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2026 DAILYLAW 30384 (KAR)

SRI.VARUN N.M v. STATE OF KARNATAKA

WP/19206/2025 · 2026-07-20

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010418132025 NC: 2026:KHC:37098 WP No. 19206 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 19206 OF 2025 (GM-RES) BETWEEN: 1. SRI VARUN N.M. S/O LATE N.P.MALLESH AGED ABOUT 39 YEARS. 2. SMT. VASANTI WIFE OF LATE N.P.MALLESH AGED ABOUT 63 YEARS BOTH R/A HEBBASALE VILLAGE KASABA HOBLI, SAKLESHPURA TALUK HASSAN DISTRICT 573134. 3. SMT. N.M.IMPA CARE OF KARTHIK AGED ABOUT 41 YEARS R/A KANCHANAGANGA ESTATE MALASAVARA POST, AREHALLI BELUR TALUK, HASSAN 57134. …PETITIONERS (BY SRI VIDYASHREE K.S.,ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF WATER RESOURCES VIKASA SOUDHA, DR.B.R.AMBEDKAR ROAD BANGALORE - 560001. 2. CAUVERY NIRAVARI NIGAM LTD, 4TH FLOOR, COFFEE BOARD BUILDING NO.1, DR. B.R. AMBEDKAR VEEDHI BENGALURU 560001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010418132025 NC: 2026:KHC:37098 WP No. 19206 of 2025 3. THE EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE ENGINEER VISHWESHWARAYYA JALA NIGAM LTD., YETHINAHOLE PROJECT DIVISION-I SAKLESHPURA, HASSAN DISTRICT-573134. 4. KARNATAKA NEERAVARI NIGAM LTD., 4TH FLOOR, COFFEE BOARD BUILDING NO.1, DR. B.R. AMBEDKAR VEEDHI BANGALORE - 560001 REP. BY ITS AUTHORISED SIGNATORY THE KARNATAKA IRRIGATION ACT 1965. …RESPONDENTS (BY SRI SHAMANTH NAIK, AGA FOR R1; SRI B.R.PRASHANTH, ADVOCATE FOR R2 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONERS DATED 17.04.2025 PRODUCED AS ANNEXURE-H AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioners are before this Court seeking the following reliefs: a. Issue a Writ of Mandamus directing the Respondents to consider the representation of the Petitioners dated 17.04.2025 produced as ANNEXURE-H. b. Issue a Writ of Mandamus directing Respondent No.3 to reconstruct the compound wall & resurrect the gate as undertaken in the MoU dated 17.07.2019 produced as ANNEXURE-A. - 3 - HC-KAR CNR: KAHC010418132025 NC: 2026:KHC:37098 WP No. 19206 of 2025 c. Pass such other relief/s as this Hon'ble Court may deem fit in the light of facts and circumstances of this case. 2. The petitioners being the land owner in Survey No.178, 177, 171, 120, 121, 118 and 116 and Survey No.48/2, 49/3 and 119 of Hebbasale Village, Kasaba Hobli, Sakaleshpur Taluk. A portion of the said land was acquired by the respondents for the purpose of executing the Yettinahole Comprehensive Drinking Water Project Phase-I. It is in that background, it was required for the respondents to demarcate the property and construct a compound wall which had earlier been existence. 3. In pursuance of which, a Memorandum of Understanding dated 17.07.2019 had been executed. Since the same was not done by the respondent's- statutory authority, the petitioner is before this Court seeking for the aforesaid relief viz., consideration of the representation of the petition dated 17.04.2025 for complying with the construction of the compound wall and resurrection of the gate as undertaken in the said Memorandum of Understanding. 4. Sri.Prashant.B.R., learned counsel for respondents No.2 to 4 submit that the respondents on instructions of respondent No.3 submit that the respondents have always been ready to put up the - 4 - HC-KAR CNR: KAHC010418132025 NC: 2026:KHC:37098 WP No. 19206 of 2025 construction of the compound wall and resurrect the gate. However, there were certain obstructions by the petitioner. 5. Learned counsel for the petitioner submits that the petitioner would cooperate with the official respondents in constructing of the compound wall and resurrecting the gate and further submission is that the petitioner has never obstructed respondents from doing so. 6. In that view of the matter, this Court passes the following; ORDER i. The writ petition is disposed of. ii. Respondents No.3 is directed to comply with the obligation under Memorandum of Understanding dated 17.07.2019 and reconstruct the compound wall and resurrect the gate within a period of 45 days from the date of receipt of the copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 60