The captioned writ petition is filed by the petitioner

seeking the following reliefs;

i)

Issue

a

writ

of

Certiorari

qusshing

the

endorsement dated 21.05.2016 issued by the

4^th

respondent

in

No.Kri.Me.Yo/

PuUPaVi.No.4/Bhu/2016-17/103

vide

Annexure-J.

ii)

Issue a writ of mandamus directing the

Respondent No.2 to 4 to determine and pay the

amount

of

compensation

to

the

shed

constructed to run saw mill in Sy.Nol.87/7 of

Varagodadinni village of Hunagund Taluk in

Bagalakote District considering the licence

issued by the Gram panchayat and electricity

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supply connect granted by HESCOM Bagalakote

dated 16.03.2009 vide Annexures-C, D & D1.

iii)

Issue any other order or direction as this

Hon’ble Court deems fit in the circumstances of

the case, in the interest of justice and equity.

The grievance of the petitioner before this Court

is

that

the

respondents

are

declining

to

grant

compensation to the petitioner herein, though the entire

village wherein the petitioner’s land bearing Sy.No.87/7 is

situated and submerged in the backwater of Upper Krishna

Project. The petitioner’s case is that the respondents have

notified Sy.No.87, which comprises several hissas i.e.,

Sy.No.87/1,

Sy.No.87/2,

Sy.No.87/3,

Sy.No.87/4,

Sy.No.87/5 and Sy.No.87/6. However, the grievance of

the petitioner before this Court is that the respondents

have excluded Sy.No.87/7 only on the ground that the

property held by the petitioner does not bear Upper

Krishna Project number. The petitioner’s grievance is that

the residential house in the adjoining property bearing

UKP

Nos.41

(Sy.No.87/2)

UKP.No.42

(Sy.No.87/1)

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UKP.No.45 (Sy.No.87/3) were notified, considered and

compensation has been determined, but, his sawmill

located in Sy.No.87/7 is excluded.

The 4^th respondent vide endorsement dated

21.05.2016 vide Annexure-J has declined to grant

compensation on the ground that the property owned by

the petitioner is not notified by UKP numbers and also on

the ground that the property held by petitioner does not

fall within the zone of submerged area.

Pending consideration of the writ petition, this

Court has appointed the Assistant Executive Engineer,

Rehabilitation

Sub-Division-4,

Alamatti,

as

a

Court

Commissioner to carryout spot inspection and examine the

location of Sy.No.87/7. The Court Commissioner has

submitted his report that the property/Sawmill of the

petitioner is at the height of 7.25 meters from the

submerged area. The surveyor has also furnished the copy

of photograph at Annexure-L.

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5.

It is not in dispute that the entire Varagodadinni

village is declared as submerged area. It is also not in

dispute that Sy.No.87 has in all seven sub-divisions. While

all six sub-divisions have been the part of the sub-merged

area, however, the respondents are claiming that the

petitioner’s sawmill does not fall within the zone of

backwater of Narayanapura Reservoir. This stand taken

by the respondents appears to be unreasonable. The

Commissioner’s

report

indicates

that

though

the

petitioner’s sawmill is at the height of 7.25 meters, but the

photograph which is produced along with writ petition at

Annexure-L clearly indicates that during Monsoon, even

the petitioner’s land also gets submerged on account of

backwaters. Therefore, the material on record clearly

indicates that the petitioner cannot utilize his property

during Monsoon and also during flooding. In this context,

this Court is of the view that the respondents/authorities

are bound to consider the petitioner’s grievance. Even if

UKP number is not assigned to the petitioner’s property,

the photograph at Annexure-L clearly indicates that the

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petitioner’s land which is adjacent to Sy.No.87/1 to 6 is

also a part of the submerged area of backwater.

6.

The impugned endorsement dated 21.05.2016

does not present any scenario to evaluate the backwater

impacts on account of Upper Krishna Project in the present

case on hand. If Sy.No.87/7 which is owned by the

petitioners is a part of S