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Karnataka High Court
Nagendra vs The State Of Karnataka on 12 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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WP No. 200738 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 200738 OF 2026 (LA-RES)
BETWEEN:
1. NAGENDRA S/O VISHWANTH,
AGE: 53 YEARS, OCC: AGRICULTURE,
R/O KONCHAVARA,
TQ. CHINCHOLI, DIST. KALABUARGI.
2. AMBAJI S/O VISHWANTH,
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O KONCHAVARA,
TQ. CHINCHOLI, DIST. KALABUARGI.
3. SMT. SUNITABAI W/O NAGENDRA,
AGE: 44 YEARS, OCC: AGRICULTURE,
Digitally signed R/O KONCHAVARA,
by SACHIN TQ. CHINCHOLI, DIST. KALABUARGI.
Location: HIGH
COURT OF 4. SMT. GAYATRI W/O AMBAJI,
KARNATAKA AGE: 43 YEARS, OCC: AGRICULTURE,
R/O KONCHAVARA,
TQ. CHINCHOLI, DIST. KALABUARGI.
...PETITIONERS
(BY SRI MAHANTESH PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REP BY ITS PRINCIPAL SECRETARY,
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WP No. 200738 of 2026
HC-KAR
IRRIGATION DEPARTMENT
M.S. BUILDING BANGALORE-560001.
2. THE STATE OF KARNATAKA,
REP BY ITS PRINCIPAL SECRETARY,
REVENUE DEPARTMENT, VIKAS SOUDHA,
BANGALORE-560001.
3. THE DEPUTY COMMISSIONER,
KALABURAGI DISTRICT,
KALABURAGI-585101.
4. THE SPL.LAND ACQUISITION OFFICER,
SMALL AND MEDIUM IRRIGATION PROJECT,
VIKASH BHAVAN,
KALABURAGI-585105.
5. THE CHIEF EXECUTIVE ENGINEER,
SMALL AND MEDIUM IRRIGATION PROJECT,
AIWAN-E-SHAHI ROAD, KALABURAGI-585105.
...RESPONDENTS
(BY SRI SHESHADRI JAISHANKAR M., AGA )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A)
ISSUE A WRIT, DIRECTION OR ORDER IN THE NATURE OF
MANDAMUS DIRECTING THE RESPONDENTS TO PASS AND
AWARD UNDER RIGHT TO FAIR COMPENSATION AND
TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND
RESETTLEMENT ACT 2013, AS PER ENDORSEMENT DATED
NIL/7/2024 BEARING NO. VBHUSW/SANI/09/2009-10/1797 AT
ANNEXURE-J IN RESPECT OF SY NO. 204 (204/2) MEASURING
3 ACRES SITUATED AT JILVERSA VILLAGE TQ. CHINCHOLI
DIST. KALABURAGI, WITHIN A STIPULATED PERIOD AND PAY
THE COMPENSATION; B) PASS SUCH OTHER ORDERS, AS THE
PETITIONER IS ENTITLED TO IN THE FACTS AND
CIRCUMSTANCES OF THE CASE.
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WP No. 200738 of 2026
HC-KAR
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
Petitioners are before this Court in this Writ Petition
filed under Articles 226 and 227 of the Constitution of
India seeking for the following reliefs:
"a) Issue a writ, direction or order in the nature of
mandamus directing the respondents to pass and
award under Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation
and Resettlement Act 2013, as per endorsement
dated Nil/7/2024 bearing No.VBHUSW/SANI/
09/2009-10/1797 at Annexure-J in respect of Sy
No. 204 (204/2) measuring 3 acres situated at
Jilversa village Tq. Chincholi Dist. Kalaburagi,
within a stipulated period and pay the
compensation;
b) Pass such other orders, as the petitioner is
entitled to in the facts and circumstances of the
case."
2. Heard the learned counsel for the petitioners
and the learned Additional Government Advocate for the
respondents.
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3. Petitioners claim to be the absolute owners of
the land bearing Sy.No.204 measuring 5 acres 1 gunta
situated at Jeelvarsha, Chincholi taluk, Kalaburagi district.
According to the petitioners, in the aforesaid survey
number, land measuring 1 acre 27 guntas was regularized
in favour of petitioner Nos.1 to 3 and saguvali chit was
also issued to them. Subsequently, the revenue records of
the land which was regularized in favour of petitioner
Nos.1 to 3 were also mutated in their name. It appears
that the aforesaid land was notified for acquisition and in
the award that was passed subsequently, the petitioners
were not granted any compensation on the ground that
the petitioners' land was classified as phot kharab. It is
under these circumstances, petitioners had approached
this Court in W.P.No.201287/2022 which was allowed by
this Court on 22.06.2022 and the endorsement issued to
the petitioners, not awarding any compensation to them
was quashed and the matter was remitted with a direction
to hold enquiry and pass a fresh award.
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4. Since, the respondents had failed to comply the
order passed by this Court in W.P.No.201287/2022,
petitioners had filed CCC No.200187/2023 and in the said
proceedings copy of the award dated 23.04.2024 was
produced and a submission was made that the order
passed in W.P.No.201287/2022 was complied. It is under
these circumstances this Court had closed the contempt
proceedings in CCC No.200187/2023.
5. Subsequently, the impugned endorsement is
now issued stating that the award dated 23.04.2024 was
inadvertently passed under the old Land Acquisition Act,
1894 instead of passing an award under the new act i.e.,
Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013.
Though, the said endorsement vide Annexure-J is issued in
the month of July, 2024, till date fresh award has not been
passed and it is under these circumstances, the petitioners
are once again before this Court.
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6. Petitioners had approached this Court in
W.P.No.201287/2022 assailing the correctness of the
endorsement dated 16.09.2014 and also the award dated
23.04.2011 passed in respect of the aforesaid land bearing
Sy.No.204 measuring 3 acres situated at Jeelvarsha
village, Chincholi taluk, Kalaburagi district. This Court had
allowed the said writ petition and the impugned
endorsement dated 16.09.2014 issued by the Special Land
Acquisition Officer was quashed and the matter was
remitted to the Special Land Acquisition Officer with a
direction to hold an enquiry under Section 11 of the Land
Acquisition Act, 1894 and thereafter pass an award in
respect of the aforesaid land belonging to petitioners
bearing Sy.No.204 (204/2) measuring 03 acres, as
expeditiously as possible, but not later than a period of six
months.
7. Undisputedly, till date, the order passed in
W.P.No.201287/2022 is not complied. In the contempt
proceedings that was initiated by the petitioner in CCC
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No.200187/2023, the Land Acquisition Officer had
produced a copy of award dated 23.04.2024 and had
submitted that the order passed in W.P.No.201287/2022
was complied. Subsequently, the said award has been
now withdrawn and the impugned endorsement at
Annexure-J has been issued in the month of July, 2024.
However, till date, the order passed in
W.P.No.201287/2022 has not been complied.
8. The respondent No.4 who has issued
endorsement at Annexure-J in the month of July, 2024, is
required to hold enquiry as directed in
W.P.No.201287/2022 and pass a fresh award in respect of
the land in question, failing which he would be guilty of
committing contempt of the order passed in
W.P.No.201287/2022 dated 22.06.2022.
9. Under the circumstances, I am of the opinion
that respondent Nos.3 and 4 are required to be directed to
pass a fresh award in terms of the endorsement at
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Annexure-J bearing No.PÀA/«¨sÀƸÁé/¸À¤Ã/09/2009-10/1797 dated
Nil taking into consideration the order passed by this Court
earlier in W.P.No.201287/2022. Accordingly, the following:
ORDER
The writ petition is disposed of directing
respondent Nos.3 and 4 to pass a fresh award in
respect of the aforesaid land bearing Sy.No.204
situated at Jeelvarsha, Chincholi taluk,
Kalaburagi district measuring 03 acres in terms
of the endorsement at Annexure-J bearing
No.PÀA/«¨sÀƸÁé/¸À¤Ã/09/2009-10/1797 dated Nil taking
into consideration the order passed by this Court
in W.P.No.201287/2022 dated 22.06.2022 as
expeditiously as possible but not later than the
period of four months from the date of receipt of
copy of this order.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
SWK,SN/List No.: 1 Sl No.: 4
CT:PK
