KRISHNA BHAGYA JALA NIGAM LIMITED vs THE SPECIAL LAND ACQUISITION OFFICER
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:16928
WP No. 103006 of 2025
CNR: KAHC020079102025
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 12 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT PETITION NO.103006 OF 2025 (LA-RES)
BETWEEN:
KRISHNA BHAGYA JALA NIGAM LIMITED
[A GOVT. OF KARNATAKA UNDERTAKING]
REGD. OFFICE. PWD OFFICE ANNEXE,
III FLOOR, K.R. CIRCLE, BENGALURU-560001,
REPRESENTED BY ITS MANAGING DIRECTOR.
…PETITIONER
(BY SRI. RAGHUVEER R.SATTIGERI, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
UPPER KRISHNA PROJECT, ALAMATTI,
JAMAKHANDI-587301, DIST. BAGALKOT.
2. THE STATE OF KARNATAKA,
REPRESENTED BY THE DEPUTY COMMISSIONER,
BAGALKOT, NAVANAGAR, BAGALKOT-587103.
3. MUDHOL CO.OPE BANK
MUDHOL.
Digitally signed by
THEJAS KUMAR N
Location: High
Court of Karnataka,
Dharwad Bench
4. P K P S BANK,
MUDHOL.
5. SBI BANK, MUDHOL
MUDHOL.
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NC: 2026:KHC-D:16928
WP No. 103006 of 2025
CNR: KAHC020079102025
6. LAXMI YAMANAWWA TALAWAR METAGUDDA,
AGE. MAJOR, OCC. NOT KNOWN,
R/O. MUDHOL-587313, TAL. MUDHOL,
DIST. BAGALKOT.
…RESPONDENTS
(BY SMT. SUNITHA J.SEQUEIRA, AGA FOR R1 AND R2;
SRI. ANIL KALE, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I.
ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE
JUDGMENT AND AWARD DATED 11.04.2022 PASSED IN LAC
NO.713/2019 ON THE FILE OF THE I ADDITIONAL DISTRICT
AND SESSIONS JUDGE, BAGALKOT, TO SIT AT JAMAKHANDI
AND THE LAND ACQUISITION REHABILITATION AND
RESETTLEMENT AUTHORITY, JAMAKHANDI VIDE ANNEXURE-A
AND A1 RESPECTIVELY; AND II. ISSUE A WRIT IN THE NATURE
OF MANDAMUS DIRECTING THE REFERENCE COURT TO
REOPEN THE PROCEEDINGS AFTER IMPLEADING THE PRESENT
PETITIONER AS A PARTY RESPONDENT. III. AND PAS SUCH
OTHER ORDER AS THIS HO’BLE COURT DEEMS FIT, IN THE
INTEREST OF JUSTICE AND EQUITY.
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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HC-KAR
NC: 2026:KHC-D:16928
WP No. 103006 of 2025
CNR: KAHC020079102025
ORAL ORDER
This Writ Petition is filed seeking the following reliefs:
“WHEREFORE, it is prayed that this Hon’ble Court may
be pleased to;
i. Issue a Writ in the nature of Certiorari quashing the
Judgment and Award dated 11.04.2022 passed in LAC
No.713/2019 on the file of the I Additional District and
Sessions Judge, Bagalkot, to sit at Jamakhandi and
the Land Acquisition Rehabilitation and Resettlement
Authority, Jamakhandi, vide Annexure-A and A1
respectively; and
ii. Issue a Writ in the nature of Mandamus directing the
Reference Court to reopen the proceedings after
impleading the present Petitioner as a party
Respondent.
iii.And pas such other order as this Hon’ble Court deems
fit, in the interest of justice and equity.”
2. Sri.Raghuveer R. Sattigeri, learned counsel
appearing on behalf of the petitioner, referring to the
judgment of the Coordinate Bench of this Court in
W.P.No.102697/2025 C/w W.P.No.103117/2025 disposed
of on 13.08.2026 submits that, the dispute covered in the
present petition is also identical.
3. The Writ Court in the aforesaid Writ Petitions,
allowed the Writ Petitions, remanded the matter to the
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HC-KAR
NC: 2026:KHC-D:16928
WP No. 103006 of 2025
CNR: KAHC020079102025
Reference Court and directed the parties to appear before
the concerned Reference Court to disposed of the matters.
4. The grievance of the petitioner, in this petition
is that, it was not arrayed as a party before the LAC Court
and an award came to be passed enhancing the
compensation passed by the SLAO. Immediately
thereafter, the beneficiary is before this Court in this
petition contending that the award is passed in its absence
is unsustainable, since it is answerable for the award
passed by the LAC Court.
5. Sri.Anil Kale, learned counsel appearing for the
land losers submits that in terms of the order passed by
the Division Bench of this Court in pending MFA filed by
the Government, a sum of 50% of compensation awarded
by the LAC Court was directed to be deposited before the
concerned LAC Court and the respondents therein-the land
losers are permitted to withdraw 50%. However, the
Reference Court permitted the land losers to withdraw
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NC: 2026:KHC-D:16928
WP No. 103006 of 2025
CNR: KAHC020079102025
only 10% of the amount which has already been
deposited. To that extent, the order at paragraph No.8 of
the order referred by the learned counsel for the petitioner
be modified.
6. Considering the submissions, since the matter
is identical, the Writ Petition is allowed , in terms of the
order passed by the Coordinate Bench of this Court in the
aforesaid Writ Petitions. However, only to the extent of
modification at paragraph No.8, which reads upon
modification as under:
“8. Learned counsel for respondent No.3
submits that 50% of the compensation amount has
already been deposited and 10% of the same has
been withdrawn by the land losers. It is made clear
that any withdrawal that is made will be subject to the
final outcome of the proceedings before the Reference
Court.”
7. In that view of the matter, this Court
accordingly proceeds to pass the following:
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HC-KAR
NC: 2026:KHC-D:16928
WP No. 103006 of 2025
CNR: KAHC020079102025
ORDER
i. The Writ Petition is allowed in part .
ii. The impugned judgment and award dated
11.04.2022 passed in LAC No.713/2019 by
the Reference Court is set aside.
iii. The Reference applications filed before the
Reference Court, whose judgments and
awards have been impugned in the present
Writ Petition shall stand restored and the
petitioners shall appear before the
respective Reference Court on
30.10.2026 at 11:00 a.m., without
requirement of any further notice being
issued in this regard.
iv. Consequent to the appearance of the
petitioner, the Writ Petitioners shall be
permitted to be arrayed as party in the
said Reference Proceedings, pursuant to
which, the Reference Court shall notify the
other parties in the said reference
proceedings and proceed further in
accordance with law.
v. All contentions of the parties on the merits
in the Reference proceedings are kept
open.
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NC: 2026:KHC-D:16928
WP No. 103006 of 2025
CNR: KAHC020079102025
vi. The Reference Court shall conclude the
reference proceedings as expeditiously as
possible within an outer limit of six months
from the date of appearance of all the
parties.
Sd/-
(T.M.NADAF)
JUDGE
SRA
CT: UMD
List No.: 2 Sl No.: 29