IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

DATED THIS THE 28^TH DAY OF JULY, 2021

BEFORE

THE HON’BLE MR.JUSTICE S.R. KRISHNA KUMAR

WRIT PETITION NO.101139/2017 (LA-RES)

BETWEEN

SRI SHARANAPPA S/O SHIVANNA HUDED,

AGE: 42 YRS., OCC: AGRL.,

R/O JIRAL VILLAGE,

TQ: GANGAVATHI, DIST: KOPPAL.

...PETITIONER

(BY SRI LAXMAN T.MANTAGANI, ADVOCATE)

AND

1.

THE STATE OF KARNATAKA,

BY ITS SECRETARY,

REVENUE DEPARTMENT,

M.S.BUILDING, BENGALURU.

2.

THE STATE OF KARNATAKA,

BY ITS SECTETARY,

WATER RESOURCES DEPARTMENT

(MINOR IRRIGATION),

M.S.BUILDING, BENGALURU.

3.

THE ASSISTANT COMMISSIONER/

LAND ACQUSITION OFFICER,

KOPPAL, DISTRICT: KOPPAL.

4.

CHIEF ENGINEER,

MINOR IRRIGATION DEPARTMENT,

VIJAYAPUR.

5.

EXECUTIVE ENGINEER,

MINOR IRRIGATION, KUSTAGI.

2

6.

ASSISTANT EXECUTIVE ENGINEER,

MINOR IRRIGATION,

SUB-DIVISION, KOPPAL,

DISTIRCT KOPPAL.

…RESPONDENTS

(BY SRI V.S.KALASURMATH, HCGP)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226

AND 227 OF CONSTITUTION OF INDIA PRAYING TO

DIRECT THE RESPONDENTS NO.5 AND 6 TO SUBMIT A

PROPOSAL TO THE 3^RD RESPONDENT AS PER THE ‘ACT-

2013’ FOR INITIATING ACQUISITION PROCEEDINGS IN

RESPECT OF THE LAND OF THE PETITIONER; DIRECT THE

3^RD

RESPONDENT

ON

RECEIPT

OF

THE

PROPOSAL,

INITIATE

THE

ACQUISITION

PROCEEDINGS

AND

DETERMINE AND PAY THE AMOUNT OF COMPENSATION AS

PER THE ‘ACT-2013’; THE 3^RD RESPONDENT MAY ALSO BE

DIRECTED TO DETERMINE THE DAMAGES FROM THE DATE

OF

TAKING

POSSESSION

OF

THE

LAND

OF

THE

PETITIONER

TILL

THE

DATE

OF

PRELIMINARY

NOTIFICATION AND DISBURSE THE AMOUNT OF DAMAGES

WITH INTEREST.

THIS

PETITION

COMING

ON

FOR

PRELIMINARY

HEARING IN ‘B’ GROUP THIS DAY, THE COURT, MADE THE

FOLLOWING:

ORDER

In this writ petition, the petitioner has sought

for for the following reliefs:

a.

Issue a writ of mandamus directing the

respondents No.5 and 6 to submit a

proposal to the 3^rd respondent as per

the ‘Act-2013’ for initiating acquisition

proceedings in respect of the land of

the petitioner;

3

b.

Issue a writ of mandamus directing the

3^rd

respondent

on

receipt

of

the

proposal,

initiate

the

acquisition

proceedings and determine and pay

the amount of compensation as per the

‘Act-2013’;

c.

The

3^rd

respondent

may

also

be

directed to determine the damages

from the date of taking possession of

the land of the petitioner till the date

of preliminary notification and disburse

the amount of damages with interest

and etc.

2.

Heard learned counsel for the petitioner

and learned HCGP for the respondents. Perused the

material on record.

3.

In

addition

to

reiterating

the

various

contentions put forth in the memorandum of writ

petition, it is the grievance of the petitioner that

though the possession of the land bearing Sy.No.35

measuring 5 acres of land in Jiral village taken for

construction of Percolation Tank near Jiral village and

4

utilized without resorting to acquisition proceedings

and without following due process of law and as such,

the petitioner is before this court by way of present

petition.

4.

Learned HCGP on instructions submits that

after

institution

of

the

present

petition,

the

respondents have passed an award in respect of

remaining 5 acres of land and the beneficiary has

deposited the entire compensation in relation to the

said 5 acres of land and the same would be disbursed

in favour of the petitioner.

5.

Said submission of learned HCGP is placed

on record.

6.

In

view

of

the

aforesaid

facts

and

circumstances, I deem it just and appropriate to

dispose of this writ petition directing the respondents

to disburse the compensation amount in respect of 5

acres of land in favour of the petitioner in accordance

5

with law within a period of two months from the date

of receipt of certified copy of this order.

7.

Liberty

is

reserved

in

favour

of

the

petitioner to seek enhanc