- 1 - NC: 2025:KHC-K:1471 WP No. 200631 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 200631 OF 2025 (LA-RES) BETWEEN: 1. MALLESHAPPA S/O LATE TAYAPPA, AGE: 54 YEARS, OCC: AGRICULTURE, R/O: WARD NO.29, PWD CAMP, SINDHANUR, TALUK SINDHANUR, DIST: RAICHUR – 584 128. 2. YANKAPPA S/O LATE TAYAPPA, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: WARD NO.29, PWD CAMP, SINDHANUR, TALUK SINDHANUR, DIST: RAICHUR – 584 128. 3. VEERESH S/O LATE TAYAPPA, AGE: 45 YEARS, OCC: AGRICULTURE, R/O: WARD NO.29, PWD CAMP, SINDHANUR, TALUK SINDHANUR, DIST: RAICHUR – 584 128. 4. CHIDANAND S/O LATE TAYAPPA, AGE: 40 YEARS, OCC: AGRICULTURE, Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1471 WP No. 200631 of 2025 R/O: WARD NO.29, PWD CAMP, SINDHANUR, TALUK SINDHANUR, DIST: RAICHUR – 584 128. …PETITIONERS (BY SRI MAHANTESH PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, VIDHAN SOUDHA, BENGALURU-01. 2. THE DEPUTY COMMISSIONER RAICHUR, DIST- RAICHUR-584 101. 3. THE ASSISTANT COMMISSIONER LINGASUGUR DIVISION, TALUK LINGASUGUR, DIST: RAICHUR- 584 123. 4. THE EXECUTIVE ENGINEER, KARNATAKA NIRAVARI NIGAM LTD., TLBC, SUB-DIVISION NO.3, SINDHANUR, TALUK SINDHANUR, DIST RAICHUR-584 128. 5. THE EXECUTIVE ENGINEER PWD, SINDHANUR, TALUK : SINDHANUR, DIST: RAICHUR – 584 128. …RESPONDENTS (BY SRI SHESHADRI JAISHANKAR, A.G.A. FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE APPROPRIATE WRIT MORE SO IN THE NATURE OF MANDAMUS AND GRANT FOLLOWING RELIEFS ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT TO RETURN THE UNUTILIZED VACANT LAND TO THE EXTENT OF 03 ACRES 01 GUNTAS IN SY NO.31/P-2/*(OLD SY NO.31) - 3 - NC: 2025:KHC-K:1471 WP No. 200631 of 2025 OF KONGANHATTI (D) VILLAGE, TALU: SINDHANUR, DIST:RAICHUR, IN FAVOUR OF THE PETITIONERS BY CONSIDERING THE REPRESENTATIONS DATED 26.08.2024 VIDE ANNEXURE-K, K1 AND K2 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel for the petitioners as well as the learned counsel for the respondents. 2. Learned counsel for the petitioners submits that petitioners were the owners of property bearing Sy No.31/P-2/* situated at Konganahatti village, Sindhanur taluk, which measures 16 acres 01 gunta, out of which 05 acres 02 guntas is said to have been acquired by respondent No.4 and the compensation is awarded only in respect of 02 acres 01 gunta. He would further submit that, till today, entire 10 acres 38 guntas of land standing in the name of the petitioners. It is his contention that, though Section 4(1) notification acquiring the land measuring 05 acres 02 guntas is issued, the compensation is paid only in respect of 02 acres 01 gunta. Under these - 4 - NC: 2025:KHC-K:1471 WP No. 200631 of 2025 circumstances, he would submit that, the petitioners have made a representation either to handover 03 acres 01 gunta to the petitioners or to pay the compensation in respect of 03 acres 01 gunta. Thus, he would submit that the representations at Annexures K, K1 and K2 have to be considered in accordance with law. 3. Learned counsel for the respondents would submit that the claim is time barred and the petition is not maintainable. 4. This Court has considered the contentions raised at the bar and perused the records. 5. Annexure J is the document relating to acquisition of land said to have been acquired by respondent No.3, where the extent of the Sy No.31 is shown as 16 acres 01 gunta, area acquired is shown as 05 acres 02 guntas and compensation is said to have been paid in respect of 02 acres 01 gunta. The records of right would reveal the name of the petitioners in respect of 10 acre 38 guntas. 6. Under these circumstances, this Court is of the view that the petitioners representation at Annexures K, K1 and K2 - 5 - NC: 2025:KHC-K:1471 WP No. 200631 of 2025 have to be considered in accordance with law and respondents have to issue appropriate endorsement based on the decisions taken on the said representation. 7. Hence the following: i) Writ petition is allowed. ii) The respondents 3 and 4 shall consider the representation at Annexures K, K1 and K2 in accordance with law. iii) It is made clear that nothing is expressed on the merits of the claim. iv) This exercise shall be completed within a period of two months from the date of receipt of the copy of this order. Sd/- (ANANT RAMANATH HEGDE) JUDGE THM List No.: 2 Sl No.: 14