Petitioner sought mandamus to consider his representation for grant of land under a rehabilitation scheme for lands submerged by the Hemavathi Reservoir Project. The Court allowed the petition, directing the Special Land Acquisition Officer to examine eligibility, hold an enquiry into beneficiaries, and pass orders within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:39585 WP No. 25859 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.25859 OF 2024 (KLR-LG)
BETWEEN:
VENKATEGOWDA S/O LATE RANGEGOWDA AND DYAVAMMA AGED ABOUT 57 YEARS HENAVANAHALLI KAVALU KATTAYA HOBLI HASANA TALUK AND DIST PIN - 573 128
…PETITIONER
(BY SRI.H.M.GIRISHA, ADVOCATE)
AND:
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
BENGALURU- 560001
…RESPONDENTS
(BY SMT.B.P.RADHA, AGA)
NC: 2024:KHC:39585 WP No. 25859 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION DIRECTING THE R-3 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 19.06.2024 AT ANNEXURE -F SUBMITTED TO IT FOR GRANTING THE SCHEDULE PROPERTY TO HIM IN THE REHABILITATION PACKAGE IN LIEU OF HIS LOST LANDS IN HEMAVATHI RESERVOIR PROJECT WITHIN THE TIME LIMITS THAT MAY BE FIXED BY THIS HONORABLE COURT AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
Learned AGA is directed to accept notice for
respondents.
2. The captioned writ petition is filed seeking mandamus against respondent No.3 to consider
petitioner’s representation dated 19.06.2024 as per Annexure-F and grant land under rehabilitation scheme.
3. Heard learned counsel appearing for the petitioner and learned AGA.
4. The petitioner asserts that due to implementation
of the Hemavathi Reservoir Project, the petitioner’s land
bearing Sy. No.25/7 of Siddapura Village, Kundur Hobli, Alur Taluk has been submerged. The petitioner asserts that respondent No.3 has passed an award drawn in the name of his mother. The copy of the award dated 24.02.1975 along with voucher for payment of award amount to the petitioner's mother is furnished at Annexure-A. The petitioner contends that respondents – State has introduced rehabilitation scheme to compensate displaced persons by granting land under Section 15 of the Karnataka Land Revenue Act vide Notification dated 03.02.1971. The petitioner contends that after demise of
his grandparents and his mother, representation is submitted indicating that petitioner is entitled for grant of land in view of his Maternal Grand Parents having lost lands while implementation of the Hemavathi Reservoir Project.
5. Records reveal that there is inaction on the part of the respondents in deciding representation submitted by
the petitioner. Respondent No.3 is required to examine as
to whether petitioner is eligible to seek grant under the scheme.
6. Learned AGA, at this juncture, has brought to the
notice of this Court that the scheme was available only upto 2018 and the said aspect has to be looked into by the concerned Authorities and pass appropriate orders.
7. For the foregoing reasons, this Court proceeds to
pass the following;
ORDER
NC: 2024:KHC:39585 WP No. 25859 of 2024
Aunts including petitioner’s mother is beneficiary under the scheme.
SD/(SACHIN SHANKAR MAGADUM) JUDGE
NBM
List No.: 1 Sl No.: 3
2 issues framed by the court
Is the respondent obliged to consider the petitioner's representation for grant of rehabilitation land for land submerged under the Hemavathi Reservoir Project?
Is the petitioner eligible for grant given that the scheme was available only up to 2018?
2 provisions across 2 enactments
Venkategowda S/O Late Rangegowda and Dyavamma
State of Karnataka Rep. by its Principal Secretary Department of Revenue
The Deputy Commissioner Hassan
The Special Land Acquisition Officer Hemavathi Reservoir Project II
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
