Karnataka High Court
Sri Lakshamappa S/O Ningappa Talakal vs The State Of Karnataka on 8 September, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2025:KHC-D:11574
WP No. 106187 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 8TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.106187 OF 2025 (KLR-RR/SUR)
BETWEEN:
1. SRI. LAKSHAMAPPA S/O. NINGAPPA TALAKAL,
AGED ABOUT 57 YEARS, OCC. TEACHER,
R/O. TIGARI VILLAGE,
TQ. AND DIST. KOPPAL-583226.
2. SRI. KRISHNAPPA S/O. NINGAPPA TALAKAL,
AGED ABOUT 48 YEARS, OCC. TEACHER,
R/O. TIGARI VILLAGE,
TQ. AND DIST. KOPPAL-583226.
...PETITIONERS
(BY SRI. S.R. HEGDE AND ASSOCIATES, ADVOCATE)
Digitally signed by
ASHPAK
KASHIMSA
MALAGALADINNI
AND:
Location: High
Court of Karnataka,
Dharwad Bench,
1. THE STATE OF KARNATAKA
Dharwad R/BY. ITS SECRETARY,
M.S. BUILDING, BANGALORE-01.
2. THE DEPUTY COMMISSIONER
KOPPAL, DIST. KOPPAL-583231.
3. THE ASSISTANT COMMISSIONER
KOPPAL, DIST. KOPPAL-583231.
4. THE TAHSILDAR
KOPPAL, DIST. KOPPAL-583231.
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NC: 2025:KHC-D:11574
WP No. 106187 of 2025
HC-KAR
5. THE DEPUTY DIRECTOR OF LAND RECORD
KOPPAL, DIST. KOPPAL-583231.
6. THE ASSISTANT DIRECTOR OF LAND RECORD
KOPPAL, DIST. KOPPAL-583231.
7. THE PANCHAYAT DEVELOPMENT OFFICER
MATTUR GRAM PANCHAYAT,
TQ. AND DIST. KOPPAL-583238.
...RESPONDENTS
(BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R6;
SRI. VIJAYKUMAR BALIGERIMATH, ADVOCATE FOR R7)
THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO; A. TO ISSUE WRIT OF
MANDAMUS DIRECTING THE RESPONDENT NO.6 TO CARRYOUT
THE SURVEY WORK AS PER THE APPLICATION DATED 28-02-
2023 MADE BY THE PETITIONER VIDE ANNEXURE-D AND TO
ISSUE REPORT TO THAT EFFECT; B. ALTERNATIVELY, IF COURT
COMES TO THE CONCLUSION THAT, THE LAND IN SY.NO.37
(OLD SY.NO.36) TO AN EXTENT OF 1 ACRE 31 GUNTAS IS
ACQUIRED FOR GOANTHANA, UNDER SUCH CIRCUMSTANCES,
ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2
TO INITIATE ACQUISITION PROCEEDINGS AND TO AWARD
COMPENSATION AND ALSO DAMAGES CAUSED TO THE
PETITIONERS BY THE ILLEGAL ACT OF THE RESPONDENT NO.7
AND TO MAKE PAYMENTS TO THE PETITIONERS; C. GRANT ANY
OTHER WRIT OR DIRECTION THAT THIS HON BLE COURT DEEMS
JUST AND PROPER IN THE CIRCUMSTANCES OF THE CASE MAY
PLEASE BE PASSED, IN THE ENDS OF JUSTICE AND EQUITY.
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NC: 2025:KHC-D:11574
WP No. 106187 of 2025
HC-KAR
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioners are before this Court seeking for the following reliefs:
a. To issue writ of mandamus directing the respondent No.6 to carryout the survey work as per the application dated 28-02-2023 made by the petitioner vide Annexure-D and to issue report to that effect.
b. Alternatively, if court comes to the conclusion that, the land in Sy.No.37 (old Sy.No.36) to an extent of 1 acre 31 guntas is acquired for goanthana, under such circumstances, issue writ of mandamus directing the respondent No.2 to initiate acquisition proceedings and to award compensation and also damages caused to the petitioners by the illegal act of the respondent No.7 and to make payments to the petitioners.
c. Grant any other writ or direction that this Hon'ble Court deems just and proper in the circumstances of the case may please be passed, in the ends of justice and equity.
2. The petitioners claim to be the owners of the land bearing Survey No.37 (old survey No.36) of Tigari Village, Koppal Taluk. An application submitted by the -4- NC: 2025:KHC-D:11574 WP No. 106187 of 2025 HC-KAR petitioners for survey of the entire land was not considered by the respondents on the ground that the portion of the land has been used as a Gounthana and as such, the survey could not be done of the entire property.
3. The revenue records indicate that the petitioners' land is situated in Survey No. 37 (old Survey No. 36); therefore, it was but required for the respondents to carry out the survey of the entire land and if any particular portion has been used for any other purpose, to mark the same and to provide reasons as to on what basis the said usage has been made. The same not having been done, I pass the following;
ORDER
i. Writ petition is allowed.
ii. A writ of mandamus is issued directing
respondent No. 6 to carryout a survey of the -5- NC: 2025:KHC-D:11574 WP No. 106187 of 2025 HC-KAR land bearing Survey No.37 (old Survey No.36) of Tigari Village, Koppal Taluk. iii. The survey shall commence at 10:30 a.m. on 22.09.2025, and a survey report to be furnished to the petitioner within three weeks thereafter.
Sd/-
(SURAJ GOVINDARAJ) JUDGE AM CT:PA List No.: 1 Sl No.: 102