- 1 - NC: 2025:KHC-K:1757 WP No. 200677 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.200677 OF 2025 (LA-RES) BETWEEN: 1. APPANAGOWDA S/O SANGANNA BIRADAR, AGE: 40 YEARS, OCC: AGRICULTURE, R/O: BAVMANA HALLI, GUTTIHAL, TQ: TALIKOTI, DIST: VIJAYAPURA - 586 214. 2. GURAPPA S/O BASAPPA BIRADAR, AGE: 59 YEARS, OCC: AGRICULTURE, R/O:181, GUTTIHAL, TQ: TALIKOTI, DIST: VIJAYAPURA - 586 214. 3. BASAVARAJ S/O KASHIRAY BIRADAR, AGE: 54 YEARS, OCC: AGRICULTURE, R/O: GUTTIHAL VILLAGE, TQ: TALIKOTI, DIST: VIJAYAPURA - 586 214. 4. SARASWATHI W/O CHINNAPPA JAMBAGI, AGE: 80 YEARS, OCC: AGRICULTURE, R/O: MINAJAGI, POST: MINAJAGI, TQ: TALIKOTI, DIST: VIJAYAPURA - 586 214. …PETITIONERS (BY SRI AJAY KUMAR ASHOK KUMAR, ADVOCATE) Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1757 WP No. 200677 of 2025 AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY, DEPARTMENT OF MINOR IRRIGATION AND GROUND WATER DEVELOPMENT, III FLOOR, VIKAS SOUDHA, BENGALURU-1. 2. THE CHIEF ENGINEER, DEPARTMENT OF MINOR IRRIGATION AND GROUND WATER DEVELOPMENT, SUB-DIVISION, VIJAYAPURA - 586 101. 3. THE DEPUTY COMMISSIONER, VIJAYAPURA, DIST: VIJAYAPURA - 586 101. 4. THE ASSISTANT EXECUTIVE ENGINEER, DEPARTMENT OF MINOR IRRIGATION AND GROUND WATER DEVELOPMENT, SUB-DIVISION, VIJAYAPURA - 586 101. 5. THE ASSISTANT EXECUTIVE ENGINEER, KRISHNA BHAGYAJAL NIGAM, ALBC, SUB-DIVISION, TQ: MUDDEBIHAL, DIST: VIJAYAPURA – 586 212. 6. THE TASHSILDAR TQ: TALIKOTI, DIST: VIJAYAPURA - 586 214. …RESPONDENTS (BY SRI MALLIKARJUN SAHUKAR, A.G.A. FOR R1 TO R4 & R6; SRI KRUPA SAGAR PATIL, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR DIRECTION OR ORDER WRIT IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENTS TO PAY THE CROP DAMAGES TO THE PETITIONERS OF A SUM OF RS.70,000/- PER ACRE FROM 2018 TO 2025 AND ETC. - 3 - NC: 2025:KHC-K:1757 WP No. 200677 of 2025 THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, 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) Learned counsel Sri Krupa Sagar Patil filed vakalat for respondent No.5. 2. Heard the learned counsel appearing for the petitioners, learned Additional Government Advocate as well as the learned counsel for the respondent No.5. 3. Learned counsel for the petitioners submits that on account of irrigation canal constructed by the respondents, water is over flowing in the land of the petitioners and the petitioners’ land is inundated and the petitioners are not in a position to cultivate the land and has suffered huge loss. It is further stated that over flow of a water is a regular feature irrespective of the session. Under these circumstances, the petitioners have submitted - 4 - NC: 2025:KHC-K:1757 WP No. 200677 of 2025 an application to the respondents to pay the compensation and to acquire the land in the manner provided. 4. The admitted factual position is that the representations are not considered. 5. Learned counsel for the respondent No.5 submits that the representations will be considered by respondent No.4. 6. It is submitted at the Bar that the respondent No.4 has to carry out the inspection and if the petitioners claim is found to be genuine respondent No.4 has to make a recommendation to the competent authority to initiate the acquisition proceedings. The representations are not considered. The photographs produced prima facie reveal that the petitioners’ lands are inundated from water and in the document at Annexure-L dated 30.12.2024 issued by the Assistant Executive Engineer (Minor Irrigation and Ground Water Development), Vijayapura it is observed that there is encroachment by some of the farmers at - 5 - NC: 2025:KHC-K:1757 WP No. 200677 of 2025 some place and it is causing the flow of the water to the land of the petitioners. 7. Under these circumstances, this court deems it fit to direct respondent No.4 to consider the representation and pass appropriate orders. 8. It is made clear that if there is encroachment of any property belonging to the State which is resulting the petitioner’s land being submerged, the competent authority i.e., respondent No.4 shall initiate action in accordance with law after notifying the alleged encroachers, if any, to remove encroachment to ensure that the water does not accumulate in the land of the petitioners. Despite that, if the flow of the water in the land of the petitioners cannot be controlled, rendering it unfit for cultivation, then there has to be further action to acquire the land in accordance with law. 9. The whole exercise shall be completed within a period of three months from the date of copy of the order. - 6 - NC: 2025:KHC-K:1757 WP No. 200677 of 2025 10. It is made clear that nothing is expressed on the merits of the case. Sd/- (ANANT RAMANATH HEGDE) JUDGE BL List No.: 2 Sl No.:35.3