Karnataka High Court
Dattatraya Alias Dattu S/O Gopal ... vs The State Of Karnataka on 12 November, 2025
Author: S G Pandit
Bench: S G Pandit
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NC: 2025:KHC-D:15422-DB
WA No. 100305 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 12TH DAY OF NOVEMBER 2025
PRESENT
THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MRS JUSTICE GEETHA K.B.
WRIT APPEAL NO. 100305 OF 2025 (LA-RES)
BETWEEN:
DATTATRAYA @ DATTU S/O. GOPAL SARMALKAR
AGE. 57 YEARS, OCC. SERVICE,
R/O. BADGUND, SUPA TALUK,
DIST. UTTARA KANNADA-581365.
...APPELLANT
(BY SRI V.M. SHEELVANT, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
Digitally signed
REPRESENTED BY PRL. SECRETARY,
by BHARATHI
HM DEPARTMENT OF REVENUE,
Location: HIGH
COURT OF BENGALURU-560001.
KARNATAKA
2. THE DEPUTY COMMISSIONER,
UTTARA KANNADA,
DIST. UTTARA KANNADA-244713.
3. THE ASSISTANT COMMISSIONER
KARWAR SUB-DIVISION,
KARWAR-581301.
4. THE SPECIAL LAND ACQUISITION OFFICER,
KALI RIVER HYDRO PROJECT,
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WA No. 100305 of 2025
HC-KAR
DANDELI, UTTAR KANNADA,
DANDELI-581325.
5. THE KARNATAKA POWER CORPORATION LIMITED,
K.P.C. SHAKTI BHAVAN,
RACE COURSE ROAD,
BENGALURU-560001.
6. THE CHIEF ENGINEER,
KARNATAKA POWER CORPORATION LIMITED,
AMBIKANAGAR,
DANDELI-581363.
7. THE CHIEF ENGINEER,
KARNATAKA POWER CORPORATION LIMITED,
GANESHGUDI, JOIDA,
GANESHGUDI-581365
...RESPONDENTS
(BY SRI ANAND ASHTEKAR, ADVOCATE FOR R5 TO R7;
SRI SHARAD V. MAGADUM, AGA FOR R1 TO R4)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961 PRAYING TO ALLOW THE APPEAL BY SETTING
ASIDE THE ORDER DATED. 10/02/2025 IN W.P.
NO.102225/2024 PASSED BY THE LEARNED SINGLE JUDGE, IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MRS JUSTICE GEETHA K.B.
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WA No. 100305 of 2025
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE S G PANDIT)
The appellant, who was the petitioner before the learned
Single Judge, is before this Court under Section 4 of the
Karnataka High Court Act, 1961 questioning the order dated
10.02.2025 in Writ Petition No.102225/2024 wherein the
petitioner's prayer to consider Annexure-D-letter dated
04.12.2023 and for a direction to the respondents to consider
Annexure-E-representation dated 12.02.2024, is rejected.
2. Heard Sri. V.M. Sheelavanth, learned counsel
appearing for the appellant/petitioner, learned AGA Sri. Sharad
V. Magadum for respondent Nos.1 to 4 and the learned counsel
Sri. Anand Ashtekar appearing for respondent Nos.5 to 7.
Perused the entire writ appeal papers.
3. The petitioner was before this Court with a prayer to
consider Annexure-D wherein the authority had forwarded the
representation of the petitioner to the Karnataka Power
Corporation Limited for examination and to issue an
endorsement. Under Annexure-E representation dated
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HC-KAR
12.02.2024, the petitioner had requested the authorities to
restore the land to the petitioner by de-notifying the land
acquired.
4. Learned counsel for the petitioner/appellant would
submit that the land in question, of the petitioner, was acquired
for establishing Kali River Hydro Project in the year 1987 and as
contended by the learned AGA, the land is not acquired for the
purpose of Supa Dam and it is not submerged, as contended by
the respondents.
5. Learned Single Judge on considering the contentions
of the parties, at paragraph 3 has observed as follows:
"3. Learned counsel appearing for respondents No.5 to 7
submits that the land of the petitioner forms part of the
backwater of the river and acts as a buffer when the water
in the dam reaches close to its capacity. The powerhouse
having been established, generators have been made
operational, if the dam reaches its capacity, then the land
of the petitioner would also be submerged, there is no
question of return of the land to the petitioner as claimed
for. The petitioner having received the compensation long
ago, the land being required for the beneficiary, it cannot
be handed over."
6. Admittedly, the acquisition of the land of the
petitioner is in the year 1987. It is also an admitted fact that the
petitioner has received the compensation in respect of the
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acquired land immediately on acquisition. The present writ
petition is filed before this Court in the year 2024 with a prayer
to consider his representation dated 12.02.2024. The
representation and the writ petition are nearly after 40 years.
The petition suffers from delay and laches. Moreover, as
observed by the learned Single Judge, the land of the petitioner
would be submerged when the Dam reaches its capacity.
7. In the light of the above, we are not inclined to
interfere with the learned Single Judge's order.
8. Accordingly, writ appeal stands rejected. As a
consequence, I.As. stand disposed of as they do not survive for
consideration.
Sd/-
(S G PANDIT)
JUDGE
Sd/-
(GEETHA K.B.)
JUDGE
kmv
CT-CMU
