- 1 - HC-KAR NC: 2026:KHC-D:326 WP No. 109019 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.109019 OF 2025 (LA-RES) BETWEEN: 1. SHRI. MALLESHAPPA S/O. VIRUPAKSHAPPA HOSUR, AGE: 58 YEARS, OCC: AGRICULTURE. 2. SMT. RAJESHWARI W/O. RUDRAPPA HOSUR AGE: 56 YEARS, OCC: AGRICULTURE/HOUSEHOLD, BOTH ARE R/O. DODDA ONI, AMMINBHAVAI, TQ: AND DIST: DHARWAD-581201. &PETITIONER (BY SRI. R.H.ANGADI AND SRI. PRANAV UMESH BADAGI, ADVOCATES) AND: 1. THE STATE OF KARNATAKA REP. BY DEPUTY COMMISSIONER, DHARWAD-580001. 2. THE SPECIAL LAND ACQUISITION OFFICER, MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.20 15:21:15 +0530 - 2 - HC-KAR NC: 2026:KHC-D:326 WP No. 109019 of 2025 KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., FIRST FLOOR, KSFC BUILDING, PB ROAD, RAIPUR, DHARWAD-580 009. 3. THE MANAGING DIRECTOR, HUBBALLI-DHARWAD BRTS CO. LTD., HOSUR, HUBBALLI-560 020. &RESPONDENTS (BY SRI. PRAVEEN K.UPPAR, AGA FOR R1 AND R2; SRI. C.V.ANGADI, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NOS.2 AND 3 TO CONSIDER THE REPRESENTATION VIDE ANNEXURE-B AND B1 DATED 03.06.2025 AND 04.09.2025 AND CONSEQUENTLY RESPONDENT NO.2 AND 3 BE DIRECTED TO CLEAR THE ENCUMBRANCE BY MAKING PAYMENT TO HDFC BANK, HUBBALLI OR CO-OPERATIVE BANK AS PER ANNEXURE-C DATED 09.09.2025 BY ALLOWING THIS PETITION TO MEET THE ENDS OF JUSTICE AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA - 3 - HC-KAR NC: 2026:KHC-D:326 WP No. 109019 of 2025 ORAL ORDER The petitioners are seeking a writ of mandamus directing respondent Nos.2 and 3 to consider their representations dated 03.06.2025 and 04.09.2025 (Annexures-B & B1) and consequently, to clear the encumbrance by making payment to the HDFC Bank, Hubballi or to the Co-operative Bank as per Annexure-C. 2. Heard learned counsel for the petitioners, learned counsel appearing for respondent No.3 and learned High Court Government Pleader for respondent Nos.1 and 2- State. 3. Learned counsel for the petitioners submits that respondent No.2 has issued an endorsement dated 09.09.2025 stating that the compensation amount would not be disbursed until the encumbrance over the property bearing Block No.898/2 measuring 4 acres, to an extent of Rs.4,40,000/- payable to the Co-operative Bank Ltd., and Rs.14,80,000/- payable to the HDFC Bank Ltd., Hubballi is - 4 - HC-KAR NC: 2026:KHC-D:326 WP No. 109019 of 2025 cleared. It is further submitted that pursuant to the compromise entered into between the parties on 02.09.2024 in O.S.No.324 of 2023, the petitioners have submitted representations (Annexures-B & B1) seeking appropriate action. 4. Learned Additional Government Advocate appearing for respondent Nos.1 & 2 submits that the encumbrance referred to by the petitioners pertains to Block No.898/2, which admittedly is not the acquired property. It is contended that the land acquired for the project is CTS 348/B-4/HYG and therefore, any encumbrance or settlement relating to Block No.898/2, cannot be the subject matter of consideration by the acquiring authority. It is however, submitted that if the petitioners submit a fresh representation confined to the disbursement of compensation in respect of the acquired land, the same would be considered in accordance with law. 5. The aforesaid submission is recorded. - 5 - HC-KAR NC: 2026:KHC-D:326 WP No. 109019 of 2025 6. Having regard to the submission made, the grievance of the petitioners would stand redressed if a liberty is granted to the petitioners to make a fresh representation seeking disbursement of amount in respect of the acquired property. Accordingly, this Court pass the following: ORDER (i) The writ petition is disposed of. (ii) The petitioners are at liberty to give representation seeking disbursement of compensation in respect of acquired land within a period of two weeks from the date of receipt of copy of this order. (iii) Upon such representation being submitted, respondent No.2 shall consider the same and pass appropriate orders in accordance with law within 6 weeks thereafter. Sd/- JUSTICE K.S.HEMALEKHA EM Ct:VH: List No.: 1 Sl No.: 7