[Cites 3, Cited by 0]
Karnataka High Court
Mrs Kauser Begum And Ors vs The Chief Secretary And Ors on 25 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2026:KHC-K:2657
WP No. 200925 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 200925 OF 2025 (LA-RES)
BETWEEN:
1. MRS KAUSER BEGUM W/O SHAIK IBRAHIM
D/O LATE MOHAMMED USMAN ALI,
AGE 66 YEARS, OCC : HOUSEHOLD,
R/O BEHIND SHAHJILANI DARGAH, 9TH CROSS,
MSK MILL, KALABURAGI,
DIST. AND TALUK KALABURAGI
2. MRS.SALEEMA BEGUM W/O OMAR KHAN
D/O LATE MOHAMMED USMAN ALI,
AGE 64 YEARS, OCC : HOUSEHOLD,
R/O MADINA COLONY, SHAHJILANI DARGAH,
Digitally signed
by SACHIN MSK MILL, KALABURAGI,
Location: HIGH
COURT OF DIST. AND TALUK KALABURAGI.
KARNATAKA
3. MRS.KHAMAR BEGUM W/O GURBAZ KHAN
D/O LATE MOHAMMED USMAN ALI,
AGE 62 YEARS, OCC : HOUSEHOLD,
AJMIREE COLONY, MISBA NAGAR,
MSK MILL, KALABURAGI,
Dist. AND TALUK KALABURAGI.
4. NAZMA BEGUM W/O AYYUB KHAN,
D/O LATE MOHAMMED USMAN ALI,
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WP No. 200925 of 2025
HC-KAR
AGE 58 YEARS, OCC : HOUSEHOLD,
GOLBOUDU, SADIQUE COLONY,
MSK MILL, KALABURAGI,
Dist. AND TALUK KALABURAGI - 585103.
5. MOHAMMED YASIN ALI
S/O LATE MOHAMMED USMAN ALI,
AGE 58 YEARS, OCC : AGRICULTURE,
NEAR DOLPHIN SCHOOL MAIN GATE,
MADINA COLONY, MSK MILL, KALABURAGI,
DIST. AND TALUK KALABURAGI - 585103.
6. MOHAMMED JAFFAR ALI
S/O LATE MOHAMMED USMAN ALI,
AGE 56 YEARS, OCC : AGRICULTURE,
GALIB COLONY, 4TH CROSS,
NEAR QUDEER FUNCTION HALL,
MSK MILL, KALABURAGI,
DIST. AND TALUK KALABURAGI-585103.
7. MOHAMMED FAIYAZ ALI
S/O LATE MOHAMMED USMAN ALI,
AGE 54 YEARS, OCC: AGRICULTURE,
R/O GALIB COLONY, 5TH CROSS,
NEAR QUDEER FUNCTION HALL, MSK MILL,
KALABURAGI,
DIST. AND TALUK KALABURAGI-585103
8. GULAMUDDIN S/O MOHAMMED ASIF ALI,
AGE 62 YEARS, RESIDING NEAR MACCA MASJID,
MADINA COLONY, MSK MILL,
Dist. AND TALUK KALABURAGI-585103.
9. MOHAMMED RIYAZ S/O MOHAMMED ASIF ALI,
AGE 47 YEARS, RESIDING NEAR MACCA MASJID,
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NC: 2026:KHC-K:2657
WP No. 200925 of 2025
HC-KAR
MADINA COLONY, MSK MILL, KALABURAGI,
DIST. AND TALUK KALABURAGI-585103.
10. BILQEES BEGUM D/O MOHAMMED ASIF ALI,
AGE 65 YEARS, RESIDING NEAR MACCA MASJID,
MADINA COLONY, MSK MILL, KALABURAGI,
Dist. AND TALUK KALABURAGI-585103.
11. MOIZ BEGUM D/O MOHAMMED ASIF ALI,
AGE 60 YEARS, RESIDING NEAR MACCA MASJID,
MADINA COLONY, MSK MILL, KALABURAGI,
DIST. AND TALUK KALABURAGI-585103.
12. MUNEERA BEGUM D/O MOHAMMED ASIF ALI,
AGE 57 YEARS, NEAR MACCA MASJID,
MADINA COLONY, MSK MILL, KALABURAGI,
DIST. AND TALUK KALABURAGI-585103.
13. SHAHEENA BEGUM D/O MOHAMMED ASIF AL,
AGE 57 YEARS, RESIDING NEAR MACCA MASJID,
MADINA COLONY, MSK MILL, KALABURAGI,
DIST. AND TALUK KALABURAGI-585103.
14. SHAHZADI BEGUM
D/O LATE MOHAMMED ASIF ALI,
AGE ABOUT 85 YEARS,
RESIDING NEAR MACCA MASJID,
MADINA COLONY, MSK MILL, KALABURAGI,
DIST. AND TALUK KALABURAGI-585103.
...PETITIONERS
(BY SRI. SHAIKH SAOUD, ADVOCATE)
AND:
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WP No. 200925 of 2025
HC-KAR
1. THE CHIEF SECRETARY,
GOVERNMENT OF KARNATAKA,
VDHAN SOUDHA, BENGALURU-560001.
2. THE PRL. SECRETARY,
GOVERNMENT OF KARNATAKA,
PUBLIC WORKS DEPARTMENT,
ROOM NO.335, 3RD FLOOR,
VIKASA SOUDHA, BENGALURU-560001.
3. THE PRL. SECRETARY,
GOVERNMENT OF KARNATAKA,
COLLEGIATE EDUCATION DEPARTMENT,
ROOM NO.645-A, 6TH FLOOR, M. S. BUILDING,
BENGALURU-560001.
4. THE DY. COMMISSIONER,
OFFICE OF THE DY. COMMISSIONER,
ROOM NO.8, VIDHAN SOUDHA,
KALABURAGI- 585101.
5. THE ASSISTANT COMMISSIONER
AND LAND ACQUISITION OFFICER,
JAGATH CIRCLE, KALABURAGI -585101.
6. THE TAHASILDAR,
OFFICE OF THE TAHASILDAR,
JEWARGI TALUK, JEWARGI,
DISTRICT KALABURAGI -585310.
...RESPONDENTS
(BY SRI. MALLIKARJUN SAHUKAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING THAT
THIS HONOURABLE COURT MAY BE PLEASED TO ISSUE WRIT
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NC: 2026:KHC-K:2657
WP No. 200925 of 2025
HC-KAR
IN THE NATURE OF MANDAMUS DIRECTING THE
RESPONDENTS TO PAY THE COMPENSATIONS FOR THE LAND
OF 3 ACRES 20 GUNTAS OUT OF SY.NO.62/1-A-3 AND SY
NO.62/4-6 SITUATED AT JEWARGI USED FOR THE ROAD, AT
RATE OF PRESENT MARKET VALUE AS PER THE PROVISIONS
OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY
IN ACQUISITION, REHABILITATION AND RESETTLEMENT ACT
2013 WITH ALL STATUTORY BENEFITS AS ARE AVAILABLE TO
THEM IN LAW MAY PLEASED BE AWARDED BY ALLOWING THE
PETITION; II) THE COMPENSATION FOR THE LAND SY
NO.62/1-3 (62/B) LAND TO THE EXTENT OF 14 ACRES 37
GUNTAS AS LAND SY NO.62/4-6 (62/A) TO THE EXTENT OF 11
ACRES 33 GUNTAS OF JEWARGI VILLAGE BE AWARDED AS PE
THE JUDGMENT IN SPL(C) NO. 10338/2023 BERNARD FRANCIS
JOSEPH VAZ AND OTHERS V/S GOVERNMENT OF KARNATAKA
AND OTHERS OF THE HONOURABLE SUPREME COURT OF INDIA
EXERCISE UNDER ARTICLE 142 OF THE CONSTITUTION OF
INDIA, THE SLAO BE DIRECTED TO DETERMINE THE
COMPENSATION TO BE AWARDED TO THE PETITIONERS
HEREIN ON THE BASIS OF THE MARKET VALUE PREVAILING AS
ON 22 APRIL 2019, THE PETITIONERS ARE ALSO BE ENTITLED
TO ALL THE STATUTORY BENEFITS AS ARE AVAIALABLE TO
THEM UNDER THE 1894 LA ACT, WITHOUT PREJUDICE TO THE
RIGHTS/ CONTENTIONS OF EITHER PARTY, IN CASE THEY
MAKE A REFERENCE BEFORE AN APPELLET AUTHORITY, IF
THEY ARE SO AGGRIEVED BY THE FRESH DETERMINATION OF
COMPENSATION BY THE SLAO. THE SLAO SHALL PASS A
FRESH AWARD TAKING THE MARKET VALUE PREVAILING AS
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NC: 2026:KHC-K:2657
WP No. 200925 of 2025
HC-KAR
ON 22ND APRIL 2019 WITHIN A PERIOD OF TWO MONTHS
FROM TODAY AFTER HEARING THE PARTIES TO AWARD ALL
STATUTORY BENEFITS AS ARE AVAILABLE TO THEM IN LAW;
III) ANY OTHER RELIEF/S DEEMED FIT BY THE HONOURABLE
HIGH COURT IN THE INTEREST OF JUSTICE AND EQUITY.
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
Learned counsel for the petitioners submits that this
writ petition may be dismissed as withdrawn with liberty to
the petitioners to file necessary application seeking review
of the order passed by this Court in MFA No.2515/2000.
2. Said submission is placed on record.
3. Writ petition is dismissed as withdraw with
liberty as prayed for.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
sn/List No.: 1 Sl No.: 6
