Karnataka High Court

WRIT PETITION 106209 of 2023 on 31 December 2022

Digitally signed byPREMCHANDRA M RLocation: HIGHCOURT OFKARNATAKA

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 27[TH] DAY OF MARCH, 2025

BEFORE

THE HON'BLE MS. JUSTICE JYOTI MULIMANI -WRIT PETITION NO. 106209 OF 2023 (LARES)

BETWEEN:

MAHANTESH SIDDAPPA ANNIGERI, AGE. 38 YEARS, OCC. AGRICULTURE, R/O. H.NO. 1123, ANJANEYA NAGAR, KELAGERI, DIST. DHARWAD.

…PETITIONER

(BY SRI. V.P.VADAVI., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY ITS SECRETARY, BY ITS SECRETARY, IRRIGATION DEPARTMENT, VIDHAN SOUDHA, BENGALURU-560 001. VIDHAN SOUDHA, BENGALURU-560 001.

2. THE SPECIAL LAND ACQUISITION OFFICER, EXECUTIVE ENGINEER, DIVISION NO.2, NAVILUTEERTHA, DIST. RAMDURG-591 116, DIST: BELAGAVI. EXECUTIVE ENGINEER, DIVISION NO.2, NAVILUTEERTHA, DIST. RAMDURG-591 116, DIST: BELAGAVI.

3. CHIEF ADMINISTRATIVE OFFICER, KARNATAKA NIRAVARI NIGAM NIYAMIT, VALMI BUILDING, BELAGAVI ROAD, DHARWAD-580 003. KARNATAKA NIRAVARI NIGAM NIYAMIT, VALMI BUILDING, BELAGAVI ROAD, DHARWAD-580 003.

4. KARNATAKA NEERAVATI NIGAM LTD., REPRESENTED BY ITS CHIEF ENGINEER, MALAPRABHA PROJECT ZONE, COLLEGE ROAD, DIST. DHARWAD-580 001. REPRESENTED BY ITS CHIEF ENGINEER, MALAPRABHA PROJECT ZONE, COLLEGE ROAD, DIST. DHARWAD-580 001.

…RESPONDENTS

(BY SRI. PRAVEEN.K.UPPAR., AGA FOR R1 & 2; SRI. UMESH AINAPUR., ADVOCATE FOR R3-4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:

Page 1 of 2

ORAL ORDER

Sri.V.P.Vadavi., counsel for the petitioner, Sri.Praveen K.Uppar., AGA for respondents 1 and 2 and Sri.Umesh Ainapur., counsel for respondents 3 and 4 have appeared in person.

2. The captioned Writ Petition is filed seeking a Writ of Mandamus directing the fourth respondent to consider the representation dated: 31/12/2022 vide Annexure-D and initiate the acquisition proceedings and disburse the amount of compensation.

3. Heard the arguments and perused the Writ papers with care.

4. A mandamus is sought directing the fourth respondent to initiate the acquisition proceedings and disburse the amount of compensation. The Writ Court exercising power under Article 226 and 227 of the Constitution of India cannot direct to initiate acquisition proceedings. Hence, the relief sought by the petitioner cannot be accorded.

5. Resultantly, the Writ Petition is dismissed.

Sd/- (JYOTI MULIMANI) JUDGE

MRP,CLK List No.: 1 Sl No.: 62

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