SHRI. CHANNAMALLAPPA S/O DUNDAPPA GANIGER vs THE STATE OF KARNATAKA

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IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 5 DAY OF NOVEMBER, 2026


BEFORE
THE HON'BLE MR. JUSTICE T.M.NADAF

WRIT PETITION NO.109071 OF 2026 (LA-RES)

BETWEEN:

1. SHRI. CHANNAMALLAPPA S/O. DUNDAPPA GANIGER,
AGE. 76 YEARS, OCC. AGRICULTURE,
R/O. GALAGALI, TQ. BILAGI, DIST. BAGALKOT.




2. SHRI. ASHOK S/O. VENKAPPA SORAGANVI,
AGE. 63 YEARS, OCC. AGRICULTURE,
R/O. BUDNI, TQ. JAMKANDI, DIST. BAGALKOT.

3. SHRI. GOURAVVA W/O. YALLAPPA SORAGANVI,
AGE. 57 YEARS, OCC. AGRICULTURE,
R/O. BUDNI, TQ. JAMKANDI, DIST. BAGALKOT.

…PETITIONERS

(BY SRI. M.C. HUKKERI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,
R/BY IT’S SECRETARY FINANCE DEPARTMENT,
VIKAS SOUDHA, BENGALURU-560001.

2. THE STATE OF KARNATAKA,
R/BY ITS UNDER SECRETARY
TO GOVT (TECHNIVAL-5),
WATER RESOURCES DEPARTMENT,
BENGALURU-560001.

3. THE SPECIAL DEPUTY COMMISSIONER
AND GROUP MANAGER, LAND ACQUITION,
REHABILITATION AND RECONSTRUCTION
UPPER KRISHNA PROJECT NAVANAGAR BAGALKOT,
TQ AND DIST. BAGALKOT.









Digitally signed by
THEJAS KUMAR N
Location: High
Court of
Karnataka,
Dharwad Bench

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4. THE COMMISSIONER OF UPPER
KRISHNA PROJECT (UKP),
NAVANAGAR, BAGALKOT,
TQ AND DIST. BAGALKOT.

5. THE SPECIAL LAND ACQUISITION OFFICER,
UPPER KRISHNA PROJECT (UKP),
BILAGI, TQ. BILAGI, DIST. BAGALKOT.

6. THE GENERAL MANAGER KRISHNA BHAGYA
RD
JALA NIGAM (KBJN) 3 FLOOR, K.R. CIRCLE,
BENGALURU.

…RESPONDENTS

(BY SMT. RATNAMALA G.H., HCGP FOR R1 TO R5;
SRI. CHETAN MUNNOLI, ADVOCATE FOR R6)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO A. TO ISSUE WRIT
OF MANDAMUS DIRECTING THE RESPONDENTS NOS.3 TO 5 TO
CONSIDER THE PETITIONERS’ RESPECTIVE REPRESENTATIONS
DATED 08/09/2026 VIDE ANNEXURE C AND C1 AND PASS A
CONSENT AWARD AS PER THE PROCEEDINGS UNDER ORDER
SANKHE: JA SUM E/93 KBN 2025 BENGALURU DATED 09/10/2025
VIDE ANNEXURE-D, IN THE INTEREST OF JUSTICE AND EQUITY IN
SO FOR AS PETITIONER NO.1 LAND BEARING SY NOS.150/2C/3
MEASURING 03 ACRES 08 GUNTAS AND SY.NOS.149/1C/3
MEASURING 03 ACRES 29 GUNTAS SITUATED AT GANI VILLAGE IN
ND RD
JAMKHANDI TALUKA AND THE 2 AND 3 PETITIONERS ARE THE
OWNERS OF THE LAND BEARING SY. NOS.94/2 MEASURING 06
ACRES 37 GUNTAS SITUATED AT RABAKAVI VILLAGE IN BILAGI
TALUKA. B. HON’BLE COURT MAY ISSUE MANDAMUS TO
ST
DIRECTIONS TO 1 RESPONDENT TO INITIATE LEGAL ACTION
AGAINST THE RESPONDENTS NO.3 TO 5 FOR THEIR IN-ACTION AND
NOT EXECUTE THE GOVT ORDER DATED 09/10/2025 TOWARDS
LAND LOOSER. C. PASS SUCH ORDER OR ORDERS WHICH THIS
HON’BLE COURT DEEMS FIT AND NECESSARY UNDER THE FACTS
AND CIRCUMSTANCES OF THE CASE.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE T.M.NADAF

ORAL ORDER
With the consent of learned counsel appearing for the
parties, this matter is taken up for final disposal though
the matter is listed under the caption ‘Fresh Matters’, in
view of the fact that the matter is covered by the order of
this Court.

2. This Writ Petition is filed seeking following
reliefs:
“WHEREFORE IT IS PRAYED THAT, this Hon’ble Court
may be pleased to issue writ of Mandamus or any such
other writ or direction to:
a. To issue Writ of Mandamus directing the
respondents Nos.3 to 5 to consider the petitioners’
respective representations dated 08/09/2026 vide
ANNEXURE C & C1 and pass a consent award as per
the proceedings under order Sankhe: JA Sum E/93 KBN
2025 Bengaluru dated 09/10/2025 vide ANNEXURE D,
in the interest of justice and equity in so far as
petitioner No.1 land bearing Sy.Nos.150/2C/3
measuring 03 Acres 08 Guntas and Sy.Nos.149/1C/3
measuring 03 Acres 29 Guntas situated at Gani Village in
nd rd
Jamkhandi Taluka: and the 2 & 3 petitioners are

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the owners of the land bearing Sy. Nos.94/2 measuring
06 Acres 37 Guntas situated at Rabakavi village in Bilagi
Taluka.
b. Hon’ble Court may issue mandamus to directions
st
to 1 respondent to initiate legal action against the
respondents No.3 to 5 for their in –action and not
execute the Govt Order dated 09/10/2025 towards land
looser.
c. Pass such order or orders which this Hon’ble
Court deems fit and necessary under the facts and
circumstances of the case.”


3. The contention of the petitioners is that in view
of the Preliminary Notification dated 13.09.2022 issued
under Section 11(1) of Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013, several lands were proposed to
be acquired for the project of Back Waters Upper Krishna
Project.

4. It is the case of the petitioners is that, several
land owners earlier approached this Court in
W.P.No.100331/2024 as well as W.P.No.106191/2024 and

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other connected matters calling in question the acquisition
notification in respect of their lands.

5. This Court, vide order dated 04.12.2025
disposed of those Writ Petitions granting the benefit of
Government Order dated 09.10.2025 to the petitioners
therein in accordance with law by drawing a consent
award in a time-bound manner and directed the
petitioners to appear before the concerned SLAO along
with documents and directed the SLAO to act in
accordance with the Government Order dated 09.10.2025
and disburse/consent award amount, if not already
disbursed.

6. It is the case of the petitioners that, the
petitioners on 08.09.2026 filed representations accepting
the amount fixed for consent award in terms of the
Government Order 09.10.2025. However, the respondents
have not considered the case of the petitioners so far.

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7. Smt.Ratnamala G.H., learned HCGP submits
that in terms of law, the Final Notification ought to have
been issued within 12 months from the date of Preliminary
Notification, unless and until the time is extended by the
Government Order in that regard.

8. The Preliminary Notification came to be issued
on 13.09.2022. Now we are in 2026. No Final Notification
has been issued within the time limit prescribed under
Section 19(1) of the Right to Fair Compensation and
Acquisition, Rehabilitation and Resettlement Act, 2013.

9. In that view of the matter, Smt.Ratnamala
G.H., learned HCGP submits that the Preliminary
Notification issued in the year 2022 has spent itself/died
down. He further submits that passing of consent award
would be permissible only when there is Final Notification
and it is the discretion of the Authority. He submits that
once the Preliminary Notification spent itself by lapse of

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time, there may not be any process for passing consent
award.

10. At this stage, Sri.M.C.Hukkeri, learned counsel
for the petitioners submits that the Principal Secretary of
the Government has filed affidavit in the contempt
proceedings stating that they would pass Final Notification
and thereafter they will take all actions to pass consent
award in terms of the Government Order dated
09.10.2025.

11. Counsel further submits that the contempt
petition is still pending before the Division Bench. In view
of the affidavit filed by the concerned Principal Secretary,
now it is not open for the Government to submit through
HCGP that the Preliminary Notification issued itself spent
by time.

12. Learned HCGP in reply submits that, the
affidavits filed are in respect of different Notifications but
in respect of the same project. The same cannot be sought

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to be extended in favor of the petitioners and in view of
subsequent policy of the Government, as per the Scheme
09.10.2025, the acquisition would be year wise, as and
when required.

13. If that be so, the petitioners are entitled for the
relief sought for in this Writ Petition.

14. In view thereof, the respondent State to issue
the final notification, if it is available in law and the
Government is willing in that regard and extend the
benefit in terms of the Government order dated
09.10.2025. Accordingly, this Court proceeds to pass the
following:
ORDER


(i) Writ petition is allowed with a direction to
the Government to take action in terms of
law on the representations extending the
benefit of the Government Order dated

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09.10.2025 to the petitioners, if already not
granted in accordance with law, with liberty
to the petitioners to appear before the
concerned SLAO on 20.11.2026 along with
relevant documents in that regard and the
concerned SLAO to take action in accordance
with the Government Order dated
09.10.2025 in respect of the lands of the
petitioners in accordance with law within an
outer limit of 1 year from the date of first
appearance of the petitioners.

(ii) If, in the event, the compliance is not done
within the time frame, it is for the State to
seek extension of time with the valid reasons
in terms of law.

(iii) In the event, any order/endorsement issued
against the request of the petitioners, it is
for the petitioners to seek any remedy

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available within the provisions of the Right to
Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement
Act, 2013 such as damages or otherwise
under Section 93(2) of the Act, 2013, if they
are so advised, in accordance with law.


Sd/-
(T.M.NADAF)
JUDGE


SRA
CT: UMD
List No.: 1 Sl No.: 15