MANOHAR J NYMAGOUD vs THE STATE OF KARNATAKA

Court
Karnataka High Court

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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.108839 OF 2026 (LA-RES)

BETWEEN:


1. MANOHAR J NYMAGOUD
AGE: 43 YEARS, OCC: AGRICULTURE


2. SIDRAM DUNDAPPA JAKANUR
AGE: 44 YEARS, OCC: AGRICULTURE


3. BEERAPPA DUNDAPPA JAKANUR
AGE: 61 YEARS, OCC: AGRICULTURE


4. DHAREPPA M DAIGOND
AGE : 54 YEARS, OCC: AGRICULTURE


5. LAXMIBAI MALLAPPA DAIGOND
AGE: 47 YEARS, OCC: HOUSEHOLD


6. KANTAPPA MALLAPPA DAIGOND
AGE: 28 YEARS, OCC: AGRICULTURE


7. MUTTURAJ MALLAPPA DAIGOND
AGE:24 YEARS, OCC: STUDENT


8. PREETI MALLAPPA DAIGOND
AGE:22 YEARS, OCC: STUDENT


9. MAHAVEER MADAPPA DAIGOND
AGE: 50 YEARS, OCC: AGRICULTURE

10.MALAVVA JINNAPPA NYAMGOUDA
AGE:55 YEARS, OCC: HOUSEHOLD

11.SIDDAPPA DHAREPPA SHIRUGUPPI
AGE:32 YEARS, OCC: AGRICULTURE














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

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12.BASAVARAJ RAMAPPA SHIRUGUPPI
AGE:28 YEARS, OCC: AGRICULTURE

13.NILAVVA SADASHIV MATHAPATI
AGE:59 YEARS, OCC: HOUSEHOLD

14.SHRISHAIL SADASHIV MATHAPATI
AGE:25 YEARS, OCC: STUDENT

15.BASAYYA SADASHIV MATHAPATI
AGE:26 YEARS, OCC: STUDENT

16.SUVARNA SHRISHAIL HIREMATH
AGE:47 YEARS, OCC: HOUSEHOLD

17.MURAGEVVA CHANDRASHEKHAR HIREMATH
AGE: 44 YEARS, OCC: HOUSEHOLD


18.GURUBASAYYA SHRISHAIL HIREMATH
AGE: 40 YEARS, OCC: AGRICULTURE

19.KAVEERI SIDDALINGAYYA HIREMATH
AGE:31 YEARS, OCC: HOUSEHOLD

20.GIRAMALLAYYA SHRISHAIL HIREMATH
AGE: 33 YEARS, OCC: AGRICULTURE

21.SHRISHAIL BALLAPPA MAIGUR
AGE: 41 YEARS, OCC: AGRICULTURE

22.BASETTI GURAPPA HUTAGI
AGE: 71 YEARS, OCC: AGRICULTURE

23.BASAVARAJ BHIMAPPA MAIGUR
AGE: 29 YEARS, OCC: AGRICULTURE

24.SIDDANAGOUDA BHIMANAGOUDA PATIL
AGE: 47 YEARS, OCC: AGRICULTURE

25.MAHADEV BASAPPA ANGADI
AGE: 55 YEARS, OCC: AGRICULTURE

26.MALLAYYA RACHAYYA GANACHARI
AGE: 44 YEARS, OCC: AGRICULTURE

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27.SANJEEV GIRAMALA HUTAGI
AGE: 40 YEARS, OCC: HOUSEHOLD

28.GIRAMALLA ADIVEPPA HUTAGI
AGE: 70 YEARS, OCC: AGRICULTURE

29.IRAPPA ADIVEPPA HUTAGI
AGE: 66 YEARS, OCC: AGRICULTURE

30.SHIVARUDRAPPA ADIVEPPA HUTAGI
AGE: 80 YEARS, OCC: AGRICULTURE

31.MAHANTESH IRAPPA HUTAGI
AGE: 27 YEARS, OCC: AGRICULTURE

32.BASAPPA GIRIMALLA HUTAGI
AGE: 42 YEARS, OCC: AGRICULTURE

33.SANGAPPA ADIVEPPA HUTAGI
AGE: 60 YEARS, OCC: AGRICULTURE

34.VIVEKANANDA SANGAPPA HUTAGI
AGE: 27 YEARS, OCC: AGRICULTURE

35.SHIVALILA SHRIKANTH LIGADI
AGE: 34 YEARS, OCC: AGRICULTURE

36.PRAKASH SIDARAY LIGADI
AGE: 42 YEARS, OCC: AGRICULTURE

37.PRABHAVATHI SIDARAY LIGADI
AGE: 60 YEARS, OCC: HOUSEHOLD

38.BHIMAPPA BASAPPA MAIGUR
AGE: 61 YEARS, OCC: AGRICULTURE

39.MALLAPPA PARAPPA APPANAVAR
AGE: 48 YEARS, OCC: AGRICULTURE

40.SADASHIV BALAPPA MAIGUR
AGE: 40 YEARS, OCC: AGRICULTURE

41.MAHADEVI BALAPPA MAIGUR

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AGE: 51 YEARS, OCC: HOUSEHOLD

42.SUNANDA SHARANAPPA JANAGOUDA
AGE: 43 YEARS, OCC: HOUSEHOLD

43.LAXMI MALLIKARJUN GUDEKAR
AGE: 43 YEARS, OCC: HOUSEHOLD

44.LAXMAN MALLANAGOUDA PATIL
AGE: 31 YEARS, OCC: AGRICULTURE

45.MALLAPPA GURUPAD LIGADI
AGE: 43 YEARS, OCC: AGRICULTURE

46.BASAVARAJ GURUPAD LIGADI
AGE:36 YEARS, OCC: AGRICULTURE

47.PRAKASH BASAPPA ANGADI
AGE: 44 YEARS, OCC: AGRICULTURE

48.SHRISHAIL SHIVARUDRAPPA HUTAGI
AGE: 50 YEARS, OCC: AGRICULTURE

49.GOUDAPPA HANUMANTGOUDA PATIL
AGE: 65 YEARS, OCC: AGRICULTURE

50.SHOBHA SANGAPPA LIGADI
AGE: 48 YEARS, OCC: HOUSEHOLD

51.SHASHIKALA SIDDANAGOUDA PATIL
AGE: 38 YEARS, OCC: HOUSEHOLD

52.SUSILABAYI BHIMANAGOUDA PATIL
AGE: 57 YEARS, OCC: HOUSEHOLD

53.UMESH BHIMAPPA MAIGUR
AGE: 24 YEARS, OCC: STUDENT

54.SAVITRI KALLANAGOUDA PATIL
AGE: 39 YEARS, OCC: HOUSEHOLD

55.KALLANAGOUDA BHIMANAGOUDA PATIL
AGE: 39 YEARS, OCC: AGRICULTURE


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56.SUSHILA MUTTURAJ HATTI @ CHAVAN
AGE: 48 YEARS, OCC: HOUSEHOLD

57.ADITYA MUTTURAJ HATTI @ CHAVAN
AGE: 20 YEARS, OCC: STUDENT

58.PREETI MUTTURAJ HATTI @ CHAVAN
AGE: 25 YEARS, OCC: STUDENT

59.KHUSHA MUTTURAJ HATTI @ CHAVAN
AGE: 19 YEARS, OCC: STUDENT

60.LAXMIBAI RATNAPPA HATTI @ CHAVAN
AGE: 66 YEARS, OCC: HOUSEHOLD

(PETITIONER NO,3,21,28,29,30,33,37,38,60 THEY ARE
NOT CLAIMED ANY SENIOR CITIZENSHIP BENEFITS)
(NOTE: THE PETITIONERS ALL ARE RESIDING AT
HEREPADASALGI VILLAGE TQ: JAMAKHANDI DIST:
BAGALKOT- 587301)

…PETITIONERS
(BY SRI. VENKATESH M.KHARVI, ADVOCATE)

AND:


1. THE STATE OF KARNATAKA,
REPRESENTED BY SECRETARY,
FINANCE DEPARTMENT,
VIDHAN SOUDHA, BENGALURU-560001.

2. THE STATE OF KARNATAKA,
REPRESENTED BY SECRETARY,
REVENUE DEPARTMENT,
VIDHAN SOUDHA, BENGALURU-560001


3. THE COMMISSIONER,
UPPER KRISHNA PROJECT,
NAVANAGAR,BAGALKOT-587103


4. THE GENERAL MANAGER,
KRISHNA BHAGYA JALA NIGAM(KBJN),
RD
3 FLOOR, K.R.CIRCLE,
BENGALURU-580001

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5. THE SPECIAL DEPUTY COMMISSIONER,
UPPER KRISHNA PROJECT,
NAVANAGAR, BAGALKOT-587103


6. THE SPECIAL LAND ACQUISITION OFFICER,
UPPER KRISHNA PROJECT,
JAMAKHANDI, DIST: BAGALKOT-587103

…RESPONDENTS

(BY SMT. RATNAMALA G.H., HCGP FOR R1 TO R3, R5 AND R6;
SRI. CHETAN MUNNOLI, ADVOCATE FOR R4)


THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT IN
THE NATURE OF MANDAMUS DIRECTING THE LAND ACQUISITION
OFFICER TO PASS CONSENT AWARD UNDER SECTION 23 OF THE
RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND
ACQUISITION REHABILITATION AND RESETTLEMENT ACT, 2013 AND
TO PAY THE COMPENSATION AMOUNT IN RESPECT OF THE
PETITIONERS LAND. B) ISSUE A WRIT IN THE NATURE OF
MANDAMUS DIRECTING THE RESPONDENT NO.6 TO CONSIDER THE
REPRESENTATIONS DATED 06/10/2026 AT ANNEXURE-E, IN THE
INTEREST OF JUSTICE AND EQUITY. C) ISSUE ANY OTHER WRIT OR
ORDER WHICH THIS HON’BLE COURT DEEMS FIT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE.

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

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

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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:
A) Issue a writ in the nature of mandamus directing the
land acquisition officer to pass consent award under
section 23 of the Right to fair compensation and
Transparency in Land acquisition Rehabilitation and
Resettlement Act, 2013 and to pay the compensation
amount in respect of the petitioners land.
B) Issue a writ in the nature of Mandamus directing the
respondent no.6 to consider the representations dated
Annexure-E
06/10/2026 at , in the interest of justice
and equity.
C) Issue any other writ or order which this Hon’ble Court
deems fit in the facts and circumstances of the case.”

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3. The contention of the petitioners is that in view
of the Preliminary Notification dated 01.04.2022 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
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

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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 06.10.2026 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.

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 01.04.2022. Now we are in 2026. No Final Notification
has been issued within the time limit prescribed under

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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. She further submits that passing of
consent award would be permissible only when there is
Final Notification and it is the discretion of the Authority.
She submits that once the Preliminary Notification spent
itself by lapse of time, there may not be any process for
passing consent award.

10. At this stage, Sri.Venkatesh M.Kharvi, 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.

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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
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

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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
09.10.2025 to the petitioners, if already not
granted in accordance with law, with liberty
to the petitioners to appear before the
20.11.2026
concerned SLAO on 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.

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(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
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.: 82