[Cites 15, Cited by 0]

Karnataka High Court

Mallikarjun S Sankannavar vs The State Of Karnataka on 2 February, 2026

                                                        -1-
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                                                                  WP No. 109908 of 2025
                                                              C/W WP No. 100356 of 2026

                            HC-KAR



                                 IN THE HIGH COURT OF KARNATAKA AT DHARWAD
                                     DATED THIS THE 2ND DAY OF FEBRUARY, 2026
                                                      BEFORE
                                      THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
                                     WRIT PETITION NO. 109908 OF 2025 (LA-RES)
                                                       C/W
                                     WRIT PETITION NO. 100356 OF 2026 (LA-RES)


                            IN WP NO. 109908/2025
                            BETWEEN:
                            1.   MALLIKARJUN S. SANKANNAVAR,
                                 AGE: 52 YEARS, OCC: BUSINESS,
                                 R/O. MAIN ROAD, BYADAGI,
                                 DIST: HAVERI.

                            2.   SRI. RAJAPPA S/O. SHESHAPPA JADHAV,
                                 AGE: 65 YEARS, OCC: BUSINESS,
                                 R/O: MAIN ROAD BYADAGI,
                                 TQ: BYADAGI, DIST: HAVERI.

                            3.   SRI. MOHAMMEDRAFIQ
MANJANNA                         S/O. SAIDUSAB YADAWAD,
E                                AGE: 55 YEARS, OCC: BUSINESS,
                                 R/O: MAIN ROAD BYADAGI,
Digitally signed by
MANJANNA E                       TQ: BYADAGI, DIST: HAVERI.
Location: HIGH COURT
OF KARNATAKA
DHARWAD BENCH
Date: 2026.02.05 11:01:15
+0530                       4.   SRI. PUTTNINGAPPA
                                 S/O. BASAPPA CHALAVADI,
                                 AGE: 54 YEARS, OCC: BUSINESS,
                                 R/O: MAIN ROAD BYADAGI,
                                 TQ: BYADAGI, DIST: HAVERI.

                            5.   SMT. VIJAYALAXMI HEDIYAL,
                                 AGE: 50 YEARS, OCC: BUSINESS,
                                 R/O: MAIN ROAD BYADAGI,
                                 TQ: BYADAGI, DIST: HAVERI.
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6.    MRUTHUNJAYA H. HEDIYAL,
      AGE: 40 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.

7.    SRI. MAHANTGOUDA
      S/O. LINGANAGOUDA PATIL,
      AGED ABOUT 48 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

8.    SRI. MANGALSING
      S/O. PUKARAJSING RAJPUROHIT,
      AGE: 52 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

9.     SRI. MALATESH GANAPATEPPA UMAPATHI,
       AGED ABOUT 56 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

10.   SRI. VEERAPPA
      S/O. SHANKARAPPA YELI,
      AGED ABOUT 50 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

11.   SMT. SHANATABAI
      W/O. VANECHAND JAIN,
      AGE: 65 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

12.   SRI. VANECHAND K. JAIN,
      AGE: 72 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

13.   SRI. SANJYAKUMAR V. JAIN,
      AGE: 45 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
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                                   C/W WP No. 100356 of 2026

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      TQ: BYADAGI, DIST: HAVERI.

14.   SRI. VIJAYAKUMAR
      S/O. CHANNABASAPPA YELI,
      AGE: 55 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

15.   SRI. MANJUNATH
      S/O. SUBBARAYA RAIKAR,
      AGE: 62 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

16.   KAVITA H. ANAVERI,
      AGE: 48 YEARS, OCC: HOUSEHOLD WORK,
      R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.

17.   SRI. SHRIMANTH SULEMANAPPA BAGALKOT,
      AGED ABOUT 44 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD, BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

18.   SRI. ABDULKHADAR
      S/O. AHAMMADSAB ATTAR,
      AGED ABOUT 55 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

19.   SRI. MANJUNATH
      S/O. BIKKAPPA KUDATARKAR,
      AGE: 50 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

20.   SRI. SANJAYKUMAR
      S/O. PARASMAL JAIN,
      AGE: 45 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.
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21.   SRI. IMTIYAZ
      S/O. PATTEAHAMAD PATTESABANAVAR,
      AGE: 46 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

22.   SRI. GOPALKRISHNA
      S/O. GANGAPPA SHETTRA,
      AGE: 60 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

23.    SRI. VISHWANATH
      S/O. KOTTRAPPA ANKALAKOTI,
       AGE: 55 YEARS, OCC: BUSINESS,
       R/O: MAIN ROAD BYADAGI,
       TQ: BYADAGI, DIST: HAVERI.

24.   SIDDALINGAPPA C .GOKAVI,
      AGE: 55 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD, BYADAGI,
      DIST: HAVERI.

25.   SRI. SHANKARAPPA
      S/O. NARAYANAPPA BONDAMMANAVAR,
      AGE: 45 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

26.    SRI. KOTTRAPPA
      S/O. SHIVAPPA ANKALAKOTI,
       AGE: 58 YEARS, OCC: BUSINESS,
       R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

27.   SRI. UMESH S/O. TECKCHAND JAIN,
      AGE: 54 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.
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28.   ASHOK JAIN,
      AGE: 72 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD, BYADAGI,
      DIST: HAVERI.

29.    SRI. CHANDRASHEKHAR
      S/O. IRABASAPPA SADALAGI,
       AGE: 73 YEARS, OCC: BUSINESS,
       R/O: MAIN ROAD BYADAGI,
       TQ: BYADAGI, DIST: HAVERI.

30.   SRI. UMESH
      S/O. KAMALAKAR VERNEKAR,
      AGE: 48 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

31.   SRI. HARISH
      S/O. VEERBHADRAYYA AARADHYAMATH,
      AGE: 32 YEARS, OCC: SERVICE,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

32.   SRI. SANKAPPA
      S/O. GUDDAPPA MUDDANNAVAR,
      AGE: 75 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

33.   GIRIJAVVA M. JOLAD,
      AGE: 40 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD, BYADAGI,
      DIST: HAVERI.

34.   SRI. NINGAPPA
      S/O. RAMANNA JADHAV,
      AGE: 57 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.
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35.   SRI. KOTRABASAPPA
      S/O. SHIVAPPA KOPPAD,
      AGE: 65 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

36.   SRI. MUSHTAPASHA
      S/O. BASHEERAHAMMAD MAKANDAR,
      AGE: 40 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

37.   SRI. SHIVAPPA
      S/O. SUGEERAPPA SHETTAR,
      AGE: 83 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

38.   SMT. KAVITA
      W/O. SUGEERAPPA SHETTAR,
      AGE: 50 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

39.   SHIVANAGAPPA
      S/O. SHIVALINGAPPA HOSANGADI
      DIED BY HIS LRS
      NAGARTNAMMA
      W/O. SHIVANAGAPPA HOSANGADI,
      AGE: 64 YEARS, OCC: HOUSE HOLD,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

40.   SMT. MAHADEVAMMA
      W/O. MURIGEPPA HOSANGADI,
      AGE: 64 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.
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41.   SRI. FAKKIRAPPA
      S/O. SANNAGIRIEPPA DASAR,
      AGED ABOUT 60 YEARS, OCC: COOLIE,
      R/O. MAIN ROAD, BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

42.   SRI. NARAYANAPPA
      S/O. SANNAGIRIEPPA DASAR,
      AGED ABOUT 65 YEARS, OCC: BUSINESS,
      R/O: SRI. LAXMI NARAYAN BAKERY,
      MAIN ROAD, BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

43.   SRI. PANDURANG
      S/O. SHIVAYYA KUPPA,
      AGED ABOUT 65 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD, BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

44.   FAKARUSAB P. DODDAMANI,
      AGE: 70 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD, BYADAGI,
      DIST: HAVERI.

45.    SRI. BASAVARAJ
      S/O. SURENDRAPPA KUBASAD,
       AGE: 55 YEARS, OCC: BUSINESS,
       R/O: MAIN ROAD BYADAGI,
       TQ: BYADAGI, DIST: HAVERI.

46.   SHREE BEERESHWAR PANCH SAMITI
      R/BY ITS PRESIDENT
      CHIKKAPPA S/O. GUDDAPPA HADIMANI,
      AGE: 72 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

47.   PRAKASH J. SHIRAWADKAR,
      AGE: 37 YEARS, OCC; BUSINESS,
      R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.
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48.   MOHANDAS J. SHIRAWADAKAR,
      AGE: 34 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.

49.   SRI. SHIVAYOGI
      S/O. DYAVAPPA HOSAMANI,
      AGE: 43 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

50.    SRI. PARASHURAM
      S/O. LAXMINARAYAN MELAGIRI,
       AGE: 54 YEARS, OCC: BUSINESS,
       R/O: MAIN ROAD BYADAGI,
       TQ: BYADAGI, DIST: HAVERI.

51.   SMT. GOURAMMA
      D/O. GANGADHAR TILAVALLI,
      AGE: 38 YEARS, OCC: PRIVATE JOB,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

52.   SRI. SANTOSHGOUDA
      S/O. VEEPAKSHAGOUDA CHANNAGOUDAR,
      AGE: 40 YEARS, OCC: SERVICE,
      R/O: MAIN ROAD BYADAGI.
      TQ: BYADAGI, DIST: HAVERI.

53.   SMT. RADHABAI
      W/O. IRANNA MAGALAD,
      AGE: 58 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

54.   SRI. RAMACHANDRA
      S/O. NARAYANAPPA AGADI,
      AGE: 68 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.
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55.   SRI .DANAPPA
      S/O. MALLIKARJUNAPPA KABBUR,
      AGE: 50 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

56.   SUBHASHA G. AGADI,
      AGE: 60 YEARS, OCC: BUSINESS,
      R/O MAIN ROAD, BYADAGI,
      DIST: HAVERI.

57.   SRI. GNYANESHWAR
      S/O. VITTAL GANACHARI,
      AGED ABOUT 44 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

58.   SRI. CHANDRASHEKHARAPPA
      S/O. BASATTEPPA GADAD,
      AGE: 72 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

59.   SMT. PARVATEVVA
      W/O. CHANDRASHEKHARAPPA GADAD,
      AGE: 66 YEARS, OCC: HOUSEWIFE,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

60.   SRI. KRISHNAPPA
      S/O. GANESHEPPA ANCHATAGERI,
      AGE: 65 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

61.   SRI. VARDICHANDA
      S/O. KEVALACHAND JAIN,
      SINCE DIED BY LR'S
      TEERATH JAIN
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      AGED ABOUT 35 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

62.   AMBALAL T. JAIN,
      AGE: 55 YEARS, OCC: BUSINESS,
      R/O MAIN ROAD, BYADAGI,
      DIST: HAVERI.

63.   SMT. LALITA
      W/O. MALLIKARJUN VEERANAGOUDAR,
      AGE: 65 YEARS, OCC:HOUSEHOLD,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

64.   SHASHIDHAR G. TILAAVALLI,
      AGE: 38 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.

65.   SRI. IRAPPA
      S/O. DUNDAPPA YERESIMI,
      AGE: 54 YEARS,
      OCC: BUSINESS/ AGRICULTURIST,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

66.   SRI. RAGHAVENDRA
      S/O. MANOHAR RATTIHALLI,
      AGE: 46 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

67.   SRI. MANOHAR
      S/O. KESHAPPA RATTIHALLI,
      AGE: 68 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

68.   GIRISH K. SHINDE,
      AGE: 49 YEARS, OCC: BUSINESS,
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      R/O: MAIN ROAD, BYADAGI,
      DIST: HAVERI.

69.   SRI. UMESH
      S/O. PANDURANG VERNEKAR,
      AGE: 45 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

70.   SRI. SURESH
      S/O. LAXMINARAYAN MELAGIRI,
      AGE: 55 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

71.   SRI. BASAVARAJ
      S/O. DYAMAPPA UDDYOGANNAVAR,
      AGE: 56 YEARS,
      OCC: BUSINESS/AGRICULTURIST,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

72.   RADHAKRISHNA G. RATTIHALLI,
      AGE: 75 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.

73.   SRI. GANAPATI
      S/O. PANDURANG VERNEKAR,
      AGE: 62 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

74.   SRI. DATTATREYA
      S/O. PANDURANG VERNEKAR,
      AGE: 47 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

75.   SRI. SHIVAKUMAR
      S/O. VEERAPPA HOSALLI,
      AGE: 52 YEARS, OCC: DOCTOR,
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      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

76.   SRI. IRANNA
      S/O. PANCHAPPA KATTI,
      AGE: 68 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

77.   SMT. RADHA
      D/O. YELLAPPA HANAGI,
      AGE: 47 YEARS, OCC: SERVICE,
      R/O: MAIN ROAD BYADAGI,
      TQ: BYADAGI, DIST: HAVERI.

78.   PRAKASH M. JAIN,
      AGE: 72 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.

79.   LAXMIKANTH N. RATTIHALLI,
      AGE: 70 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.

80.   SRI. SHAMBULINGAPPA
      S/O. DADDABASAPPA SHIRUR,
      AGE: 72 YEARS, OCC: BUSINESS,
       R/O: MAIN ROAD BYADAGI,
       TQ: BYADAGI, DIST: HAVERI.

81.   SHIVAYOGEPPA H. WALISHETTAR,
      AGE: 65 YEARS, OCC: BUSINESS,
      R/O: MAIN ROAD, BYADAGI DIST: HAVERI.

82.   MUREGEPPA B. KABBUR,
      AGE: MAJOR, OCC: BUSINESS,
       R/O: MAIN ROAD, BYADAGI,
      DIST: HAVERI.

83.   BEEN B. SHETTAR,
      AGE: MAJOR, OCC: BUSINESS,
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       R/O: MAIN ROAD, BYADAGI,
       DIST: HAVERI.

84.    KAILASHNATH V. ARADHYAMATH,
       AGE: 65 YEARS, OCC: BUSINESS,
       R/O: MAIN ROAD, BYADAGI.

85.    SMT. ANNAPOORNAMMA
       W/O. SHIVANANDDAYYA KATTIGIHALLIMATH,
       AGE: 68 YEARS, OCC: BUSINESS,
       R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.

86.    NEHA
       W/O. MURAGESH NELAVIGI,
       AGE: 50 YEARS, OCC: BUSINESS,
       R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.
                                                   ...PETITIONERS
(BY SRI. LINGRAJ MARADI, ADVOCATE)


AND:
1.    THE STATE OF KARNATAKA,
      REPRESENTED BY ITS SECRETARY,
      REVENUE DEPARTMENT
      (LAND ACQUISITION 1 AND 3)
      M.S. BUILDING, BANGALORE-560 001.

2.    THE STATE OF KARNATAKA,
      REPRESENTED BY UNDER SECRETARY TO GOVT.,
      DEPARTMENT OF PUBLIC WORKS,
      FORTS AND INLAND WATER TRANSPORT,
      VIKASA SOUDHA, BENGALURU-560001.

3.    THE STATE OF KARNATAKA,
      REPRESENTED BY UNDER SECRETARY TO GOVT.,
      REVENUE DEPARTMENT
      (LAND ACQUISITION 1 AND 3)
      M.S. BUILDING, BANGALORE-560001.

4.    THE DEPUTY COMMISSIONER,
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     HAVERI, DISTRICT HAVERI- 581110.

5.   THE CHIEF ENGINEER,
     DEPARTMENT OF COMMUNICATION
     AND BUILDING (NORTH)
     SIR M. VISHVESHWARYA MARGH,
     DHARWAD-580001.

6.   SUPERINTENDING ENGINEER,
     DEPARTMENT OF PUBLIC WORKS,
     FORTS AND INLAND WATER TRANSPORT,
     CIRCLE DHARWAD,
     TQ AND DIST: DHARWAD-580001.

7.   THE CHIEF ENGINEER,
     PUBLIC WORKS DEPARTMENT C & B SOUTH,
     K R CIRCLE, BENGALURU,
     TQ AND DIST: BENGALURU.

8.   THE EXECUTIVE ENGINEER,
     DEPARTMENT OF PUBLIC WORKS,
     FORTS AND INLAND WATER TRANSPORT,
     DIVISION HAVERI,
     TQ AND DIST: HAVERI-581110.

9.   THE ASSISTANT COMMISSIONER
     AND LAND ACQUISITION OFFICER,
     HAVERI SUB-DIVISION,
     TQ AND DIST: HAVERI-581110.

10. THE ASSISTANT EXECUTIVE ENGINEER
    PUBLIC WORKS DEPARTMENT,
    HAVERI SUB-DIVISION,
    TQ AND DIST: HAVERI.

11. THE TAHSILDAR,
    BYADAGI, TAHSILDAR OFFICE,
    BYADAGI- 581106.

12. VARTAKARA SANGHA, BYADAGI,
    APMC YARD, BYADAGI, TQ: BYADAGI,
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     DIST: HAVERI,
     R/P BY ITS PRESIDENT,
     SURESH B. PATIL,
     AGE: 76 YEARS, OCC: BUSINESS,
     R/O. BYADAGI, TQ: BYADAGI,
     DIST: HAVERI.

13. VARTAKARA SANGHA, BYADAGI,
    APMC YARD, BYADAGI, TQ: BYADAGI,
    DIST: HAVERI,
    R/P BY ITS HONORARY SECRETARY,
    VEERABHADRAPPA MORIGERI
    AGE: 57 YEARS, OCC: BUSINESS,
    R/O. BYADAGI, TQ: BYADAGI, DIST: HAVERI.

                                                 ...RESPONDENTS
(BY SRI. GANGADHAR J.M. AAG AND
    SRI. PRAVEEN K. UPPAR, AGA FOR R1 TO R11;
    SRI. F.V. PATIL, ADVOCATE FOR
    PROPOSED RESPONDENTS NO.12 & 13)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI QUASHING THE FINAL NOTIFICATION
UNDER SECTION 19(1) OF THE RFCTLARR ACT 2013 BEARING
NO.RD.03 AQD 2023 DATED 29.09.2025 UNDER SECTION 11 (1) OF
THE LA ACT 2013 FOR ACQUISITION OF THE PETITIONERS
SCHEDULE PROPERTIES VIDE ANNEXURE-J ISSUED BY THE
RESPONDENT NO.4. REGARDING PETITIONERS LANDS ARE
CONCERNED AND ETC:


IN WP NO. 100356/2026
BETWEEN:
1.   SRI. CHETAN
     S/O. MAHANTAPPA KABBUR,
     AGE: 45 YEARS, OCC: BUSINESS,
     R/O. MAIN ROAD BYADAGI,
     TALUK: BYADAGI, DISTRICT: HAVERI.

2.   SMT. SHASHIKALA
     W/O. MAHANTAPPA KABBUR,
     AGE: 62 YEARS, OCC: HOUSEHOLD WORK,
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                                         WP No. 109908 of 2025
                                     C/W WP No. 100356 of 2026

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     R/O. MAIN ROAD BYADAGI,
     TALUK: BYADAGI, DISTRICT: HAVERI.

3.   SRI. MURAGEPPA
     S/O. HUCHHAPPA SHETTAR,
     AGE: 70 YEARS, OCC: BUSINESS,
     R/O. MAIN ROAD BYADAGI,
     TALUK: BYADAGI, DISTRICT: HAVERI.

4.   SRI JAYADEVAPPA
     S/O. HUCHHAPPA SHETTAR,
     AGE: 68 YEARS, OCC: BUSINESS,
     R/O. MAIN ROAD BYADAGI,
     TALUK: BYADAGI, DISTRICT: HAVERI.
                                               ...PETITIONERS
(BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE)

AND:
1.   THE STATE OF KARNATAKA,
     REPRESENTED BY ITS SECRETARY,
     REVENUE DEPARTMENT
     (LAND ACQUISITION 1 AND 3)
     M.S. BUILDING, BANGALORE-560 001.

2.   THE STATE OF KARNATAKA,
     REPRESENTED BY UNDER SECRETARY TO GOVT.,
     DEPARTMENT OF PUBLIC WORKS,
     FORTS AND INLAND WATER TRANSPORT,
     VIKASA SOUDHA, BENGALURU-560001.

3.   THE STATE OF KARNATAKA,
     REPRESENTED BY UNDER SECRETARY,
     REVENUE DEPARTMENT
     (LAND ACQUISITION 1 AND 3)
     M.S. BUILDING, BANGALORE-560001.

4.   THE DEPUTY COMMISSIONER,
     HAVERI, DISTRICT HAVERI- 581110.

5.   THE CHIEF ENGINEER,
                              - 17 -
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                                          WP No. 109908 of 2025
                                      C/W WP No. 100356 of 2026

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      DEPARTMENT OF COMMUNICATION
      AND BUILDING (NORTH)
      SIR M. VISHVESHWARYA MARGH,
      DHARWAD-580001.

6.    THE SUPERINTENDING ENGINEER,
      DEPARTMENT OF PUBLIC WORKS,
      FORTS AND INLAND WATER TRANSPORT,
      CIRCLE DHARWAD, DIST: DHARWAD-580001.

7.    THE CHIEF ENGINEER,
      PUBLIC WORKS DEPARTMENT C & B SOUTH,
      KR CIRCLE, BENGALURU,
      TQ AND DIST: BENGALURU.

8.    THE EXECUTIVE ENGINEER,
      DEPARTMENT OF PUBLIC WORKS,
      FORTS AND INLAND WATER TRANSPORT,
      DIVISION HAVERI, TALUK: HAVERI,
      DIST: HAVERI-581110.

9.    THE ASSISTANT COMMISSIONER
      AND LAND ACQUISITION OFFICER,
      HAVERI SUB-DIVISION,
      TALUK: HAVERI, DIST: HAVERI-581110.

10.   THE ASSISTANT EXECUTIVE ENGINEER
      PUBLIC WORKS DEPARTMENT,
      HAVERI SUB-DIVISION,
      TALUK: HAVERI, DIST: HAVERI-581110.

11.   THE TAHSILDAR,
      BYADAGI, TAHSILDAR OFFICE,
      BYADAGI- 581106, DIST: HAVERI.
                                              ...RESPONDENTS
(BY SRI. GANGADHAR J.M. AAG AND
    SRI. PRAVEEN K. UPPAR, AGA)

    THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
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                                         WP No. 109908 of 2025
                                     C/W WP No. 100356 of 2026

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WRIT IN THE NATURE OF CERTIORARI QUASHING THE FINAL
NOTIFICATION ON 29/09/2025 IN BEARING NO. RD 03 AQD
2023 PASSED BY THE 3RD RESPONDENT IS PRODUCED AND
MARKED AT ANNEXURE-M. IN THE INTEREST OF JUSTICE AND
EQUITY IN SO FAR AS PETITIONER ARE CONCERNED ISSUE A
WRIT IN THE NATURE OF MANDAMUS DIRECTING THE
RESPONDENTS NOT TO TAKE ANY COERCIVE STEPS AGAINST
THE PETITIONERS AND ETC.

      THESE WRIT PETITIONS ARE COMING ON FOR ORDER THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM:     HON'BLE MRS JUSTICE K.S.HEMALEKHA

                        ORAL ORDER

1. With consent of learned counsel appearing for both

the parties, the writ petitions are taken up together

and are disposed of by a common order.

2. The petitioners, who are the owners of

shops/residential properties situated abutting State

Highway No.136, Gajendragad-Sorab Road (At

Byadagi town), have sought to quash the acquisition

proceedings including the final notification issued

under Section 19 of the Right to Fair Compensation

and Transparency in Land Acquisition, Rehabilitation

and Re-settlement Act, 2013 ('Act, 2013' for short).

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3. Learned counsel for the petitioners submits that they

are not opposed to acquisition per-se or to the

widening of State Highway No.136. Their grievance is

confined to the manner in which the acquisitions

proceedings have been conducted, allegedly in

violation of the mandatory safeguards under the Act,

2013. It is contended that the final notification issued

under Section 19 of the Act, 2013 is liable to be

quashed, as the statutory preconditions preceding

such declaration have not been satisfied in letter and

spirit.

4. Sri. Shivraj Mudhol, learned appearing for the

petitioners in W.P.No.100356/2026 in addition,

places reliance on Sections 15, 16 and 17 of the Act,

2013 and submits that:

i. Objections filed by the petitioners were not

meaningfully considered.

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ii. The authorities failed to examine the feasibility

of alternative Government vacant land, though

specifically pointed out by the petitioners.

iii. The statutory enquiry contemplated under

Section 15 was reduced to an empty formality.

5. It is urged that the scheme of Sections 15 to 17 of

the Act, 2013 mandates a genuine application of

mind by the Land Acquisition Officer, especially when

objections relate to displacement of livelihood and

existence of available alternatives which has not

been adhered to. Though Section 31A has been

invoked for passing lump sum award, the petitioners

contend that invocation is mechanical and

consequential to an invalid acquisition, and therefore

cannot cure foundational defects in the acquisition

proceedings.

6. Learned counsel for the petitioners places reliance on

the on Estate Officer, Haryana Urban

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Development Authority and Others Vs. Nirmala

Devi1 (Nirmala Devi) to contend that when the land

is acquired for any public purpose, the person whose

land is taken away is entitled to appropriate

compensation in compensation with the settled

principles of law. The scheme of rehabilitation under

Section 31A of Act, 2013 had to be applied.

7. Per contra, learned AAG for the respondent-State

submits that the acquisition is strictly in accordance

with the statutory scheme. He submits that the

acquisition proceedings was in strict compliance with

the scheme of Act 2013 particularly i) Chapter II of

Section 4, ii) Chapter III and iii) Chapter III-A

(Section 10A,) iv) Chapter V, culminating in issuance

of a preliminary notification consideration of

objections and issuance of final notification under

Section 19.

Civil.Appeal.No.7707/2025 D.D 14.07.2025

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8. Chapter II Section 4 of the Act, he submits that

Section 4 forms foundational step in the acquisition

process and that in the present case, the statutory

framework contemplated under Chapter II stands

complied with subject to the permissible exceptions.

He further submits that Chapter III regulates

acquisition of irrigated, multicrop and agricultural

land ensuring that such acquisition is restricted and

balanced by safeguard and submits that Chapter III

does not prohibit acquisition but only regulates it and

the acquisition in question, does not offend the

protective intent underlying this Chapter. He further

submits that the present project being a road-

highway infrastructure project squarely covers falls

within Chapter III-A (Section 10A). A valid exemption

has been granted and consequently the petitioners

cannot insist upon full compliance with the provisions

that stand statutorily exempted.

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9. Further, submits that the objections were invited and

considered in accordance with Chapter V. The statute

does not mandate the acceptance of objections, but

only due consideration and mere dissatisfaction with

the outcome does not vitiate the acquisition and he

submits that when statutory scheme is read

holistically, the acquisition progressed through

foundational framework, regulatory safeguards, the

permissible exemptions and the objection hearing

mechanism culminating in issuance of final

notification under Section 19 and passing of the

award under Section 31A. Accordingly, submits that

the acquisition is in strict conformity with the scheme

of Act, 2013.

10. Learned AAG submits that the award has already

been passed under Section 31A, which contains a

non-obstante clause. Further the constitutional

validity of Section 31A has not been questioned by

the petitioners. Further, the several petitioners have

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accepted part from the compensation thereby

disentitling them from challenging the acquisition.

Reliance is placed on Rule 34 of the Karnataka Right

to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Rules,

2015, contending that once exemption provision

applies, the procedural rigor complained of by the

petitioner does not survive.

11. Reliance is placed on the following decisions:

i. Jigarbhai Amrathbai Patel Vs. State of

Gujarat2 (Jigarbhai), wherein Sections 10A and

31A were upheld

ii. State of Gujarat Vs. Musamigan Imam

Haider Bux Razv and Another3 (Musamigan),

on the scope of judicial review in acquisition

matter.

2019 SCC Online Guj 6988

(1976) 3 SCC 536

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iii. Merugu Narsaiah and Others Vs. State of

Telangana rep. by its Princiapl Secretary

and Others4 (Merugu Narsaiah) reiterating that

the Court should not interfere once the

acquisition proceedings are completed except

on patent illegality.

12. It is argued that policy decisions relating to

alignment with the frauds and feasibility fall within

the executive domain and cannot be substituted by

judicial opinion.

13. Learned counsel for the impleading applicants

contend that they are direct stakeholders and

beneficiaries of the road widening projects which

impact trade, transport, safety and public access in

Byadagi town. It is submitted that the writ petitions,

if allowed would adversely affect commercial activity,

public infrastructure and therefore applicants'

presence is necessary for complete and effective

2020 SCC Online TS 536

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adjudication. It is submitted that the acquisition is

undertaken for larger public purpose and objections

seeking alteration of alignment or abandonment of

the project cannot override public interest.

14. Having heard the learned counsel on both sides, the

point that arises for consideration is:

"Whether the petitioners have made out a case for interference with the acquisition proceedings culminating in a final notification issued under Section 19 of Act, 2013?"

15. The acquisition in question is for widening of State

Highway No.136, a vital arterial road passing through

a densely populated and commercially active area.

The material on record demonstrates that the project

is intended to decongest traffic, improve road safety,

ensure smoother movement of goods and services,

and facilitate public services and public accesses.

Such objectives clearly fall within the ambit of a

larger public purpose under Act, 2013 Act.

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16. Infrastructure projects relating to roads and

highways stand on a distinct footing. They are

undertaken not for the benefit of a few individuals

but the collective benefit of the public at large

including commuters, traders, emergency services

and general populace. Any delay or obstruction in

execution of such process has a cascading adverse

impact on public interest. The Court cannot lose sight

of the fact that planning, alignment, width and

execution of highways involve technical and policy

consideration. Chapter II of the Act, 2013,

particularly Section 4, provides the foundational basis

for initiation of acquisition proceedings, subject to

exemption permissible under the Act. Chapter III

envisages that the acquisition does not offend the

regulatory safeguards which are intended to balance

competing interests while permitting acquisition for

legitimate public purpose.

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17. As stated supra, the project in question, being a

road-highway infra project, falls within the ambit of

Chapter III-A of Act, 2013 and the invocation of

Section 10A, granting exemption for certain

procedural requirements is found to be statutorily

permissible. The validity of Section 10A has not been

specifically assailed before this Court. Chapter V

relates to hearing and consideration of objections.

The grievance of the petitioners is that the objections

have not been adhered to. The statute mandates

consideration of objection, but does not confer a right

to have such objections accepted. Mere disagreement

with the outcome does not vitiate the acquisition. The

acquisition has been culminated in issuance of final

notification under Section 19, followed by the passing

of award under Section 31A.

18. Section 31A of Act, 2013 contains a non-obstante

clause, and its validity has neither been questioned

nor shown to be unconstitutional. Reliance on the

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decision of Nirmala Devi's is distinguishable. The

Apex Court in Nirmala Devi's case has held that if

the land is required for any public purpose, law

permits the Government or any instrumentality of

Government to acquire in accordance with the

provision of the Land Acquisition Act or any other

State Act enacted for the purpose of acquisition. It is

only in the rarest of rare cases that the Government

may consider floating any scheme for rehabilitation

of the displaced person over and above paying them

compensation in terms of money.

19. Thus making it clear that Section 31A permits

payment of compensation and scheme of

rehabilitation can be floated by the Government only

in rarest of rarest cases. In the present case, the

petitioners have not placed any material to show that

they fall under the rarest of rare cases for the

Government to consider floating in scheme for

rehabilitation of the displaced persons.

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20. It is also stated that some of the petitioners have

participated in award proceedings and accepted part

compensation. Be that as it may, this Court further

finds that the acquisition is for the larger public

purpose namely widening of the State Highway,

which subserve public safety, traffic deconsumption

and improved connectivity. Infrastructure projects of

this nature are undertaken in overriding public

interest and the scope of judicial review in such

matter is necessarily limited. The plea relating to

availability of an alternative alignment essentially

calls for substitution of the Court's opinion in place of

that of the competent authority on matters involving

technical and policy consideration, which is

impermissible in exercise of writ jurisdiction.

21. The Apex Court in the case of Musamigan, has held

at paragraph No.3 has under:

"3. Although two important points were raised in the aforesaid writ petitions viz. (1)

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whether the acquisition of land for cooperative housing society is a public purpose and (2) whether the Government could cancel the notification dated April 29, 1963 issued by it under Section 6 of the Act and issue a fresh notification dated April 28, 1966 under the said section of the Act, the first point does not survive and has rightly not been canvassed before us in view of the decisions of this Court in Ratilal Shankerbhai v. State of Gujarat, Pandit Jhandu Lal v. State of Punjab and Ram Swarup v. Land Acquisition Officer, Aligarh. In these cases, it has been made clear that ordinarily the Government is the best authority to determine whether the purpose in question is a public purpose or not; it cannot be contended that a housing scheme for a limited number of persons cannot be considered as a public purpose; and the need of a section of the public may be a public purpose."

Emphasis supplied

22. The Apex Court has held that selection of land and

determination of suitability of acquisition are

primarily within the domain of the executed and the

Court should not interfere unless there is a clear

illegality or mala fides. Judicial review does not

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extend to substituting the Court's opinion for that of

the acquiring authority.

23. The Gujarat High Court in Jigarbhai upheld the

validity of Section 10A and Section 31A of Act, 2013,

recognizing the legislative intent to facilitate timely

completion of infrastructure projects and held that

once compensation is determined and award is

passed, interference with acquisition is unwarranted,

save in exceptional cases. The Telangana High Court

in Merugu Narsaiah's case has held that public

infrastructure projects cannot be stalled at the

instance of individual landowners when statutory

procedure has been followed and remedies against

the award are available under the Act.

24. In view of the above, this Court finds no patent

illegality, arbitrariness or violation of mandatory

statutory provisions warranting interference with the

acquisition proceedings and accordingly the point for

consideration is answered. However, the statutory

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right of the petitioners, if any, to challenge the award

or the determination of compensation in the manner

known to law remains expressly preserved and for

the foregoing reasons, this Court pass the following:

ORDER

i. The writ petitions are dismissed.

ii. However, it is made clear that the petitioners

are at liberty to challenge the award including

the determination of compensation in

accordance with law, if so advised.