- 1 - HC-KAR NC: 2026:KHC-D:1063 WP No. 109652 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.109652 OF 2025 (LA-RES) BETWEEN: SRI. SHRIKANT S/O SIDDAPPA BIRAKABBI AGE 55 YEARS, OCC AGRICULTURE R/O BIRAKABBI VILLAGE TQ: BILAGI, DIST : BAGALKOT. …PETITIONER (BY SRI. DUNDAPPA MALLI AND MISS. ROMA S.SOUDAGAR, ADVOCATES) AND: 1. THE COMMISSIONER OFFICE REHABILITATION AND RECONSTRUCTION AND LAND ACQUISITION UPPER KRISHNA PROJECT NAVANAGAR, BAGALKOTE-587103 TQ: BAGALKOT, DIST: BAGALKOT. 2. THE DEPUTY COMMISSIONER BAGALKOTE-587103 TQ : BAGALKOT, DIST: BAGALKOT. 3. THE SPECIAL LAND ACQUISITION OFFICER UPPER KRISHNA PROJECT OFFICE, NAVANAGAR. TQ : BAGALKOT, DISTRICT BAGALKOTE-587103. …RESPONDENTS (BY SRI. PRAVEEN K.UPPAR, AGA) MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.02 10:03:11 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1063 WP No. 109652 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.3 TO CONSIDER THE REPRESENTATION DATED 06.10.2025 GIVEN BY THE PETITIONER VIDE ANNEXURE-B AND TO PASS A SUPPLEMENTARY AWARD AND PAY THE COMPENSATION ALONG WITH STATUTORY BENEFIT IN RESPECT OF PHOT-KARAB AREA BEING A PART OF LAND BEARING SY.NO.67/1 MEASURING 6 ACRE 12 GUNTAS AND 00.28 GUNTAS AS PHOT KHARAB, IN SO FAR AS PETITIONER PROPERTY IS CONCERNED AND PASS APPROPRIATE ORDERS IN ACCORDANCE WITH LAW AT THE EARLIEST, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING- B GROUP-1, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER (PER: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA) The petitioner has approached this Court seeking a writ of mandamus directing respondent No.3 to consider the representation dated 06.10.2025 submitted by the petitioner (Annexure-B), and to pass a supplementary award and pay compensation, along with the statutory benefits, in respect of 5 Acres 28 Guntas as phot-kharab area, forming part of the land bearing Sy.No.67/1 of, measuring 6 Acres 12 Guntas. - 3 - HC-KAR NC: 2026:KHC-D:1063 WP No. 109652 of 2025 2. Heard learned counsel for the petitioner and Learned Additional Government Advocate for respondents- State. 3. Learned counsel for the petitioner submits that the phot-kharab area measuring 5 Acres 28 guntas in Sy.No.67/1, is in fact, ‘A’ kharab land and squarely fall under the provisions of Rule 21 (2)(a) of the Karnataka Land Revenue Rules, 1996 (for short ‘Rules, 1996). It is contended that compensation has not been awarded in respect of the said extent and that the petitioner’s representation seeking supplementary award has not yet been considered. 4. Learned Additional Government Advocate for the respondents-State submits that the representation at Annexure-B will be considered by the competent authorities in accordance with law within a time bound manner. 5. Having regard to the submission made and the nature of grievance of the petitioner, the ends of justice - 4 - HC-KAR NC: 2026:KHC-D:1063 WP No. 109652 of 2025 would be met if necessary directions are issued to the respondents-authorities to consider the representation and determine whether the phot-kharab area measuring 5 acres 28 guntas reflected as Annexure-A, would fall under the provisions of Rule 21(2) (a) of the Rules, 1996 or otherwise. Accordingly, this Court passed the following; ORDER i. The writ petition is disposed of. ii. The respondent No.3-Special Land Acquisition Officer is directed to consider the petitioner's representation (Annexure-B) with due regard to the phot-kharab area shown in Annexure-A in respect of Sy.No.67/1 and to verify whether the petitioner's land falls under the provisions of Rule 21 (2)(a) or otherwise of the Karnataka Land Revenue Rules, 1996 and thereafter pass appropriate orders in accordance with law within a period of six weeks - 5 - HC-KAR NC: 2026:KHC-D:1063 WP No. 109652 of 2025 from the date of receipt of certified copy of this order. Sd/- JUSTICE K.S.HEMALEKHA AM/- List No.: 1 Sl No.: 54