- 1 - HC-KAR NC: 2026:KHC:27236 WP No. 48749 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 48749 OF 2014 (LA-RES) BETWEEN: 1. SRI. SHIRUR MUTT AND ITS TEMPLE VITTALA DEVARU BY ITS MATATHIPATHI SRI LAKSHMIVARA THEERTHA SWAMIJI, AGED ABOUT 48 YEARS, UDUPI. 2. SRI. K. BALAKRISHNA SHENOY S/O VASUDEVA SHENOY, AGED ABOUT 45 YEARS, R/O 'DWARAKA', 2ND STAGE, ANANTHANAGAR, MANIPAL …PETITIONERS (BY SRI. ANANDA SHETTY A., ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA BY ITS UNDER SECRETARY TO REVENUE DEPARTMENT, MULTISTORIED BUILDING, K.R. CIRCLE, BANGALORE. 2. THE LAND ACQUISITION OFFICER AND THE ASSISTANT COMMISSIONER, KUNDAPURA SUB-DIVISION, REVENUE DEPARTMENT, KUNDAPURA. 3. THE EXECUTIVE ENGINEER P.W.D. PORT AND LAND WATER TRANSPORT DEPARTMENT, UDUPI DIVISION, UDUPI. Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27236 WP No. 48749 of 2014 4. THE TAHSILDAR UDUPI TALUK, UDUPI. 5. SRI. S.K. GIRISH S/O DR. G.S. KRISHNA AGE: MAJOR, R/O "SRI. GURUGADDALAKSHMI NILAYA" K.R.PURAM EXTENSION, SHIMOGA. 6. SRI. UPENDRA NAYAK S/O RAMAKRISHNA NAYAK, AGED ABOUT 47 YEARS, MAIN ROAD, NEAR SYNDICATE CIRCLE, MANIPAL, UDUPI DISTRICT. 7. SRI. T. NARAYANA PAI S/O LATE DR. TMA PAI, AGE: MAJOR, R/O ANANTHNAGAR, MANIPAL, UDUPI DISTRICT. 8. SMT. SHARADA RAO W/O DAYANANDARAO AGE: MAJOR, R/O NEAR SYNDICATE CIRCLE, MANIPAL, UDUPI DISTRICT. 9. SRI. SANJAY PAI S/O NARAYANA PAI, AGE: MAJOR, R/O ANANTHNAGAR, MANIPAL, UDUPI DISTRICT. 10. SRI. SUNIL PAI S/O NARAYANA PAI, AGE: MAJOR, R/O ANANTHNAGAR, MANIPAL, UDUPI DISTRICT. 11. MANIPAL SHOWBHAGYA NIDHI LTD. BY ITS DIRECTOR, SMT. VIJAYALAKSHMI PAI, - 3 - HC-KAR NC: 2026:KHC:27236 WP No. 48749 of 2014 TILE FACTORY ROAD, MANIPAL, UDUPI DISTRICT. …RESPONDENTS (BY SRI. ADITYA DIWAKAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 TO 4; SRI. VINOD KUMAR, ADVOCATE FOR SRI. B.S. MAHENDRA, ADVOCATE FOR RESPONDENT NOS.7, 9, 10 AND 11 (THROUGH VC); NOTICE SERVED ON RESPONDENT NOS.5 AND 6 AND UNREPRESENTED; VIDE ORDER DATED 24.11.2021, PETITION IS DISMISSED ABATED AGAINST RESPONDENT NO.8) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONDUCT A JOINT SURVEY WITH THE PARTICIPATION OF THE REVENUE AUTHORITIES FOR THE PURPOSE OF IDENTIFICATION OF THE ACTUAL LANDS UTILISED FOR WIDENING PURPOSES IN SY.NO.59 OF SHIVALLI VILLAGE, MANIPAL, UDUPI DISTRICT, WITH OPPORTUNITY TO THE PARTIES CONCERNED AND TO DIRECT THEM TO RE-ISSUE THE PRELIMINARY AND FINAL NOTIFICATIONS AS WELL AS TO PASS A FRESH AWARD BASED ON THE FRESH SURVEY REPORT IN RESPECT OF THE ACTUAL PORTION OF THE LAND USED IN SY.NO.59 OF SHIVALLI VILLAGE FOR WIDENING OF THE HIGHWAY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ - 4 - HC-KAR NC: 2026:KHC:27236 WP No. 48749 of 2014 ORAL ORDER The petitioners have sought for the following reliefs in this petition: "(ii) Issue a writ of mandamus directing the respondents to conduct a joint survey with the participation of the revenue authorities for the purpose of identification of the actual lands utilised for widening purposes in Sy.No.59 of Shivalli village, Manipal, Udupi district, with opportunity to the parties concerned, and to direct them to re-issue the Preliminary and Final Notifications as well as to pass a Fresh Award based on the Fresh Survey Report in respect of the actual portion of the land used in Sy.No.59 of Shivalli Village for widening of the Highway." 2. Learned counsel for the petitioners submits that he does not press prayer Nos.(i) and (iii) and the said submission is placed on record. 3. (i) The petitioners and respondent Nos.5 to 10 claim to be the owners of portions of land bearing Sy. No.59 of Shivalli Village, Manipal, Udupi District situate adjacent to State Highway No.65. They contend that respondent Nos.1 to 3, without initiating acquisition proceedings, utilised portions of - 5 - HC-KAR NC: 2026:KHC:27236 WP No. 48749 of 2014 the said land for widening the State Highway. They further contend that no compensation was paid for the land so utilised and that their efforts to secure compensation have proved futile. (ii) Though, several reliefs were sought in the writ petition, the petitioners have confined their prayer to a direction to the respondents to conduct a joint survey to identify the lands utilized for widening of the State Highway and thereafter initiate acquisition proceedings, issue the requisite notifications and pass an award in accordance with law. (iii) During the pendency of this writ petition, a joint survey was conducted on 20.01.2024 and it was found that respondent Nos.1 to 3 had used up 11 cents of land in Sy.No. 59 of Shivali village belonging to petitioner No.1 for the purpose of widening the State Highway. 4. The learned Additional Government Advocate does not dispute the fact that a survey conducted under the auspices of the Court showed that 11 cents of land in Sy.No.59 of Shivali - 6 - HC-KAR NC: 2026:KHC:27236 WP No. 48749 of 2014 Village was used up for widening the State Highway No.65. He also does not dispute the fact that no notification under the provisions of the Land Acquisition Act, 1894 was issued. 5. In that view of the matter, this writ petition is disposed off directing respondent Nos.1 to 3 to finalise the award in respect of 11 guntas of land in Sy.No.59 of Shivalli used for widening State Highway No.65 in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The said exercise shall be done within a period of three months from the date of receipt of a copy of this order. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 12