Karnataka High Court
M/S. Bagalkot Cement And Industries Ltd vs Sri. Basappa S/O Sri. Veerabhadrappa ... on 28 October, 2025
Author: S G Pandit
Bench: S G Pandit
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WA No. 100608 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 28TH DAY OF OCTOBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MRS JUSTICE GEETHA K.B.
WRIT APPEAL NO. 100608 OF 2023 (LA-RES)
BETWEEN:
M/S. BAGALKOT CEMENT AND INDUSTRIES LTD.,
(ASSIGNEE OF BAGALKOT UDYOG LIMITED/
KANORIA INDUTRIES LTD.,)
AND HAVING ITS REGISTERED OFFICE AT
STADIUM HOUSE, 6TH FLOOR, BLOCK NO.1,
VEER NARIMAN ROAD, CHURCHGATE,
MUMBAI-400020.
REP. BY ITS MANAGER (LEGAL)
SHRI. ABBAS R. NIDASESHI
...APPELLANT
(BY MISS. ANUPARNA BARDOLOI, ADVOCATE FOR
SRI. S.B. HEBBALLI, ADVOCATE)
AND:
VISHAL
NINGAPPA
PATTIHAL
1. SRI. BASAPPA S/O SRI. VEERABHADRAPPA
Digitally signed by
VISHAL NINGAPPA
PATTIHAL
Location: HIGH COURT
YALAGANNAVAR
OF KARNATAKA
DHARWAD BENCH
AGE. 59 YEARS,
R/AT. SIMIKERI TQ. DIST. BAGALKOT-587103.
2. SRI. SHARANAPPA S/O TAMMANNA YALAGANNAVAR
AGE. 35 YEARS,
R/AT. SIMIKERI TQ. DIST. BAGALKOT-587103.
3. THE STATE OF KARNATAKA,
BY ITS SECRETARY,
DEPARTMENT OF REVENUE,
VIKASA SOUDHA, BENGALURU-560001.
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WA No. 100608 of 2023
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4. THE DEPUTY COMMISSIONER,
BAGALKOT-587104.
5. THE COMMISSIONER,
UPPER KRISHNA PROJECT (UKP),
NAVANAGAR,
BAGALKOT-587104.
6. THE ASSISTANT COMMISSIONER /
SPL. LAND ACQUISITION OFFICER (BTDA),
NAVANAGAR, BAGALKOT-587104.
7. THE TAHASILDAR,
TALUK & DISTRICT. BAGALKOT-587104.
...RESPONDENTS
(BY SRI. HEMANTH KUMAR L HAVARAGI, ADVOCATE FOR R1-R2;
SRI. SHARAD V. MAGADUM, AGA FOR R3-R7)
THIS WRIT APPEAL IS FILED UNDER SEC.4 OF KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO ALLOW THIS APPEAL BY
SETTING ASIDE THE IMPUGNED ORDER DATED 03.02.2023
PASSED BY THE LEARNED SINGLE JUDGE IN WP
NO.105094/2022 & ETC.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED
THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MRS JUSTICE GEETHA K.B.
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WA No. 100608 of 2023
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE S G PANDIT)
Heard the learned counsel Ms.Anuparna Bardoloi for the
learned counsel Sri. S.B. Hebballi, through VC for the
appellant, learned counsel Sri. Hemanth Kumar L Havaragi for
respondents No.1 & 2, learned AGA Sri. Sharad V Magadum
for respondents No.3 to 7. Perused the entire writ appeal
papers.
2. This writ appeal filed under Section 4 of the
Karnataka High Court Act, 1961 by a non-party to the writ
petition is directed against order dated 3.2.2023 passed in WP
No.105094/2022, whereunder the writ petition is disposed of
directing the petitioners to submit a fresh representation to
the concerned respondents and further observing that if the
representation is submitted, the respondents shall consider
the same and pass appropriate orders.
3. The petitioners, who are respondents No.1 & 2
herein, approached the writ Court in the above stated writ
petition praying for a writ of mandamus directing the
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respondents No.3 to 5 to decide the ownership of land bearing
RS No.281, measuring 6 acres 12 guntas situated at Bagalkot
village of Bagalkot Taluk & District and to give compensation
as per award to the owner of aforesaid land.
4. It is the case of the petitioners that the land in
question was acquired, but the compensation has not been
paid, as there is dispute with regard to ownership. The
learned Single Judge refusing to grant prayer sought by the
petitioners, disposed of the writ petition with an observation
that the petitioners to submit a fresh representation to the
concerned respondents and the respondents to consider the
same and pass appropriate orders.
5. The appellant herein claims that the land in
question was acquired by the State for the benefit of the
appellant. It is also submitted that the appellant has already
deposited the compensation amount with the government and
the appellant is in possession of the land in question. The
learned counsel for the appellant addressed several grounds
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including the non-joinder of the appellant as party to the writ
proceedings.
6. On hearing the learned counsel for the parties and
on perusal of the impugned order under appeal, we are of the
considered opinion that no adverse order affecting any of the
rights of the appellant is passed by the learned Single Judge in
the order under appeal. The learned Single Judge has only
permitted the petitioners to submit a fresh representation with
an observation that the respondents shall consider the same
and pass appropriate orders in accordance with law. Since the
appellant claims that the land in question was acquired for the
benefit of the appellant and the possession has been handed
over to the appellant, we deem it appropriate that the
appellant shall also be given an opportunity to submit a
representation to the concerned authorities i.e. respondent
No.4/Deputy Commissioner, Bagalakot, within two weeks from
today. The Deputy Commissioner, Bagalakot while considering
the representation of the petitioners shall also consider the
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representation of the appellant herein and pass appropriate
orders, as directed by the learned Single Judge.
7. With the above observation, the writ appeal stands
disposed of.
Pending applications, if any, are disposed of as not
surviving for consideration.
Sd/-
(S G PANDIT)
JUDGE
Sd/-
(GEETHA K.B.)
JUDGE
JTR,
CT:VP
