Karnataka High Court
Sri. Takappa S/O Irappa Aliyas Veerappa ... vs The Special Land Acquisition Officer on 13 October, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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WP No. 102151 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 13TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 102151 OF 2024 (GM-RES)
BETWEEN:
SRI. TAKAPPA S/O. IRAPPA @ VEERAPPA BADIGER,
AGE: 73 YEARS, OCC: RETIRED EMPLOYEE,
R/O: 92/1, WARD NO.2,
NEAR DYAMAVVA TEMPLE KILLA,
BAGALKOTE.
...PETITIONER
(BY SRI. M. S. HALLIKERI, ADVOCATE)
AND:
THE SPECIAL LAND ACQUISITION OFFICER,
UPPER KRISHNA PROJECT NAVANAGAR,
BAGALKOTE - 587 113.
...RESPONDENT
(BY SRI. V. S. KALASURMATH, AGA FOR RESPONDENT)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER,
OR DIRECTION IN THE NATURE OF CERTIORARI BY QUASHING THE
Digitally signed
by RAKESH S AWARD SIGNED ON 13.04.2007 IN LAC NO. 163/2005 BY THE
HARIHAR
Location: High DISTRICT LEGAL SERVICE AUTHORITY, BAGALKOT BEFORE THE LOK
Court of
Karnataka,
Dharwad Bench, ADALAT, BAGALKOT (IN THE COURT OF THE II ADDL. CIVIL JUDGE
Dharwad
(SN. DN.), BAGALKOT, VIDE ANNEXURE-B, IN THE INTEREST OF
JUSTICE AND EQUITY. RESTORE THE LAC NO. 163/2005 ON THE FILE
OF THE II ADDL. CIVIL JUDGE (SN. DN.), BAGALKOT, IN THE
INTEREST OF JUSTICE AND EQUITY AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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WP No. 102151 of 2024
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
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.
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
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HC-KAR
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
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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.
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
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the Lok-Adalath so as to ascertain the
identity of the persons appearing before the
Lok-Adalath.
(iv) The Additional Registrar (Judicial) is
directed to circulate a copy of this order to
all the Courts and Members of Lok-
Adalath."
8. In the light of the issue standing answered by
the Co-ordinate Bench, I deem it appropriate to dispose the
petition in the same direction that is rendered by the Co-
ordinate Bench quoted supra.
Ordered accordingly.
Sd/-
(M.NAGAPRASANNA)
JUDGE
KGK/CT-ASC
