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CDJ 2026 Kar HC 823
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| Court : High Court of Karnataka (Circuit Bench OF Kalaburagi) |
| Case No : Writ Petition No.202477 Of 2026 (LA-RES) |
| Judges: THE HONOURABLE MR. JUSTICE S.R. KRISHNA KUMAR |
| Parties : Kasturibai Versus The State Of Karnataka, Represented By Its Principal Secretary, Department Of Water Resources, Bengaluru & Others |
| Appearing Advocates : For the Petitioner: Santosh Kumar B. Biradar, Advocate. For the Respondents: R1 to R3, Veeranagouda Malipatil, AGA, R4 to R6, Krupa Sagar Patil, Advocate. |
| Date of Judgment : 01-07-2026 |
| Head Note :- |
Constitution of India - Articles 226 & 227 -
Comparative Citation:
2026 KHC-K 4817,
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013
- Articles 226 and 227 of the Constitution of India
2. Catch Words:
- mandamus
- writ
- land acquisition
- technical inspection
- feasibility study
- time‑bound disposal
3. Summary:
The petition filed under Articles 226 and 227 sought a writ of mandamus directing the respondents to consider the petitioner’s representations dated 11‑06‑2026 and 20‑06‑2026, to halt discharge of canal water through a nearby nala, to conduct a technical inspection and feasibility study of the nala’s structural capacity, and to initiate land‑acquisition proceedings under the 2013 Act. The respondents contended that reasonable time was required to act. After hearing both sides, the Court directed the respondents to consider the representations and pass appropriate orders within three months of receipt of the order. The directions satisfy the petitioner’s principal reliefs. Consequently, the petition is disposed of.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to a) issue a writ of mandamus or any other appropriate writ, order, or direction, thereby directing the Respondent No.2, 3 and 6 to consider and dispose of the petitioners representation dated 11.06.2026 and 20.06.2026 in a time-bound manner, in accordance with law (Annexure-C and D) further to issue a direction to Respondent No.6 not to discharge canal water through the Nala in the vicinity of the petitioners land situated in Sy.No. 12/2, measuring 5 Acres 37 Guntas situated at village Tamadaddi Tq. Talikoti, Dist. Vijayapura Until completion of technical and feasibility study regarding the structural capacity of the Nala in relation to the proposed canal water diversion and thereafter till issue of formal notification of accusation of the above said land, b) issue a writ of mandamus or any other appropriate writ, order, or direction, thereby directing the Respondent No.6 to conduct a comprehensive technical inspection and feasibility study regarding the structural capacity of the Nala in relation to the proposed canal water diversion to be conducted in the present of the petitioner, c) issue a writ of mandamus, or any other appropriate writ, order, or direction thereby directing the respondents to initiate formal land acquisition proceedings in accordance with the provision of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013. and d) issue such other orders or directions as this Hon'ble Court Deems fit under the facts and circumstances of the case.)
Oral Order
1. Though the matter is posted for preliminary hearing, with the consent of both sides, the matter is taken up for final disposal and disposed of by this order.
2. In this petition, the petitioner has sought for the following reliefs:
"a) Issue a writ of mandamus or any other appropriate writ, order, or direction, thereby directing the respondent no.2, 3 and 6 to consider and dispose of the petitioners representation dated 11.06.2026 and 20.06.2026 in a time-bound manner, in accordance with law (Annexure-C and D) further to issue a direction to respondent no.6 not to discharge canal water through the Nala in the vicinity of the petitioners land situated in sy.no. 12/2, measuring 5 acres 37 guntas situated at village Tamadaddi Tq. Talikoti, Dist. Vijayapura until completion of technical and feasibility study regarding the structural capacity of the Nala in relation to the proposed canal water diversion and thereafter till issue of formal notification of accusation of the above said land,
b) Issue a writ of mandamus or any other appropriate writ, order, or direction, thereby directing the respondent no.6 to conduct a comprehensive technical inspection and feasibility study regarding the structural capacity of the Nala in relation to the proposed canal water diversion to be conducted in the present of the petitioner,
c) Issue a writ of mandamus, or any other appropriate writ, order, or direction thereby directing the respondents to initiate formal land acquisition proceedings in accordance with the provision of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013. and
d) Issue such other orders or directions as this hon'ble court deems fit under the facts and circumstances of the case"
3. Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record.
4. It is the grievance of the petitioner that his representations dated 11.06.2026 and 20.06.2026 at Annexure-C and D submitted to the respondents has not been considered so far by them nor any order has been passed on the same. Under these circumstances, the petitioner is before this Court by way of the present petition.
5. Per contra, learned counsel for the respondents submits that if reasonable time is given, they would consider and pass necessary order on the said representation.
6. In view of the aforesaid facts and circumstances and rival submissions, the respondents are hereby directed to address the grievances of the petitioner and consider his representations dated 11.06.2026 and 20.06.2026 at Annexure-C and D and pass appropriate order in accordance with law, within a period of three months from the date of receipt of a copy of this order.
7. With the aforesaid directions, the petition stands disposed of.
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