- 1 - HC-KAR NC: 2026:KHC-D:1252 WP No. 103760 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.103760 OF 2022 (S-RES) BETWEEN: 1. SRI. S.B. BAJENTRI S/O. BHEEMAPPA AGED ABOUT 71 YEARS, RETIRED TECHNICAL SUPERINTENDENT DEPARTMENT OF SURVEY SETTLEMENT AND LAND RECORDS, R/AT SECTOR NO.5, PLTO 9-C, NAVANAGAR, BAGALKOT, DIST: BAGALKOT-587101. 2. SRI. RAMAPPA N.GOULI S/O. NARAYANAPPA GOULI, AGED ABOUT 74 YEARS, RETIRED SURVEY OFFICER DEPARTMENT OF SURVEY SETTLEMENT AND LAND RECORDS, R/AT NEAR KSRTC DEPOT, SHIVANAND COMPLEX, GADAG, DIST: GADAG-582103. …PETITIONERS (BY SRI. VIJAY KUMAR, ADVOCATE) AND: 1. THE SPECIAL DEPUTY COMMISSIONER UPPER KRISHNA PROJECT, NAVANAGAR, BAGALKOT, DIST: BAGALKOT-587101. MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.11 12:17:31 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1252 WP No. 103760 of 2022 2. THE SPECIAL DEPUTY COMMISSIONER FOR ACQUISITION OF LAND UPPER KRISHNA PROJECT, NAVANAGAR, BAGALKOT, DIST: BAGALKOT-587101. 3. THE MANAGING DIRECTOR KRISHNA BHAGYA JALA NIGAM LTD., ALMATTI, BIJAPUR-586201. 4. THE SPECIAL LAND ACQUISITION OFFICER UPPER KRISHNA PROJECT NAVANAGAR, BAGALKOT, DIST: BAGALKOT-587101. …RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA FOR R1, R2 AND R4; NOTICE TO R3 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT RECORDS RELATING TO ISSUE OF IMPUGNED ENDORSEMENT BEARING NO. HEVBHUSVA/SIBBANDI2/VAVI/2021-22/1499 DATED 04.01.2022 ISSUED BY RESPONDENT NO. 4 VIDE ANNEXURE-L AND AFTER PERUSAL SET ASIDE THE SAME; TO DIRECT THE RESPONDENT NO.4 TO PAY PETITIONERS THE REMUNERATION FOR THE LANDS SURVEYED BY THEM TO AN EXTENT OF 2628 ACRES AND 2168.35 ACRES AS PER THE REPRESENTATION DATED 30.10.2014 AND 02.06.2015 VIDE ANNEXURE-D AND E IN TERMS OF GOVERNMENT ORDER DATED 26.04.2014 WITH IN A TIME FRAME SPECIFIED BY THIS HON’BLE COURT TOGETHER WITH INTEREST FOR THE DELAYED PERIOD AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA - 3 - HC-KAR NC: 2026:KHC-D:1252 WP No. 103760 of 2022 ORAL ORDER The petitioners have called in question the legality and correctness of the endorsement dated 04.01.2022 issued by respondent No.4 (Annexure-L), whereby the claim for payment of remuneration for survey work carried out in respect of the lands proposed to be acquired for the Upper Krishna Project has been restricted only to the extent of land actually acquired, instead of the entire extent of land surveyed, contrary to the Government Order dated 26.04.2014. 2. The petitioners are retired officials of the Department of Survey, Settlement and Land Records. After their retirement, they were engaged on contract basis by the respondent/authorities to assist in survey of lands required for formation of canals and submerged areas under the Upper Krishna Project. In a meeting held on 25.04.2014, the respondents resolved to enhance the remuneration payable to such retired surveyors and accordingly by Government Order dated 26.04.2014 the - 4 - HC-KAR NC: 2026:KHC-D:1252 WP No. 103760 of 2022 remuneration was fixed for Rs.500/- per acre of the land surveyed. Pursuant thereto, the petitioners undertook extensive survey works during the years 2014-2015. 3. The 1st petitioner surveyed lands to an extent of 2628 acres and the 2nd petitioner surveyed the lands to an extent of 2168.35 acres and submitted survey reports and statements which are produced at Annexures-D and E. Despite repeated representation dated 30.10.2014 and 02.06.2015, the remuneration was not paid in full. 4. Earlier, this Court in W.P.No.101228/2018 directed the respondents to consider the representation of the petitioners. However, instead of granting legitimate claim, respondent No.4 issued the impugned endorsement dated 04.01.2022, restricting payment only to the extent of the land actually acquired as reflected in the Joint Measurement Certificate (JMC). Aggrieved by the same the present writ petition is filed. - 5 - HC-KAR NC: 2026:KHC-D:1252 WP No. 103760 of 2022 5. Learned counsel for the petitioners contended that the Government Order dated 26.04.2014 unequivocally provides for payment of remuneration at Rs.500/- per acre for the land surveyed, and not merely for the land finally acquired. It is submitted that the survey of the entire extent of land is an essential and integral statutory exercise for determining the alignment of canals and extent of the land to be acquired. Without surveying the entire survey numbers through which the canal passes it could be impossible to determine the precise extent of acquisition. It is contended that the impugned endorsement proceeds on a complete misinterpretation of the Government Order and defends its very object. It is urged that Annexures-D and E clearly demonstrate the extent of survey work actually carried out and certified by the competent authorities and therefore denial of remuneration for the full survey extent is arbitrary and unreasonable and violative of Article 14 of the Constitution. - 6 - HC-KAR NC: 2026:KHC-D:1252 WP No. 103760 of 2022 6. Per contra, the learned Additional Government Advocate appearing for the respondents submitted that the remuneration of Rs.500/- is payable only in respect of the land actually acquired as reflected in the JMC. It is contended that the clarification issued by the Commissioner, (Rehabilitation and Resettlement) dated 24.07.2015 makes it clear that the payment has to be confined to the extent of land acquired and not to the entire extent surveyed. Accordingly, it is submitted that the petitioners have already been paid remuneration for the acquired extent and the impugned endorsement does not warrant any interference by this Court. 7. This Court has carefully considered the contentions urged and perused the material on record. 8. The issue that arises for consideration is, “Whether the petitioners are entitled to remuneration for the entire extent of the land surveyed or whether such remuneration can be confined only to the land actually acquired?” - 7 - HC-KAR NC: 2026:KHC-D:1252 WP No. 103760 of 2022 9. On careful perusal of the Government Order dated 26.04.2014 it is manifest that the remuneration is fixed at Rs.500/- per acre for the land surveyed. The language employed in the government order does not restrict payment only to the land finally acquired, but clearly contemplates remuneration linked to the surveyors’ work undertaken. 10. Survey is not a casual or an optional exercise. It is a mandatory statutory step preceding acquisition. For canal formation, survey of entire survey numbers through which the canal alignment passes is indispensable. The contention of the respondents as remuneration should be limited only to the extent shown in the JMC, overlooks the very nature and scope of the survey work entrusted to the petitioners. 11. Annexures-D and E placed on record states that the petitioners had in-fact surveyed 2628 acres and 2168.35 acres respectively and the said survey reports were - 8 - HC-KAR NC: 2026:KHC-D:1252 WP No. 103760 of 2022 accepted and acted upon by the respondents/authorities. Once the authorities have taken the benefit of such survey work, they cannot deny remuneration for the same by giving a restrictive interpretation to the Government Order. The impugned endorsement dated 04.01.2022 proceeds on an erroneous premise and is contrary to the Government Order dated 26.04.2014. 12. Accordingly, this Court pass the following: ORDER i. The writ petition is allowed. ii. The impugned endorsement dated 04.01.2022 issued by respondent No.4 (Annexure-L) is hereby quashed. iii. Respondent No.4 is directed to determine and disburse the remuneration payable to the petitioners for the land surveyed by them, in accordance with the Government Order dated 26.04.2014 and the representations dated 30.10.2014 and - 9 - HC-KAR NC: 2026:KHC-D:1252 WP No. 103760 of 2022 02.06.2015, after verification of records and pass appropriate orders in accordance with law within a period of 8 weeks from the date of receipt of the copy of this order. Sd/- JUSTICE K.S.HEMALEKHA EM Ct:VH List No.: 1 Sl No.: 71