- 1 - HC-KAR NC: 2025:KHC:44047 WP No. 12130 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.12130 OF 2024 (LA-RES) BETWEEN: SRI B.N. RAMESH S/O LATE NARASIMHAPPA, AGED ABOUT 56 YEARS, AGRICULTURIST, YALIYURU POST, BOODIHAL VILLAGE, DEVANAHALLI TALUK, DEVANAHALLI-562110. BENGALURU RURAL DISTRICT. …PETITIONER (BY SRI P. DHANANJAYA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S. BUIDLING, VIDHANA VEEDHI, BENGALURU-560001 REP. BY ITS SECRETARY. 2. THE TAHSILDAR DEVANAHALLI TALUK, DEVANAHALLI-562110. BENGALURU RURAL DISTRICT. 3. THE COMPETENT AUTHORITY & SPECIAL LAND ACQUISITION OFFICER NATIONAL HIGHWAY AUTHORITY OF INDIA KUNIGAL SUB-DIVISION, KUNIGAL-572130 (HOSKOTE-DOBBASPET DIVISION) HIGHWAY NO.207, KUNIGAL, TUMKUR DISTRICT. …RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1 & R-2; SMT. SHILPA SHAH, ADVOCATE FOR R-3) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44047 WP No. 12130 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE 3RD RESPONDENT TO INCLUDE THE NAME OF THE PETITIONER IN THE NOTIFICATION AND RELEASE THE COMPENSATION AMOUNT FROM THE 3RD RESPONDENT IN RESPECT OF THE LAND BEARING SY NO.6, MEASURING 1 ACRE 20 GUNTAS i.e. 4803 SQ.MTRS. SITUATED AT AGALAKOTE VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT, ACQUIRED FOR THE PURPOSE OF WIDENING THE NATIONAL HIGHWAY NO.207 FROM HOSKOTE TO DOBBASPET, NOTIFICATION DATED 31.10.2017 VIDE ANNEXURE-A AND ETC.,, THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has approached this Court seeking a writ of mandamus directing respondent No.3 to include the name of the petitioner in the Final Notification and to release the compensation amount in respect of land bearing Sy. No. 6 measuring 1 acre 20 guntas, (4803 square meters) situated at Agalakote Village, Devanahalli Taluk, Bengaluru Rural District. The land was acquired for the purpose of widening the National Highway No.207 from Hoskote to Dobbaspet vide notification dated 31.10.2017. - 3 - HC-KAR NC: 2025:KHC:44047 WP No. 12130 of 2024 2. Heard learned counsel for the petitioner, learned AGA for respondent Nos.1 and 2 and, learned counsel for respondent No. 3-National Highway Authority of India. 3. Undisputedly, an extent of 4803 square meters in Sy. No.6 was notified in the Final Notification dated 31.10.2017 which stood in the names of B.M.Jagadish, s/o Munishama Gowda and C.R.Devaraju s/o Late C.B.Ramakrishnappa. Respondent No.3 exercising powers under Section 3(G) of the National Highways Act (for short ‘the Act’), determined compensation under the Right to Fair Compensation, Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (to the extent applicable to the acquisitions under the Act) and passed an award on 28.03.2019 for a sum of ` ` ` ` 5,08,88,294/- inclusive of all statutory benefits. 4. Subsequently, the petitioner made a representation on 03.11.2022 asserting that the land in question had been granted to his father in 1961 and enclosing certain documents and saguvali chit in support - 4 - HC-KAR NC: 2025:KHC:44047 WP No. 12130 of 2024 of his claim for compensation. However, the record reveals that total extent of Sy. No. 6 is 129.34 acres, portions of which are classified as Government gomal land. In view of this, the competent authority sought report from the Tahsildar regarding the authenticity of the grant documents produced by the petitioner. 5. It is evident that several rival representations were received by respondent No.3 from other persons claiming compensation in respect of different portions of same Sy. No.6 requesting not to disburse the compensation to the petitioner. Due to these multiple claims, respondent No.3 has neither released the amount nor deposited it before the jurisdictional Court. 6. The survey report further indicates that phodi durast (sub-division and measurement) has not been carried out in Sy. No.6, and sub numbers have not been assigned, consequently it remains undivided, rendering it uncertain whether the land claimed by the petitioner forms part of the acquired land. - 5 - HC-KAR NC: 2025:KHC:44047 WP No. 12130 of 2024 7. Without expressing any opinion on petitioner’s entitlement for compensation, it is clarified that if the petitioner is indeed a grantee of land within Sy. No. 6, he is at liberty to make an appropriate representation to respondent No.3. Upon receipt of such representation, respondent No.3 shall cause phodi durasti in respect of Sy. No. 6 in accordance with law and thereafter consider the petitioner’s claim in light of the outcome of such measurement. Sd/- _____________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 84