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2026 DAILYLAW 39601 (KAR)

PUTANI v. THE STATE OF KARNATAKA

WP/28303/2026 · 2026-09-08

R Nataraj

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010617812026 NC: 2026:KHC:48779 WP No. 28303 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 28303 OF 2026 (LA-RES) BETWEEN: 1. PUTANI W/O LATE RAMESH, AGED ABOUT 65 YEARS R/AT NAGANAHALLI, SHANTHIGRAMA HOBLI, HASSAN TALUK AND DISTRICT - 573 201. 2. DYAVAMMA W/O LATE RAMEGOWDA, AGED ABOUT 75 YEARS, R/AT NAGANAHALLI, SHANTHIGRAMA HOBLI, HASSAN TALUK AND DISTRICT - 573 201. …PETITIONERS (BY SRI. GIRISH B BALADARE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001, REP, BY ITS SECRETARY. 2. THE DEPUTY COMMISSIONER, HASSAN DISTRICT HASSAN-573 201. 3. THE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER, VIKASH BHAVAN, HASSAN DIST - 573 201. Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010617812026 NC: 2026:KHC:48779 WP No. 28303 of 2026 4. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PROJECT, DISTRICT OFFICE COMPLEX, HASSAN DISTRICT, HASSAN-573 201 5. THE MANAGING DIRECTOR CAUVERY IRRIGATION CORPORATION LTD [CAUVERY NIRAVARI NIGAMA] ANAND RAO CIRCIE BENGALURU - 560 001 …RESPONDENTS (BY SRI.B.J.ESHWARAPPA, AGA FOR R1 TO R4; SRI.B.R.PRASHANTH, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NOS. 4 AND 5 THAT IS, SPECIAL LAND ACQUISITION OFFICER, HEMAVATI RESERVOIR PROJECT, HASSAN DIST, HASSAN AND THE MANAGING DIRECTOR, CAUVERY IRRIGATION CORPORATION LTD, BANGALORE TO CONSIDER THE REPRESENTATION GIVEN BY THE PETITIONER DATED 21-06-2026 AND 12-08-2026 AS PER ANNEXURE-E, E1, E2 AND E3. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioners have sought for a writ in the nature of mandamus to direct the respondent Nos.4 and 5 to consider their representations dated 21.06.2026 and 12.08.2026 and pass appropriate orders regarding payment of compensation. - 3 - HC-KAR CNR: KAHC010617812026 NC: 2026:KHC:48779 WP No. 28303 of 2026 2. (i) The petitioners claim to be the owners of land bearing Sy.No.53/3 (new Sy.No.53/16) measuring 6.5 guntas and Sy.No.53/11, measuring 6 guntas situate at Dammagere, Shantigrama Hobli, Hassan Taluk, which was acquired for Yagachi Reservoir Project. The petitioners claim that they could not seek enhancement of the compensation determined within the time prescribed. However, another landloser had sought reference under Section 18 (1) of the Land Acquisition Act, 1894 (henceforth referred to as ‘the Act, 1894’) and the learned Senior Civil Judge at Hassan, had determined the market value and awarded compensation of Rs.1,00,000/- per gunta vide judgment dated 21.06.2013. Therefore, both the petitioners filed applications under Section 28-A of the Act, 1894 on 23.03.2017 for enhancement of the compensation as per the award passed in LAC No.74/2016 disposed of on 01.02.2017. The petitioners claim that their representations were not considered, which compelled them to file one more representation on 08.03.2022. (ii) Thereafter, the petitioners approached this Court in W.P.Nos.11606/2022 and 11506/2022 seeking for a direction - 4 - HC-KAR CNR: KAHC010617812026 NC: 2026:KHC:48779 WP No. 28303 of 2026 to the respondent Nos.4 and 5 and the said writ petitions were disposed of directing the respondent Nos.4 and 5 to consider the representation dated 23.03.2017. The petitioners claim that the respondent No.4 considered the application filed by the petitioners under Section 28-A of the Act, 1894 and passed an order determining the enhanced compensation in line with the judgment and award passed in LAC No.74/2016. The petitioner contends that even after additional compensation is determined, the respondents have not deposited the same and have not released the compensation in their favour. 3. In view of the above, the petitioners submitted representations to the respondent Nos.4 and 5 on 21.06.2026 and 12.08.2026 requesting for release of the compensation. The petitioners contend that said representations are not considered and therefore prays that a direction be issued to the respondent Nos.4 and 5 to consider the representations. 4. If the respondent No.4 has already passed an award under Section 28-A of the Act, 1894 enhancing the compensation payable to the petitioners, he is bound to take further steps by compelling the respondent No.5 to deposit the - 5 - HC-KAR CNR: KAHC010617812026 NC: 2026:KHC:48779 WP No. 28303 of 2026 compensation and also take steps to release the compensation in accordance with law. If the same is not done, the respondent Nos.4 and 5 are bound to consider the representations filed by the petitioners dated 21.06.2026 and 12.08.2026 and take appropriate measures to deposit the compensation. This shall be complied within a period of three months from the date of receipt of a copy of this order. 5. Accordingly, this petition is allowed in the above terms. 6. Learned Additional Government Advocate for respondent Nos.1 to 4 and Sri.Prashanth B.R., learned counsel for respondent No.5 are permitted to file memo of appearance within ten days from today. Sd/- (R. NATARAJ) JUDGE BKN List No.: 1 Sl No.: 1