- 1 - HC-KAR NC: 2026:KHC:27094 WP No. 24412 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 24412 OF 2022 (GM-RES) BETWEEN: 1. MR. K. MOHANDAS RAI S/O LATE K THIMMAPPA RAI AGED ABOUT 66 YEARS R/AT D NO 3-29 SHREYAS DEVIKA NAGAR ROAD ADYAAR VILLAGE AND POST VIA PADIL, MANGALORE - 575 007. 2. MR VIKRAM ALVA AGED ABOUT 51 YEARS S/O LATE K JAGADISH ALVA R/AT 1-2 AMBODIMAR HOUSE BADAGABELOOR BANTWAL TALK D K 574 219. 3. MR NARASIMHA POONJA AGED ABOUT 81 YEARS S/O NARAYANA POONJA R/AT 1-141, PAVOOR PADE PAVOOR VILLAGE AND POST MANGALORE TALUK - 574 199. 4. MR VISHWANATH RAMANNA POONJA S/O RAMANNA POONJA AGED ABOUT 61 YEARS R/ATNO 27-A/20, HILL ROCK CHSL SANK NAGAR OFF VEERA DESAI ROAD ANDHERI WEST, ANDHERI RAILWAY STATION Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27094 WP No. 24412 of 2022 MUMBAI 400 058. 5. MR SURESH SHETTY S/O THIMMAPPA SHETTY AGED ABOUT 55 YEARS R/AT 4-4 , PAVOOR VILLAGE AND POST MANGALORE TALUK - 574 199. 6. MR KISHORE S/O LATE BABY SAPALYA AGED ABOUT 40 YEARS R/A 3-2 KADAVINABALI HOUSE HAREKALA VILLAGE AND POST HAREKALA MANGALORE TALUK - 574 199. …PETITIONERS (BY SRI. UDAYA PRAKASH M.,ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE 560 001. 2. THE MINISTRY OF IRRIGATION GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, BANGALORE REP BY ITS SECRETARY. 3. THE ASST EXECUTIVE ENGINEER MINOR IRRIGATION AND GROUND WATER DEVELOPMENT SUB DIVISION MANGALORE - 575 001. 4. MR G SHANKAR AGED ABOUT 67 YEARS CLASS I PWD CONTRACTOR - 3 - HC-KAR NC: 2026:KHC:27094 WP No. 24412 of 2022 SHAMILI, GANESH NAGAR STATION ROAD, BIJAPUR - 586 102 PRESENT SITE OFFICE AT ADYAAR KATTE RIVER ROAD, ADYAAR POST MANGALORE - 575 007. 5. MR GURUMOORTHY AGED ABOUT 45 YEARS ENGINEER, C/O G SHANKAR PRESENT SITE OFFICE AT ADYAAR KATTE RIVER ROAD ADYAAR POST MANGALORE 575 007. …RESPONDENTS (BY SRI. MANJUNATH RAYAPPA, AGA FOR R1 TO R3; SRI. KIRAN J., ADVOCATE FOR R4 & R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO R1 TO R3, TO DETERMINE THE EXACT EXTENT OF LANDS WHICH WOULD GET SUBMERGED DUE TO THE VENTED DAM BEING OPERATIONAL, AFTER GIVING NOTICE TO THE AFFECTED PARTIES IN ACCORDANCE WITH THE LAW, DETERMINATION OF COMPENSATION BY ADJUDICATION AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL - 4 - HC-KAR NC: 2026:KHC:27094 WP No. 24412 of 2022 ORAL ORDER Petitioners are before this Court seeking following reliefs: '' (a) Issue a Writ of Mandamus or any other Writ, order or directions to Respondents No.1 to 3, to determine the exact extent of lands which would get submerged due to the vented dam being operational, after giving notice to the affected parties in accordance with the law, determination of compensation by adjudication, and b) Declare that the Respondents act of putting the Vented Dam into the operation, without following the laws/provisions of the Land Acquisition Laws, as illegal and violative of Article 21 and 300A of the Constitution of India. c) To pass such other and further Writ, orders and directions as deemed fit to be granted under the circumstance of the law, in the interest of equity and justice.'' 2. Learned counsel for the petitioners submits that the petition was filed when the respondent-authorities were in the process of constructing a vented dam across the bridge of Netravathi River, which would have impacted the lands belonging to the petitioners in various survey numbers situated in the Pavoor Village, Ullal Taluk, Dakshina Kannada. He submits now that the construction of the vented dam has been completed, yet the petitioners are not clear as to the extent of their land that would be utilized/submerged for the purpose of the said vented dam. He submits if liberty is reserved to the petitioners to make a representation with a direction to the - 5 - HC-KAR NC: 2026:KHC:27094 WP No. 24412 of 2022 respondent-authorities to consider the same, purpose of the petition would be served. 3. Learned AGA on the other hand submits that since the dam is already constructed, the grievance of the petitioners would no more survive. However, if in the event of representation is made, appropriate orders thereon would be passed in accordance with law. 4. Submissions placed on record. 5. Petition is disposed of. 6. Liberty is reserved to the petitioners to make a representation within 15 days from the date of receipt of certified copy of this order to respondent No.3, who shall address the grievance of the petitioners, if required by giving an opportunity of personal hearing and pass appropriate order and communicate the same to the petitioners within an outer limit of three months from the date of submission of the representation. SD/- (M.G.S. KAMAL) JUDGE RL/- List No.: 1 Sl No.: 17