IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 26661 OF 2025 (LA-RES)

BETWEEN:

SRI. LINGABASAPPA H.R.

S/O LATE RAMALINGAPPA.H., AGED ABOUT 63 YEARS, RESIDING AT D.S.HALLI, DODDASIDDAVVANAHALLI, CHITRADURGA TALUK AND DISTRICT (ADDRESS AS PER ANNEXURE-M)

…PETITIONER (BY SRI. NAIK VENKATRAMAN NAGAPPA, ADVOCATE)

AND:

1. THE UNION OF INDIA, R/BY ITS SECRETARY, Digitally signed by MAHALAKSHMI B M MINISTRY OF RAILWAYS, Location: HIGH RAIL BHAWAN, NEW DELHI - 110 001.

COURT OF KARNATAKA

2. THE GOVERNMENT OF KARNATAKA R/BY ITS SECRETORY, REVENUE DEPARTMENT VIDANA SOUDHA, BENGALURU - 560 001.

3. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT - 577 501.

4. THE SPECIAL LAND ACQUISITION OFFICER, OFFICE OF THE S.L.A.O., TUMKUR-CHITRADURGA-DAVANAGERE NEW RAILWAY TRACK PROJECT, CHITRADURGA DISTRICT - 577 501.

5. SRI. CHIDANANDAPPA.H.R, S/O.LATE RAMALINGAPPPPA H, AGED MAJOR, RESIDING AT DODDASIDDAVVANA HALLI, CHITRADURGA TALUK, CHITRADURGA DISTRICT - 577 524 …RESPONDENTS (BY SRI. HARISHA A.S, AGA FOR R2 TO R4;

SRI. SHANTHI BHUSHAN, DSG FOR R1)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTTION OF INDIA PRAYING TO A) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENT NO.4, TO RELEASE AND DISBURSE THE BALANCE LAWFUL COMPENSATION AMOUNT OF RS. 17,79,973/-, ALONG WITH INTEREST AT THE RATE OF 9 PERCENT P.A, TO THE PETITIONER FOR THE LAND ACQUIRED FOR RAILWAY PURPOSES, FORTHWITH IN TERMS OF THE REPRESENTATION GIVEN BY THE PETITIONER DATED 07.07.2023 1.E ANNEXURE-E AND REPRESENTATION DATED

24.06.2024 1.E ANNEXURE-H AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL ORDER

Learned DSG Sri. Shanthi Bhushan is directed to take notice for respondent No.1.

2. Learned Additional Government Advocate accepts notice for respondent Nos.2 to 4.

3. The petitioner has approached this Court seeking a writ of mandamus, directing respondent No.4 to release and disburse the balance compensation amount of `17,79,973/- along with the interest at the rate of 9% per annum in favour of the petitioner, in respect of the land acquired for railway purposes and in terms of the petitioner's representation dated 07.07.2023 at Annexure-

E and representation dated 24.06.2024 at Annexure-H.

4. Heard learned counsel for the petitioner and learned Additional Government Advocate for respondent Nos. 2 to 4.

5. Learned counsel for the petitioner submits that, despite the petitioner having submitted representations on

07.07.2023 and 24.06.2024 seeking release of the balance compensation amount, the said representations have not been considered or acted upon by the respondents till date.

6. Per contra learned counsel appearing for the respondent Nos.2 to 4 submits that respondent No.5 has laid claim asserting for entitlement to the compensation amount and therefore, direct release of said compensation amount in favour of the petitioner could not be ordered. However, it is submitted that the representation submitted by the petitioner will be considered in accordance with law if a reasonable time is granted. 7. The submission is recorded.

8. In view of the above, the grievance of the petitioner would stand redressed if appropriate direction is issued to the respondent Nos.2 to 4 to consider the petitioner's representation. Accordingly, this Court pass the following:-

ORDER

i. The writ petition is disposed of.

ii. Respondent No.4 is directed to consider the petitioner's representation dated 07.07.2023 at Annexure-E and representation dated 24.06.2024 at Annexure-H and pass appropriate orders thereon in accordance with law after affording an opportunity of hearing to all concerned parties including respondent No.5 within an outer limit of two months from the date of receipt of a certified copy of this order.

Sd/-

________________________

JUSTICE K.S. HEMALEKHA