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Karnataka High Court
Gundappa And Ors vs The State Of Karnataka And Ors on 18 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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WP No. 202981 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 202981 OF 2023 (LA-RES)
BETWEEN:
1 GUNDAPPA
S/O BASANGOUDA GURIKAR,
AGED ABOUT 69 YEARS, OCC: AGRICULTURE,
R/O HATTI, TQ. LINGASUGURU,
DIST. RAICHUR.
LRS OF DECEASED
1A SMT. DURGAMMA W/O LATE GUNDAPPA,
AGED ABOUT 47 YEARS, OCC: HOUSEHOLD,
R/O H.NO.210, WARD NO.1,
NEAR OLD PANCHAYAT HATTI,
Digitally signed by TQ. LINGASUGURU,
SWETA
KULKARNI DIST. RAICHUR-584115.
Location: HIGH
COURT OF 2. KANAKAPPA S/O DURGAPPA,
KARNATAKA
SINCE DECEASED BY HIS LRS,
SMT. DURGAMMA W/O LATE KANAKAPPA,
AGED ABOUT 75 YEARS,
OCC: HH AND AGRICULTURE,
R/o HATTI, TQ. LINGASUGURU,
DIST. RAICHUR.
3. AMARAPPA S/O YENKAPPA HUNSGI,
AGED ABOUT 65 YEARS, OCC: AGRICULTURE,
R/O HATTI, TQ. LINGASUGURU,
DIST. RAICHUR.
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4. SHIVALINGAPPA S/O AMARAPPA HUNSGI,
AGED ABOUT 33 YEARS, OCC: AGRICULTURE,
R/O HATTI, TQ. LINGASUGURU,
DIST. RAICHUR.
5. NINGAPPA S/O YEKAPPA HUNSGI,
AGED ABOUT 53 YEARS, OCC: AGRICULTURE,
R/O HATTI, TQ. LINGASUGURU,
DIST. RAICHUR.
6. MANJUNATH S/O AMARAPPA HUNSGI,
AGED ABOUT 31 YEARS, OCC: AGRICULTURE,
R/O HATTI, TQ. LINGASUGURU,
DIST. RAICHUR.
7. SMT. DEVAMMA W/O SHARNAPPA,
(D/O DEVAPPA),
AGED ABOUT 60 YEARS,
OCC: H. HOLD, AND AGRICULTURE,
R/O HATTI,
TQ. LINGASUGUR, DIST. RAICHUR.
8. SMT. AMBAMMA W/O SHARNAPPA,
AGED ABOUT 65 YEARS,
OCC: H. HOLD, AND AGRICULTURE,
R/O HATTI,
TQ. LINGASUGURU, DIST. RAICHUR.
9. HASENSAB S/O RAJABKHAN @ RAJABALIKHAN,
SINCE DECEASED BY HIS LRS,
9(1) SMT. BAKUL BEE W/O LATE HASENSAB,
AGED ABOUT 52 YEARS,
OCC: HH AND AGRICULTURE,
R/O KAKA NAGAR, HATTI, TQ. LINGASUGURU,
DIST. RAICHUR.
...PETITIONERS
(BY SRI AMEETKUMAR CHAGASHETTI, ADVOCATE FOR
SRI. G. G. CHAGASHETTI.,ADVOCATE)
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AND:
1. THE STATE OF KARNATAKA,
BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE,
MS BUILDING,
BENGALURU-1.
2. THE DEPUTY GENERAL MANAGER,
HATTI GOLD MINES CO. LTD., (HGMC),
HATTI VILLAGE, TQ.LINGASUGUR,
DIST. RAICHUR-585410.
3. THE LAND ACQUISITION OFFICER/ ASSISTANT
COMMISSIONER,
LINGASUGURU, DIST.RAICHUR.
...RESPONDENTS
(BY SRI MALLIKARJUN SAHUKAR, AGA FOR R1;
SRI VEERANAGOUDA MALIPATIL, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A)
ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
MANDAMUS, DIRECTING THE RESPONDENT NO.3 TO
CONSIDER THE APPLICATION FILED BY THE PETITIONERS
UNDER SECTION 28(A) OF THE ACT VIDE ANNEXURES-B, B1
TO B8 IN THE LIGHT OF THE JUDGMENT PASSED IN LAC NO.
21/2015 C/W LAC NO. 8/2015 AND OTHER CONNECTED
MATTERS DATED 07-07-2022 AND TO FIX THE MARKET VALUE
OF THE ACQUIRED LANDS RS. 67/- PER SQ.FT. WITH ALL
OTHER STATUTORY BENEFITS. B) ISSUE A WRIT OF
CERTIORARI AND TO QUASH THE ENDORSEMENT DATED 13-
04-2023 IN NO.¨sÀƸÁé¸ÁªÀiÁ£Àå:01:2011-12/28(J)/954 AND 4-8-2023 IN
NO.¨sÀƸÁé¸ÁªÀiÁ£Àå:01:2011-12/28(J)/1451 ISSUED BY THE 3RD
RESPONDENT VIDE ANNEXURE-F, F1. C) ISSUE ANY OTHER
SUITABLE WRIT, ORDER OR DIRECTION AS THIS HON'BLE
COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES
OF THE CASE, INCLUDING AN ORDER OF COST.
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THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
1. Petitioners, who are land losers under the Preliminary
Notification dated 08.08.2012 and the Final Notification dated
24.09.2013 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, Order or direction in the nature of
Mandamus, directing the Respondent No.3 to
consider the Application filed by the Petitioners
U/sec.28(A) of the Act vide Annexures-B, B1 to B8 in
the light of the Judgment passed in LAC No.21/2015
c/w LAC No.8/2015 and other connected matters
dated 07-07-2022 and to fix the market value of the
acquired lands @ Rs.67/- per sq. ft. with all other
statutory benefits.
b) Issue a writ of certiorari and to quash the
endorsement dated 13-04-2023 in
No.¨sÀƸÁé¸ÁªÀiÁ£Àå:01:2011-12/28(J)/954 and 4-8-2023 in
No.¨sÀƸÁé¸ÁªÀiÁ£Àå:01:2011-12/28(J)/1451 issued by the 3rd
Respondent vide Annexure-F, F1.
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c) Issue any other suitable Writ, Order or
direction as this Hon'ble Court deems fit under the
facts and circumstances of the case, including an
Order of Cost, in the interest of justice and equity."
2. Heard the learned counsel for the parties.
3. It appears that petitioners had filed applications under
Section 28(A) of the Land Acquisition Act, 1984, before
respondent No.3 seeking enhancement of compensation
awarded to them under the Final Award dated 15.12.2013 on
the basis of the judgment and order passed by the jurisdictional
Civil Court, Lingasugur, in LAC Nos.69/2015 to 75/2015,
79/2015 and 83/2015. Respondent No.3 has issued the
impugned communication at Annexure - F dated 13.04.2023,
informing the petitioners that their applications are kept in
abeyance till MFA No.202753/2022 and connected appeals are
disposed off by this Court.
4. Assailing the said communication dated 13.04.2023 and
also seeking a writ of mandamus directing respondent No.3 to
consider the applications of the petitioners under Section 28(A)
of the Land Acquisition Act, petitioners are before this Court.
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5. It appears that judgment and decree passed in LAC
No.69/2015 to 75/2015, 79/2015 and 83/2015 has been
challenged before this Court in MFA No.202753/2022 and
connected appeals.
6. Learned counsel for respondent Nos.2 and 3 submits that
the said appeals are still pending consideration before this
Court.
7. If that is so, I do not find any illegality or irregularity in
the impugned communication issued by respondent No.3,
wherein he has stated that the application of the petitioners
filed under Section 28(A) of the Land Acquisition Act are kept in
abeyance, awaiting disposal of MFA, pending before this Court.
Under the circumstances, I do not find any good ground to
entertain this petition. Accordingly, the following order:-
8. The writ petition is disposed off with an observation that
respondent No.3 - Land Acquisition Officer, shall consider the
applications of the petitioners filed under Section 28(A) of the
Land Acquisition Act, immediately after MFA No.202753/2022
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and connected appeals are disposed off by this Court and pass
appropriate orders on the same as expeditiously as possible.
9. In view of the disposal of the main petition, pending
interlocutory application if any, does not survive for
consideration. Accordingly, the same is disposed off.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
DN
List No.: 2 Sl No.: 1
