Citation : 2025 Latest Caselaw 10349 Kant
Judgement Date : 18 November, 2025
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NC: 2025:KHC-D:15780
WP No. 102149 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 18TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 102149 OF 2024 (GM-RES)
BETWEEN:
SRI. VISHNU S/O MAHARUDRAPPA BADIGER
AGE 84 YEARS, OCC. RETIRED PERSON
R/O LAXMI NAGAR
BASAVAN BAGEVADI
DIST. VIJAYAPUR 586203
SINCE DECEASED R/BY HIS LR'S
1(a) SMT. PUSHPA W/O. VISHNU BADIGER
AGE: 68 YEARS, OCC: HOUSEHOLD,
R/O. LAXMI NAGAR,
BASAVAN BAGEWADI,
VIJAYAPURA-586203.
1(b) SRI. RAMKRISHNA S/O. VISHNU BADIGER
AGE: 52 YEARS, OCC:PRIVATE WORK,
R/O. J.N ROAD MADHU GLASS AND
GENERAL STORE, DANDELI (RURAL)
UTTAR KANNDA-581325.
Digitally signed by 1(c) SRI. GANAPATI S/O. VISHNU BADIGER
RAKESH S
HARIHAR AGE: 50 YEARS, OCC PRIVATE WORK,
Location: High R/O. LAXMI NAGAR, BASAVANA BAGEWADI
Court of Karnataka,
Dharwad Bench, VIJAYAPURA-586203.
Dharwad
1(d) SMT.MANJULA W/O. MANAPPA BADIGER
AGE: 39 YEARS, OCC HOUSEHOLD
R/O. 52/1, WARD NO.I,
KILLA GALLI, BAGALKOT-587101.
...PETITIONERS
(BY SRI. MRUTYUNJAYA S.HALLIKERI, ADVOCATE)
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WP No. 102149 of 2024
HC-KAR
AND:
THE SPECIAL LAND ACQUISITION OFFICER
UPPER KRISHNA PROJECT, NAVANAGAR
BAGALKOTE-587113.
...RESPONDENT
(BY SRI.T. HANUMAREDDY, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF
THE CONSTITUTION OF INDIA IS PRAYING TO:
1. ISSUE WRIT, ORDER, OR DIRECTION IN THE NATURE OF
CERTIORARI BY QUASHING THE AWARD SIGNED ON
10.04.2007 IN LAC No. 212/2002 BY THE DISTRICT LEGAL
SERVICE AUTHORITY, BAGALKOT BEFORE THE LOK ADALAT,
BAGALKOT (IN THE COURT OF THE II ADDL. CIVIL JUDGE (SN.
DN.), BAGALKOT, VIDE ANNEXURE-B, IN THE INTEREST OF
JUSTICE AND EQUITY.
2. RESTORE THE LAC NO. 212/2002 ON THE FILE OF THE HON BLE
COURT OF THE II ADDL. CIVIL JUDGE (SN. DN.), BAGALKOT,
IN THE INTEREST OF JUSTICE AND EQUITY.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioners are before this Court seeking the
following prayer:
a. Issue Writ, Order, or Direction in the nature of Certiorari by quashing the award signed on 10.04.2007 in LAC No. 212/2002 by the District
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Legal Service Authority, Bagalkot before the Lok Adalat, Bagalkot (In the Court of the II Addl. Civil Judge (sn. Dn.), Bagalkot, Vide ANNEXURE-B, in the interest of justice and equity.
b. Restore the LAC No. 212/2002 on the file of the Hon'ble Court of the II Addl. Civil Judge (sn. Dn.), Bagalkot, in the interest of justice and equity.
c. Pass such other order or directions that is deemed fit under the facts and circumstances of the case, in the interest of justice and equity.
2. The learned counsel appearing for the petitioners
submits that the issue in the lis is akin to what is decided by this
Court in Writ Petition No.102151 of 2024 disposed off on
13.10.2025, wherein this Court has held as follows:
"1. The petitioner is before this Court seeking the following prayer:
1. Issue a WRIT, Order, or Direction in the nature of Certiorari by quashing the award signed on 13.04.2007 in LAC No. 163/2005 by the District Legal Service Authority, Bagalkot before the Lok Adalat, Bagalkot (In the Court of the II Addl. Civil Judge (Sn. Dn.), Bagalkot, vide Annexure-B, in the interest of justice and equity.
2. Restore the LAC No. 163/2005 on the file of the Hon'ble Court of the II Addl. Civil Judge (Sn.
Dn.), Bagalkot, in the interest of justice and equity.
3. Pass such other order or direction that is deemed fit under the facts and circumstances of the case, in the interest of justice and equity.
2. Heard learned counsel Sri.Mrutyunjaya S.Hallikeri and the learned AGA for the respondent-State.
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3. The land of the petitioner becomes the subject matter of acquisition at the hands of the State, for the purpose of Upper Krishna Project. The issue in the lis does not pertain to the acquisition proceedings. It pertains to enhancement of compensation. It is the case of the petitioner that before the lok adalat, the compromise was entered into without his consent and in identical circumstances, for the land that is adjacent to the land of the petitioner, the Co-ordinate Bench of this Court in a judgment reported in ILR 2023 Karnataka 773 has set aside the order of compromise and remitted the matter back to the Reference Court to consider the enhancement on the merit of the matter.
6. The learned counsel for the petitioner submits that he is also similarly placed and is entitled to the same benefit as the Reference Court has enhanced compensation and the enhanced compensation is already paid to the said land loser in the judgment rendered by the Co-ordinate Bench. In that light, the petition deserves to succeed as is directed by the Co-ordinate Bench in the judgment quoted (supra). The Co-ordinate Bench has held has follows:
ORDER
1. Sri. Praveen K Uppar, Learned HCGP accepts notice for the respondent.
2. The petitioners are before this Court seeking for the following reliefs:
To set aside the order on I.A. dated 02.07.2019 in LAC No. 33/2007 passed by the II Additional Senior Civil Judge and Judicial Magistrate First Class, Bagalkot and restore the LAC No. 33/2007, in the interest of justice and equity.
3. The grievance of the petitioners is that the proceedings in LAC No. 33/2007 have been compromised before the Lok-Adalath without the consent of the petitioners inasmuch as the signatures of the petitioners are not found in the compromise petition.
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4. It is on that basis Sri. Lingaraj Maradi, Learned Counsel for the petitioners submits that the petitioners had never agreed for the compensation which had been fixed in the said proceedings and the petitioners are entitled for just and necessary compensation.
5. In any compromise which is entered into before the Lok-Adalath, it is but necessary that the signatures of the counsel as also the parties are obtained both on the joint memo as also in the order sheet. Since the same has not been done I am left with no other option but to allow the above petition by way of the following:
ORDER
(i) The civil revision petition is allowed.
Order dated 21.04.2007 passed in LAC No. 33/2007 accepting the compromise is set aside.
(ii) The Member Secretary, Karnataka State Legal Services Authority is directed to issue a circular to all the Member Secretaries across the State and to all Members of the Lok-Adalath to ensure that the signatures of both the counsel and the parties are obtained on the joint memo, as also on the order sheet.
(iii) While doing so, necessary identification papers of the parties would also be required to be taken on record by the Members of - 5 - HC-KAR NC: 2025:KHC- D:13745 WP No. 102151 of 2024 the Lok- Adalath so as to ascertain the identity of the persons appearing before the Lok- Adalath."
3. In the light of the issue standing answered by the
Co-ordinate Bench, I deem it appropriate to dispose the petition
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in the same direction that is rendered by the Coordinate Bench
quoted supra.
Ordered accordingly.
Sd/-
(M.NAGAPRASANNA) JUDGE
KGK CT:ANB
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