Guntas situated at Kalledevru Village, Tq. Byadagi, Dist. Haveri vide ANNEXURE-D, in so far as Petitioner is concerned, in the interest of justice and equity. b) Issue a writ in the nature of Mandamus by directing the Respondent. No.1 and 2 to initiate acquisition proceedings by passing the award compensation for the acquisition of the land brg Svy no.85 a/2 measuring to an extent of 1 Acre 12 Guntas out of 7 Acres 10 Guntas situated at Kalledevru Village, Tq. Byadagi, Dist. Haveri and then declare the said portion of land as unrecorded Habitation, in the interest of justice and equity. c) Issue such other suitable order/s or directions as this Hon’’ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity.
2. The only grievance of the Petitioner is that, on a notification under Section 38A of the Karnataka Land Reforms Act, 1961 having been issued, the Petitioner has not been paid compensation for the land owned by him.
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HC-KAR NC: 2025:KHC-D:18272 WP No. 109003 of 2025
3. Learned AGA submits that the compensation would be paid in terms of Section 47 of the Karnataka Land Reforms Act, 1961, R/w. Rule 9B of the Karnataka Land Reforms Rules, 1974.
4.
4. The said submission of the learned AGA answers the grievance of the Petitioner. In that view of the matter, I pass the following:
ORDER i. Reliefs sought for by the Petitioner are moulded. ii. Respondents are directed to pass necessary orders as regards the compensation payable to the Petitioner in respect of his lands, prior to taking possession of the property as expeditiously as possible, preferably within 6 weeks from date of receipt of copy of this order.”
4. In the light of the issue standing covered by the
judgment passed by the Co-ordinate Bench of this Court (supra), on all its fours and on the same reasons, the subject petition also stands disposed.
Sd/- (M.NAGAPRASANNA) JUDGE AC CT:ASC List No.: 2 Sl No.: 14