[Cites 3, Cited by 0]
Karnataka High Court
Somshekhar vs The State Of Karnataka on 13 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2026:KHC-K:2355
WP No. 200021 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 200021 OF 2026 (LA-RES)
BETWEEN:
1. SOMSHEKHAR
S/O SHANKAR HANUMSHETTY,
AGE: 47 YEARS, OCC: BUSINESS,
R/O 2-910, PLOT NO.255, SOMESHWAR NILAYA,
BANASHANKARI COLONY, JAYANAGAR,
KALABURAGI.
2. JAMUNA W/O KISHAN JAWALKAR,
AGE: 64 YEARS, OCC: HOUSEHOLD,
R/O 6-997, ASIF GUNJ ROAD,
NEAR MONAPPA DAL MILL MOMINPURA,
KALABURAGI.
Digitally signed by
NIJAMUDDIN 3. SATISH S/O RAMVILAS LAHOTI,
JAMKHANDI
Location: HIGH AGE: 70 YEARS, OCC; DOCTOR,
COURT OF
KARNATAKA R/O 1-43/1A STATION AREA, COURT ROAD,
KALABURAGI.
4. SONABAI W/O JAYAKUMAR KONIN,
D/O RAJSHEKHAR GANDHIGUDI,
AGE: 63 YEARS, OCC: HOSUEHOLD,
R/O H.NO.9-441, SHAHA BAZAR,
NEAR LAL HANUMAN TEMPLE,
KALABURAGI.
5. RAJA S/O BASAVARAJ BHIMALLI,
AGE: 52 YEARS, OCC; BUSINESS,
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R/O 4-847, SHIVANAND NILAYA,
NEAR GANESH MANDIR, MAKTAMPUR,
KALBURAGI.
6. SURESH S/O DATTATREYA BULBULE,
AGE: 73 YEARS, OCC: BUSINESS,
R/O 10-2-150, SANGAMESHWAR NAGAR,
PARWANA BANK COLONY,
KALABURAGI.
7. MAHBOOB ZAFAR S/O MD. HANEEF MANIYAR,
AGE: 41 YEARS, OCC: BUSINESS,
R/O H.NO.1-446, B ROAD,
BESIDE VG WOMEN COLLEGE STATION ROAD,
KALABURAGI.
8. ANEES FATIMA
W/O MOHAMMAD HNEEF MANIYAR,
AGE: 69 YEARS, OCC: HOUSEHOLD,
R/O H.NO.1-466, I.B. ROAD,
NEAR RAILWAY STATION, STATION BAZAR
KALABURAGI.
9. GIRIJA
W/O SHANTAKUMAR BILGUNDI,
AGE: 62 YEARS, OCC: HOUSEWIFE,
R/O 4-331, MAKATAMPUR OPP. BASAVANNA TEMPLE
KALABURAGI-585104.
10. GIRIRAJ
S/O VASANTKUMAR JAWALKAR,
AGE: 48 YEARS, OCC: PRESIDENT ARYA SAMAJA,
R/O 8-1027, GUNJ ROAD NETAJI NAGAR,
KALABURAGI.
11. SYED ABDUL S/O SYED AMEEN,
AGE 5-993/28, RING ROAD,
MEHABOOB NAGAR COLONY,
NEAR SIRAJ MEDICAL KALABURAGI.
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12. SYED SALEEM S/O SYED AMEEN,
AGE: 37 YEARS, OCC: BUSINESS,
R/O FIRDOS COLONY,
NEAR AWAN MASID,
KALABURAGI.
13. BADRUNNISA BEGUM
W/O LATE SYED AMEEN,
AGE: 62 YEARS ,OCC: HOUSEWIFE,
R/O H.NO.5-993/28 RING ROAD,
NEAR SIRAJ MEDICAL, MEHABOOB NAGAR COLONY,
KALABURAGI.
14. DR. DRAKSHYAYINI APPA
W/O SRI.LATE SHARANABASAPPA DODDAPPA APPA,
AGE: 55 YEARS OCC:,
R/O H.NO. 10-115, BRHAMPUR KALABURAGI.
15. S.V.V.SANGHA
REPRESENTED BY SECRETARY
BASAVARAJ DESHMUKH
S/O SIDRAMAPPA DESHMUKH,
AGE: 60 YEARS, OCC: BUSINESS,
R/O MIG, 15 KHB COLONY, BIDAR,
NOW AT H.NO. 10-115,
SHARANABASHWESHWAR SAMSTHE
S.B.TEMPLE, KALABURAGI.
16. PRABHURAJ APPA
S/O BASAWARAJ DODDAPPA APPA,
AGE: 52 YEARS, OCC: BUSINESS,
R/O GODUTAI NAGAR, KALABURAGI.
...PETITIONERS
(BY SRI. SANJEEVKUMAR C. PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REP BY ITS PRINCIPAL SECRETARY,
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REVENUE DEPARTMENT,
M.S.BUILDING BANGALORE-560001.
2. THE STATE OF KARNATAKA,
URBAN DEVELOPMENT DEPARTMENT,
VIKAS SOUDHA,
BENGALURU-560001,
REPRESENTED BY ITS SECRETARY.
3. THE DEPUTY COMMISSIONER,
KALABURAGI DISTRICT,
KALABURAGI-585101.
4. THE COMMISSIONER CITY CORPORATION,
KALABURAGI-585102.
5. THE SPECIAL LAND ACQUISITION OFFICER,
MINI VIDHAN SOUDHA,
KALABURAGI-585101.
...RESPONDENTS
(BY SRI MALLIKARJUN SAHUKAR, AGA FOR R1 TO R3 & R5;
SRI KRUPA SAGAR PATIL, ADVOCATE FOR R4)
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 CONSIDER THE
PETITION FILED BY THE PETITIONER UNDER SECTION 28 (A)
OF LAND ACQUISITION ACT AT ANNEXURE-B TO B12 PASS
APPROPRIATE ORDERS. b) PASS SUCH OTHER ORDERS AS THE
PETITIONER IS ENTITLED TO IN THE FACTS AND
CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
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ORAL ORDER
This writ petition is filed under Articles 226 and 227
of the Constitution of India seeking a writ of mandamus
directing the respondents to consider the petitions filed by
the petitioners under Section 28(A) of the Land Acquisition
Act, 1894 vide Annexure-B to B12 respectively.
2. Heard learned counsel for the petitioner,
learned Additional Government Advocate, who is directed
to take notice for respondent Nos.1 to 3 and 5 and Sri
Krupa Sagar Patil, learned counsel, who is directed to take
notice for respondent No.4.
3. It is the case of the petitioners that their lands
were acquired under the notification issued by the State
on 25.03.2010, for the purpose of widening of the road
from Jagat Circle to Humnabad Road. In LAC No.234/2014
c/w 217/2014, the jurisdictional Civil Judge by Judgment
and order dated 27.04.2018 had enhanced the
compensation amount, which was awarded by the
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HC-KAR
respondent No.5. Thereafter, the petitioners appears to
have filed applications under Section 28(A) of the Land
Acquisition Act, 1894 before the respondent No.5 to
enhance the compensation awarded to them in terms of
the judgment and order passed in LAC No.234/2014 c/w
217/2014, disposed of on 27.04.2018. Grievance of the
applications is that till date said petitions have not been
considered and disposed of by the respondent No.5-Land
Acquisition Officer.
4. Learned Additional Government Advocate
submits that if some reasonable time is granted, the
applications filed by the petitioners herein under Section
28(A) of the Land Acquisition Act, 1894, shall be
considered and appropriate order shall be passed in
accordance with law.
5. Said submission is placed on record.
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HC-KAR
ORDER
Writ petition is allowed with a direction to the
respondent No.5 to consider the petitions/applications filed
by the petitioners herein under Section 28(A) of the Land
Acquisition Act, 1894 at Annexures-B to B12 respectively
and pass appropriate orders on the same in accordance
with law, as expeditiously as possible, but not later than a
period of later than 3 months from the date of receipt of
copy of this order.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
NJ
List No.: 1 Sl No.: 14
CT:PK
