Karnataka High Court
Ishwar Ganapati Mudhole vs The Special Land Acquisition Officer on 7 March, 2025
Author: S G Pandit
Bench: S G Pandit
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NC: 2025:KHC-D:4389-DB
MFA No.102697 of 2017
C/W MFA.CROB No.100081 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO.102697 OF 2017 (LAC)
C/W
MFA CROSS OBJ NO.100081 OF 2023 (LAC)
IN MFA NO.102697/2017:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER,
UKP, JAMKHANDI-587301.
2. THE STATE OF KARNATAKA
REP. BY THE DEPUTY COMMISSIONER,
BAGALKOT, DISTRICT-587101.
...APPELLANTS
(BY SRI. M.M. KHANNUR, AGA)
Digitally signed AND:
by V N BADIGER
Location: HIGH ISHWAR S/O GANAPATI MADHOLE
COURT OF
KARNATAKA AGE: 65 YEARS, OCC: AGRICULTURE,
MYGUR ROAD, R/O JAMAKHANDI-587301.
...RESPONDENT
(BY SRIYUTHS. K.L. PATIL AND S.S. BETURMATH, ADVOCATES)
THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND
ACQUISITION ACT 1894, PRAYING TO, SET ASIDE THE
JUDGMENT AND AWARD DATED 25.04.2016 PASSED BY THE
LEARNED ADDL. SENIOR CIVIL JUDGE, JAMKHANDI IN LAC
NO.25/2009 BY ALLOWING THIS APPEAL IN THE INTEREST OF
JUSTICE.
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NC: 2025:KHC-D:4389-DB
MFA No.102697 of 2017
C/W MFA.CROB No.100081 of 2023
IN MFA.CROB NO.100081/2023:
BETWEEN:
ISHWAR S/O GANAPATI MUDHOLE
AGE. 65 YEARS, OCC. AGRICULTURE,
R/O MYGUR ROAD, JAMAKHANDI,
DIST. BAGALKOTE 587301.
...CROSS OBJECTOR
(BY SRI. K.L. PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPAR KRISHNA PROJECT, JAMAKHANDI,
DIST. BAGALKOTE 587301.
2. THE STATE OF KARNATAKA
REP. BY THE DEPUTY COMMISSIONER
BAGALAKOTE DISTRICT
BAGALAKOTE 587101.
...RESPONDENTS
(BY SRI. M.M. KHANNUR, AGA)
THIS MFA.CROB IN MFA NO.102697/2017 FILED UNDER
ORDER 41 RULE 22 OF CPC., PRAYING TO, MODIFY THE
JUDGMENT AND AWARD DATED 25.04.2016 IN LAC
NO.25/2009, PASSED BY THE COURT OF ADDITIONAL SENIOR
CIVIL JUDGE JAMKHANDI, BY ENHANCING THE
COMPENSATION AWARDED, BY ALLOWING THIS APPEAL, IN
THE INTEREST OF JUSTICE AND EQUITY.
THE APPEAL AND THE CROSS OBJECTION, COMING ON
FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED
THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
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NC: 2025:KHC-D:4389-DB
MFA No.102697 of 2017
C/W MFA.CROB No.100081 of 2023
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
1. The present appeal and cross-objection are filed
challenging the judgment and award dated 25.04.2016 passed
in LAC No.25/2009 on the file of learned Addl. Senior Civil
Judge, Jamkhandi1.
2. It is noticed that the reference Court has rendered a
common judgment dated 25.04.2016, whereunder it has
disposed off LAC Nos.25, 26, 28 and 29 of 2009.
3. Learned counsel for the cross-objector has placed
on record a copy of the order dated 18.10.2022, passed in LAC
Appeal No.33/2019 by the learned I Addl. District and Sessions
Judge, Bagalakot, sitting at Jamkhandi, which appeal was filed
against judgment and award passed in LAC No.26/2009. The
District Court noticing that the reference Court has recorded
common evidence and disposed of all the reference
applications, vide common judgment dated 25.04.2016,
wherein the market value of the acquired land was determined
at the rate of ₹.24,37,966/- per acre excluding pot kharab, that
Hereinafter referred to as 'reference Court'
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C/W MFA.CROB No.100081 of 2023
similar lands situated in Jamkhandi Taluk, was decided in MFA
No.25373/2012, whereunder this Court recorded a finding that
the judgment of the reference Court is just and proper and
does not call for interference, rejected the appeal in LAC Appeal
No.33/2009 filed by the Beneficiary.
4. Learned counsel for the cross-objector has further
placed on record a copy of Form-C & F for having deposited the
compensation amount in LAC Nos.26 and 28 of 2009 by the
State.
5. MFA Crob No.100081/2023 is filed by the land loser
with regard to non-granting of compensation for 20 guntas of
pot kharab land. However, there is no challenge to the rate of
compensation that has been awarded. Further, there is no
specific document on record to demonstrate that the said 20
guntas of land is a pot kharab land. Hence, there is no
justification in the cross-objection by the land loser.
6. In view of the aforementioned and having regard to
the fact that the District Court has already confirmed the order
of the reference Court in LAC Appeal No.33/2019 and the State
having deposited the compensation amount in LAC No.26 and
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C/W MFA.CROB No.100081 of 2023
28 of 2009, we find no reason to favorably consider the appeal
and cross-objection.
7. In view of the above, the appeal as well as cross-
objection stand dismissed as being devoid of merit.
8. Pending applications, if any, are also disposed off as
not surviving for consideration.
Sd/-
(S G PANDIT)
JUDGE
Sd/-
(C.M. POONACHA)
JUDGE
JTR
CT:VP
