Karnataka High Court
Nagendra vs The State Of Karnataka on 12 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2026:KHC-K:2319
WP No. 200738 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 200738 OF 2026 (LA-RES)
BETWEEN:
1. NAGENDRA S/O VISHWANTH,
AGE: 53 YEARS, OCC: AGRICULTURE,
R/O KONCHAVARA,
TQ. CHINCHOLI, DIST. KALABUARGI.
2. AMBAJI S/O VISHWANTH,
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O KONCHAVARA,
TQ. CHINCHOLI, DIST. KALABUARGI.
3. SMT. SUNITABAI W/O NAGENDRA,
AGE: 44 YEARS, OCC: AGRICULTURE,
Digitally signed R/O KONCHAVARA,
by SACHIN TQ. CHINCHOLI, DIST. KALABUARGI.
Location: HIGH
COURT OF 4. SMT. GAYATRI W/O AMBAJI,
KARNATAKA AGE: 43 YEARS, OCC: AGRICULTURE,
R/O KONCHAVARA,
TQ. CHINCHOLI, DIST. KALABUARGI.
...PETITIONERS
(BY SRI MAHANTESH PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REP BY ITS PRINCIPAL SECRETARY,
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WP No. 200738 of 2026
HC-KAR
IRRIGATION DEPARTMENT
M.S. BUILDING BANGALORE-560001.
2. THE STATE OF KARNATAKA,
REP BY ITS PRINCIPAL SECRETARY,
REVENUE DEPARTMENT, VIKAS SOUDHA,
BANGALORE-560001.
3. THE DEPUTY COMMISSIONER,
KALABURAGI DISTRICT,
KALABURAGI-585101.
4. THE SPL.LAND ACQUISITION OFFICER,
SMALL AND MEDIUM IRRIGATION PROJECT,
VIKASH BHAVAN,
KALABURAGI-585105.
5. THE CHIEF EXECUTIVE ENGINEER,
SMALL AND MEDIUM IRRIGATION PROJECT,
AIWAN-E-SHAHI ROAD, KALABURAGI-585105.
...RESPONDENTS
(BY SRI SHESHADRI JAISHANKAR M., AGA )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A)
ISSUE A WRIT, DIRECTION OR ORDER IN THE NATURE OF
MANDAMUS DIRECTING THE RESPONDENTS TO PASS AND
AWARD UNDER RIGHT TO FAIR COMPENSATION AND
TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND
RESETTLEMENT ACT 2013, AS PER ENDORSEMENT DATED
NIL/7/2024 BEARING NO. VBHUSW/SANI/09/2009-10/1797 AT
ANNEXURE-J IN RESPECT OF SY NO. 204 (204/2) MEASURING
3 ACRES SITUATED AT JILVERSA VILLAGE TQ. CHINCHOLI
DIST. KALABURAGI, WITHIN A STIPULATED PERIOD AND PAY
THE COMPENSATION; B) PASS SUCH OTHER ORDERS, AS THE
PETITIONER IS ENTITLED TO IN THE FACTS AND
CIRCUMSTANCES OF THE CASE.
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WP No. 200738 of 2026
HC-KAR
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
Petitioners are before this Court in this Writ Petition filed under Articles 226 and 227 of the Constitution of India seeking for the following reliefs:
"a) Issue a writ, direction or order in the nature of mandamus directing the respondents to pass and award under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, as per endorsement dated Nil/7/2024 bearing No.VBHUSW/SANI/ 09/2009-10/1797 at Annexure-J in respect of Sy No. 204 (204/2) measuring 3 acres situated at Jilversa village Tq. Chincholi Dist. Kalaburagi, within a stipulated period and pay the compensation;
b) Pass such other orders, as the petitioner is entitled to in the facts and circumstances of the case."
2. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondents.
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3. Petitioners claim to be the absolute owners of the land bearing Sy.No.204 measuring 5 acres 1 gunta situated at Jeelvarsha, Chincholi taluk, Kalaburagi district. According to the petitioners, in the aforesaid survey number, land measuring 1 acre 27 guntas was regularized in favour of petitioner Nos.1 to 3 and saguvali chit was also issued to them. Subsequently, the revenue records of the land which was regularized in favour of petitioner Nos.1 to 3 were also mutated in their name. It appears that the aforesaid land was notified for acquisition and in the award that was passed subsequently, the petitioners were not granted any compensation on the ground that the petitioners' land was classified as phot kharab. It is under these circumstances, petitioners had approached this Court in W.P.No.201287/2022 which was allowed by this Court on 22.06.2022 and the endorsement issued to the petitioners, not awarding any compensation to them was quashed and the matter was remitted with a direction to hold enquiry and pass a fresh award.
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4. Since, the respondents had failed to comply the order passed by this Court in W.P.No.201287/2022, petitioners had filed CCC No.200187/2023 and in the said proceedings copy of the award dated 23.04.2024 was produced and a submission was made that the order passed in W.P.No.201287/2022 was complied. It is under these circumstances this Court had closed the contempt proceedings in CCC No.200187/2023.
5. Subsequently, the impugned endorsement is now issued stating that the award dated 23.04.2024 was inadvertently passed under the old Land Acquisition Act, 1894 instead of passing an award under the new act i.e., Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Though, the said endorsement vide Annexure-J is issued in the month of July, 2024, till date fresh award has not been passed and it is under these circumstances, the petitioners are once again before this Court.
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6. Petitioners had approached this Court in W.P.No.201287/2022 assailing the correctness of the endorsement dated 16.09.2014 and also the award dated 23.04.2011 passed in respect of the aforesaid land bearing Sy.No.204 measuring 3 acres situated at Jeelvarsha village, Chincholi taluk, Kalaburagi district. This Court had allowed the said writ petition and the impugned endorsement dated 16.09.2014 issued by the Special Land Acquisition Officer was quashed and the matter was remitted to the Special Land Acquisition Officer with a direction to hold an enquiry under Section 11 of the Land Acquisition Act, 1894 and thereafter pass an award in respect of the aforesaid land belonging to petitioners bearing Sy.No.204 (204/2) measuring 03 acres, as expeditiously as possible, but not later than a period of six months.
7. Undisputedly, till date, the order passed in W.P.No.201287/2022 is not complied. In the contempt proceedings that was initiated by the petitioner in CCC -7- NC: 2026:KHC-K:2319 WP No. 200738 of 2026 HC-KAR No.200187/2023, the Land Acquisition Officer had produced a copy of award dated 23.04.2024 and had submitted that the order passed in W.P.No.201287/2022 was complied. Subsequently, the said award has been now withdrawn and the impugned endorsement at Annexure-J has been issued in the month of July, 2024. However, till date, the order passed in W.P.No.201287/2022 has not been complied.
8. The respondent No.4 who has issued endorsement at Annexure-J in the month of July, 2024, is required to hold enquiry as directed in W.P.No.201287/2022 and pass a fresh award in respect of the land in question, failing which he would be guilty of committing contempt of the order passed in W.P.No.201287/2022 dated 22.06.2022.
9. Under the circumstances, I am of the opinion that respondent Nos.3 and 4 are required to be directed to pass a fresh award in terms of the endorsement at -8- NC: 2026:KHC-K:2319 WP No. 200738 of 2026 HC-KAR Annexure-J bearing No.PÀA/«¨sÀƸÁé/¸À¤Ã/09/2009-10/1797 dated Nil taking into consideration the order passed by this Court earlier in W.P.No.201287/2022. Accordingly, the following:
ORDER The writ petition is disposed of directing respondent Nos.3 and 4 to pass a fresh award in respect of the aforesaid land bearing Sy.No.204 situated at Jeelvarsha, Chincholi taluk, Kalaburagi district measuring 03 acres in terms of the endorsement at Annexure-J bearing No.PÀA/«¨sÀƸÁé/¸À¤Ã/09/2009-10/1797 dated Nil taking into consideration the order passed by this Court in W.P.No.201287/2022 dated 22.06.2022 as expeditiously as possible but not later than the period of four months from the date of receipt of copy of this order.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE SWK,SN/List No.: 1 Sl No.: 4 CT:PK