Writ petition regarding alleged submergence of land due to canal construction. Court directed respondents to conduct a spot inspection and consider a fresh representation within three months, without deciding the merits.
Direction to respondents to consider fresh representation and conduct spot inspection within three 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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 4249 OF 2024 (LA-RES)
BETWEEN:
…PETITIONER
(BY SRI. GIRISH B BALADARE.,ADVOCATE)
AND:
Digitally signed by YAMUNA K L Location: High Court of Karnataka
HASSAN TALUK AND DISTRICT 573201
HOLENARASIPURA TALUK, HOLENARASIPURA, HASSAN DISTRICT 573201
…RESPONDENTS
(BY SRI.YOGESH D.NAIK., AGA FOR R1 TO R5.,
SRI.K.S.BHEEMAIAH., ADVOCATE FOR R6 AND R7.,)
THIS WP IS FILEDUNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE DIRECTION TO CONSIDER THE REPRESENTATION DTD 29.01.2024 GIVEN BY THE PETITIONER TO THE R-6 THAT IS THE EXECUTIVE ENGINEER, HEMAVATHI UPPER CHANNEL, NALA DIVISION, CAUVERI NIRAVARI NIGAM NIYAMITHA, GORURU, HASSAN TALUK, AND DISTRICT AS PER ANNEXURE-J AND PASS
APPROPRIATE ORDERS THEREON IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.I.ARUN
ORAL ORDER
ORDER
them. Respondent Nos.6 and 7 shall consider the representation of the petitioner in accordance with law, make the necessary spot inspection in respect of the land concerned if required and thereafter, take appropriate decision in accordance with law.
ii. The said exercise shall be concluded within a period of three months from the date of receipt of such representation from the petitioner.
Sd/(M.I.ARUN) JUDGE
CH List No.: 1 Sl No.: 40
2 issues framed by the court
Whether the petitioner's land was submerged and rendered uncultivable due to canal construction by respondents.
Whether the authorities are obligated to acquire the land or pay compensation upon confirmation of submergence.
1 provisions across 1 enactments
T.D. Rajanna Siddappa
The State of Karnataka Irrigation Department
The Deputy Commissioner Hassan District
The Special Land Acquisition Officer
Assistant Commissioner Hassan Sub Division
Tahsildar Hole Narasipura Taluk
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
