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Judgment
Ashok B. Hinchigeri
Sri Venkatesh Doddari, the learned Additional Government Advocate is directed to take notice for the respondents.
This petition is filed seeking a writ in the nature of mandamus to the respondents the respondents No.2 to initiate acquisition proceedings for acquiring the land measuring 1 acre 34 guntas at Sy.No.21 of Bookahalli Village, Booka(sic) Hobli, K.R.Pet Taluk.
The petitioner''s grievance is that, when the water level of K.R.S dam reaches the mark of 120 feet, the water would overflow and submerge the petitioner''s said lands and on account of submergence of his lands by backwater, the crops being grown by the petitioner are getting destroyed.
The compulsory acquisition of the lands falls within the eminent domain of the State. This Court, in exercise of the power under Article 226 of the Constitution of India, would not direct the Government either to acquire or not to acquire the lands, Therefore, it is for the respondents to examine the request of the petitioner meaningfully and take a decision in the matter.
With these observations, this petition stands disposed of. No order as to costs.