- 1 - HC-KAR NC: 2026:KHC:29179 WP No. 17177 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 17177 OF 2022 (GM-RES) BETWEEN: 1. RAHAMATHULLA S/O LATE ABDUL KHADER AGED ABOUT 50 YEARS OCCUPATION: BUSINESS 2. HANEEF S/O LATE ABDUL KHADER AGED ABOUT 48 YEARS OCCUPATION: BUSINESS 3. RIZWAN S/O LATE ABDUL KHADER AGED ABOUT 48 YEARS OCCUPATION BUSINESS PETITIONERS NO. 1 TO 3 ARE R/O DODDAMANEKERI THIRTHAHALLI TOWN-577432 SHIVAMOGGA DISTRICT. …PETITIONERS (BY SRI. S.V. PRAKASH, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF URBAN DEVELOPMENT M S BUILDING Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29179 WP No. 17177 of 2022 DR AMBEDKAR VEEDHI BENGALURU-560001. 2. THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT (C AND B) K R CIRCLE, DR AMBEDKAR VEEDHI BENGALURU-560001. 3. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA-577201. 4. PATTAN PANCHAYATH THIRTHAHALLI TOWN THIRTHAHALLI REPRESENTED BY ITS CHIEF OFFICER THIRTHAHALLI-577432 SHIVAMOGGA DISTRICT. 5. THE TAHASILDAR THIRTHAHALLI TALUK THIRTHAHALLI-577432 SHIVAMOGGA DISTRICT. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1 TO R3 AND R5; SRI. M.R. PATIL, ADVOCATE FOR R4) THIS WP FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT ISSUED BY THE R3 DATED 18.11.2021 VIDE NO.62872 SMGDC-DUDC/PLAN/19/2021-SMGDC DUDC-SHIDC PRODUCED AS PER ANNEXURE-L TO THE WRIT PETITION 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 - 3 - HC-KAR NC: 2026:KHC:29179 WP No. 17177 of 2022 ORAL ORDER Petitioners are before this Court for the second time being aggrieved by inaction on the part of respondents- Authorities in awarding inadequate compensation in lieu of utilization of their land for the purpose of road widening. 2. Learned counsel for the petitioners submits that on an earlier occasion, petitioners had approached this Court by filing a writ petition in W.P.No.25231/2016 for identical reliefs. This Court disposed of the said writ petition directing the respondents to take note of grievance of the petitioners before proceeding to acquire the private property for the purpose of road widening in terms of an earlier order passed by this Court in W.P.No.26374/2015 (GM-RES) dated 12.11.2020 as per Annexure-J to the writ petition. 3. He further submits that without complying to the said direction, an impugned endorsement dated 18.11.2022 as per Annexure-L is issued by the Deputy Commissioner, Shivamogga District, Shivamogga who has - 4 - HC-KAR NC: 2026:KHC:29179 WP No. 17177 of 2022 arbitrarily fixed the compensation at Rs.2,25,931/-, which does not meet the requirements of law governing the determination of compensation. 4. He further submits that this Court in the case of SMT.VEENA MAHESH VS. STATE OF KARNATAKA AND OTHERS in W.P.No.47843/2014 (LA-RES) has directed the State Authorities to initiate proceedings for acquisition under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and to determine the compensation and consequential benefits contemplated thereunder. 5. He further submits that even in the instant case, the respondents Authorities be directed to determine and pay compensation in terms of the provisions of the aforesaid Act. Accordingly, he seeks for allowing the writ petition. 6. Learned AGA submits that if granted some time, necessary orders in accordance with law, more - 5 - HC-KAR NC: 2026:KHC:29179 WP No. 17177 of 2022 particularly, under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 would be passed. 7. Submissions are placed on record. 8. In view of above submission and in the light of the order passed by this Court in the case of SMT.VEENA MAHESH VS. STATE OF KARNATAKA AND OTHERS in W.P.No.47843/2014 (LA-RES), this Court proceeds to pass the following; ORDER (i) Writ petition stands disposed of. (ii) Respondent No.3 – Deputy Commissioner is directed to initiate proceedings for acquisition, conduct necessary enquiry and pass appropriate orders for the payment of compensation in accordance with law and in terms of the order passed by this Court in the case of SMT.VEENA MAHESH VS. STATE OF KARNATAKA AND OTHERS in W.P.No.47843/2014 (LA-RES). - 6 - HC-KAR NC: 2026:KHC:29179 WP No. 17177 of 2022 (iii) Such order shall be passed within an outer limit of six months from the date of receipt of a certified copy of this order. (iv) Pending applications, if any, stand disposed off. Sd/- (M.G.S. KAMAL) JUDGE NBM List No.: 1 Sl No.: 9