SATYAPPA S/O VAGGAPPA TUBACHI vs THE SECRETARY
- Court
- Karnataka High Court
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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 9 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT PETITION NO.108214 OF 2026 (LA-RES)
BETWEEN:
1) SATYAPPA S\O VAGGAPPA TUBACHI
AGE: MAJOR, OCCUPATION: AGRICULTURE
2) MAHADEVI W\O SHREESHAIL BIRADAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
3) RAMAPPA S\O ARJUN BIRADAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
4) ROOPA W\O SATYAPPA TUBACHI
AGE: MAJOR, OCCUPATION: AGRICULTURE
5) NAMDEV S\O VIJAY BADGI
AGE: MAJOR, OCCUPATION: AGRICULTURE
6) MALLAPPA S/O DUNDAPPA BIRADAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
7) ASHOK S/O SANGAPPA TIPARADDI
AGE: MAJOR, OCCUPATION: AGRICULTURES
8) RAMESH S/O RAJENDRA @ RAJENDRAKUMAR TIPARADDI
AGE: MAJOR, OCCUPATION: AGRICULTURE
9) IRAPPA S/O BHIMAPPA KUMBAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
10) SHETTEPPA S/O BHIMAPPA KUMBAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
11) RAMAPPA S/O BHIMAPPA KUMBAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
Digitally signed by
THEJAS KUMAR N
Location: High
Court of Karnataka,
Dharwad Bench
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12) LAKSHMAPPA S/O PEERAPPA WALIKAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
13) ANAND S/O SHRIKANT WALIKAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
14) NEELA W/O BHIMAPPAWALIKAR @ KOLAKAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
15) SHASHIDHAR S/O BHIMAPPA WALIKAR @ KOLAKAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
16) PRASHANTH S/O BHIMAPPA WALIKAR @ KOLAKAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
17) BASAVVA W/O MALLAPPA SHIROL
AGE: MAJOR, OCCUPATION: AGRICULTURE
18) MALLAPPA S/O BASAPPA SHIROL
AGE: MAJOR, OCCUPATION: AGRICULTURE
19) SATYAVVA W/O BASAPPA SHIROL
AGE: MAJOR, OCCUPATION: AGRICULTURE
20) BASAVARAJ S/O DUNDAPPA DOOTAGUNDI
AGE: MAJOR, OCCUPATION: AGRICULTURE
21) RUKMAVVA W/O SHIVARAYAPPA GADAGI
AGE: MAJOR, OCCUPATION: AGRICULTURE
22) YALLAVVA W/O DUNDAPPA AVAGANTI
AGE: MAJOR, OCCUPATION: AGRICULTURE
23) MAHADEVI W/O CHIDANAND JANAVAD
AGE: MAJOR, OCCUPATION: AGRICULTURE
24) SUMITRA W/O RAMANNA SHIRAGUR
AGE: MAJOR, OCCUPATION: AGRICULTURE
25) SHANTAVVA W/O VITTAL HUNASHIKATTI
AGE: MAJOR, OCCUPATION: AGRICULTURE
26) YAMANAVVA W/O NINGAPPA ITTANNAVAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
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27) KAREVVA W/O KAREPPA GADAGI
AGE: MAJOR, OCCUPATION: AGRICULTURE
28) MALAPPA S/O KENCHAPPA GADAGI
AGE: MAJOR, OCCUPATION: AGRICULTURE
29) SHRISHAIL S/O KAREPPA GADAGI
AGE: MAJOR, OCCUPATION: AGRICULTURE
30) MAHADEVI W/O BASAPPA APPANNAVAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
31) SIDDAVVA W/O KALLAPPA APPANNAVAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
32) SHAILA W/O BHIMAPPA GURAJATTI
AGE: MAJOR, OCCUPATION: AGRICULTURE
33) CHANDRASHEKAR S/O. RUDRAYYA KOTUR
AGE: MAJOR, OCCUPATION: AGRICULTURE
34) KAMALAVV W/O SHIVAPPA KUMBAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
35) CHANDRASHEKAR S/O SHIVAPPA KUMBAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
36) SHARADA W/O SHANKREPPA BIRADAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
37) PRASHANT S/O SHANKREPPA BIRADAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
38) ADIVEPPA S/O BASALINGAPPA KUMBAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
39) MALAPPA S/O MAHADEVAPPA KUMBAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
40) CHANDRASHEKAR S/O BASALINGAPPA KUMBAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
41) JAKKAPPA S/O GOOLAPPA REVANNAVAR
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AGE: MAJOR, OCCUPATION: AGRICULTURE
42) NAGAPPA S/O GOOLAPPA REVANNAVAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
43) VITTAL S/O GOOLAPPA REVANNAVAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
44) CHANDRAVVA W/O NINGAPPA NYAMAGOUDAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
45) MUTTAPPA S/O MALAPPA NYAMAGOUDAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
46) IRAYYA S/O SHADAKSHARAYYA HIREMATH
AGE: MAJOR, OCCUPATION: AGRICULTURE
47) KALLAPPA S/O BHEEMAPPABANNATTI
AGE: MAJOR, OCCUPATION: AGRICULTURE
48) HANUMANTH S/O SOMARAYAPPA REVANNAVAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
49) SHANTAVVA W/O MUTTAPPA REVANNAVAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
50) LIMBAVVA D/O MUTTAPPA REVANNAVAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
51) BHARAMAVVA D/O MUTTAPPA REVANNAVAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
52) BHEEMAPPA S/O RAMAPPA WABA
AGE: MAJOR, OCCUPATION: AGRICULTURE
53) HANAMANT S/O MAGIYAPPA HUDAR @ WABA
AGE: MAJOR, OCCUPATION: AGRICULTURE
54) GANGAPPA S/O MAGIYAPPA HUDAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
55) MALLAVVA W/O RAMANNA HUDAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
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56) BHIMAPPA S/O RAMANNA HUDAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
57) HANAMAPPA S/O RAMANNA HUDAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
58) SADAPPA S/O RAMANNA HUDAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
59) PARASAPPA S/O MANIGENAPPA REVANNAVAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
60) GIRIMALLAPPA S/O RAMAPPA KUMBAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
61) MALAPPA S/O DUNDAPPA DABARI
AGE: MAJOR, OCCUPATION: AGRICULTURE
62) LAKSHMAVVA W/O SHRISHAIL JANAWAD
AGE: MAJOR, OCCUPATION: AGRICULTURE
63) BOURAVVA W/O MALAPPA DABARI
AGE: MAJOR, OCCUPATION: AGRICULTURE
64) KANNAVVA W/O MALAPPA KURI
AGE: MAJOR, OCCUPATION: AGRICULTURE
65) PARWATAVVA W/O BEERAPPA REVANNAVAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
66) SAVITRI D/O RAMANNA GULED
AGE: MAJOR, OCCUPATION: AGRICULTURE
67) RAJESHWARI W/O SABU ARASHANAGI
AGE: MAJOR, OCCUPATION: AGRICULTURE
68) HOOVAPPA S/O NINGAPPA GADAGI
AGE: MAJOR, OCCUPATION: AGRICULTURE
69) DUNDAPPA S/O MAHADEVAPPA SARASHETTI
AGE: MAJOR, OCCUPATION: AGRICULTURE
70) SUBBAVVA BANAPPA ALABAL
AGE: MAJOR, OCCUPATION: AGRICULTURE
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71) PEERAPPA BANAPPA ALABAL
AGE: MAJOR, OCCUPATION: AGRICULTURE
72) PARASAPPA BANAPPA ALABAL
AGE: MAJOR, OCCUPATION: AGRICULTURE
73) YAMANAVVA BANAPPA ALABAL
AGE: MAJOR, OCCUPATION: AGRICULTURE
74) DUNDAVVA W/O MALLAPPA REVANNAVAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
75) GOUDAPPA S/O MALLAPPA REVANNAVAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
76) BORAVVA W/O MUTTAPPA KARIGAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
77) RACHANA W/O SIDDAPPA GOUDANNAVAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
78) KAMALAVVA W/O PANDU JADADHARI
AGE: MAJOR, OCCUPATION: AGRICULTURE
79) PEERASAB S/O RAJESAB NADAF
AGE: MAJOR, OCCUPATION: AGRICULTURE
80) LAKSHMAVVA W/O LAXMAN NYAMAGOUD
AGE: MAJOR, OCCUPATION: AGRICULTURE
81) RAMANNA S/O LAXMAN NYAMAGOUD
AGE: MAJOR, OCCUPATION: AGRICULTURE
82) MALLAPPA S/O LAXMAN NYAMAGOUD
AGE: MAJOR, OCCUPATION: AGRICULTURE
83) LAXMAPPA S/O MANIGEPPA NYAMAGOUD
AGE: MAJOR, OCCUPATION: AGRICULTURE
84) SAIDUSAB S/O BABAJI PINJAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
85) RAMAJAN S/O BABAJI PINJAR
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AGE: MAJOR, OCCUPATION: AGRICULTURE
86) SALEEMSAB S/O HUSENASAB NADAF
AGE: MAJOR, OCCUPATION: AGRICULTURE
87) JANNATABI W/O BANDENAWAJ MATTI
AGE: MAJOR, OCCUPATION: AGRICULTURE
88) NAJEER S/O BANDENAWAJ MATTI
AGE: MAJOR, OCCUPATION: AGRICULTURE
89) RIYAJ S/O BANDENAWAJ MATTI
AGE: MAJOR, OCCUPATION: AGRICULTURE
90) MAHAMMAD S/O GAIBUSAB HAJIMATTI
AGE: MAJOR, OCCUPATION: AGRICULTURE
91) LALASAB S/O RAJESAB NADAF
AGE: MAJOR, OCCUPATION: AGRICULTURE
92) GUDUSAB S/O RAJESAB NADAF
AGE: MAJOR, OCCUPATION: AGRICULTURE
93) NEELAVVA W/O GANGAPPA BIRADAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
94) HANAMANT S/O RAMAPPAWABA
AGE: MAJOR, OCCUPATION: AGRICULTURE
95) SHANKAR S/O YALLAPPA TIPARADDI
AGE: MAJOR, OCCUPATION: AGRICULTURE
96) KASTURI W/O CHANDRASHEKAR GADDI
AGE: MAJOR, OCCUPATION: AGRICULTURE
97) SHRAVANAKUMAR S/O CHANDRASHEKAR GADDI
AGE: MAJOR, OCCUPATION: AGRICULTURE
98) RAJU S/O GANGAPPA BIRADAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
99) RAMAPPA S/O DUNDAPPA BIRADAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
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100) SHIVAGENI S/O SHIDDAPPA GADAGI
AGE: MAJOR, OCCUPATION: AGRICULTURE
101) RUKMAVVA W/O DHARIYAPPA BADAKURI
AGE: MAJOR, OCCUPATION: AGRICULTURE
102) MUTTAPPA S/O SATYAPPA KUMBAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
103) SHRISHAIL S/O MUTTAPPA KUMBAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
104) BASAVARAJ S/O MUTTAPPA KUMBAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
105) SATYAVVA D/O KALLAPPA JATIVADDAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
106) KARIYAPPA S/O NINGAPPA KUMBALI
AGE: MAJOR, OCCUPATION: AGRICULTURE
107) BASAPPA S/O DUNDAPPA DABARI
AGE: MAJOR, OCCUPATION: AGRICULTURE
108) RATNAVVA W/O BASAPPA DABARI
AGE: MAJOR, OCCUPATION: AGRICULTURE
109) SOMARAYAPPA S/O LAKSHMAN GADAGI
AGE: MAJOR, OCCUPATION: AGRICULTURE
110) SIDDAVVA W/O RAMAPPAHALANGALI
AGE: MAJOR, OCCUPATION: AGRICULTURE
111) NINGAVVA W/O YANKAPPA PEERAGANNAVVAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
112) HANAMANT S/O TIPPANNAHOOGAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
113) ROOPA W/O HANAMANT HOOGAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
114) KASTURI W/O MUTTAPPA REVANNAVAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
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115) REKHA W/O HANAMANT REVANNAVAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
116) HANAMANT S/O MUTTAPPA REVANNAVAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
117) RAJESAB S/O LALASAB PINJAR @ NADAF
AGE: MAJOR, OCCUPATION: AGRICULTURE
118) MOULASAB S/O LALASAB PINJAR @ NADAF
AGE: MAJOR, OCCUPATION: AGRICULTURE
119) GANGAVVA W/O GANGAPPA KUMBAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
120) BHAGAVVA D/O GANGAPPA KUMBAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
121) SADASHIVA S/O GANGAPPA KUMBAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
122) BASAPPA S/O GANGAPPA KUMBAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
123) SHANKRAPPA S/O NAGAPPA KUMBAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
124) HANAMAPPA S/O NAGAPPA KUMBAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
125) MALLAVVA W/O BASAPPA KUMBAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
126) MAYAVVA W/O KALLAPPA KUMBAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
127) CHANDRAVVA W/O BASAPPA KUMBAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
128) BIYAMA W/O SAHEBALAL NADAF
AGE: MAJOR, OCCUPATION: AGRICULTURE
129) DUNDAPPA S/O SIDDAPPA KUMBALI
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AGE: MAJOR, OCCUPATION: AGRICULTURE
130) JAKKAPPA S/O SIDDAPPA KUMBALI
AGE: MAJOR, OCCUPATION: AGRICULTURE
131) SHIVARAY S/O SIDDAPPA KUMBALI
AGE: MAJOR, OCCUPATION: AGRICULTURE
132) NINGAVVA W/O DYAVAPPA GADAGI
AGE: MAJOR, OCCUPATION: AGRICULTURE
133) SIDDAPPA S/O SHANKRAPPA @ GAJAPPA TUBACHI
AGE: MAJOR, OCCUPATION: AGRICULTURE
134) PARASAPPA S/O NINGAPPA LENDAGI
AGE: MAJOR, OCCUPATION: AGRICULTURE
135) MAYAVVA W/O MALAPPAREVANNAVAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
136) RENUKA D/O MALAPPA REVANNAVAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
137) BEERAPPA S/O MALAPPA REVANNAVAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
138) HANAMAPPA S/O MALLAPPA REVANNAVAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
139) SHRISHAIL S/O HANAMANT TUBACHI
AGE: MAJOR, OCCUPATION: AGRICULTURE
140) BHAGAVVA W/O SHRISHAIL TUBACHI
AGE: MAJOR, OCCUPATION: AGRICULTURE
141) RUKMAVVA W/O PARASAPPAPOOJANNAVAR
AGE: MAJOR, OCCUPATION: AGRICULTURE
142) KRISHNAPPA S/O HANAMANT TUBACHI
AGE: MAJOR, OCCUPATION: AGRICULTURE
143) YALLAVVA W/O HANAMANT TUBACHI
AGE: MAJOR, OCCUPATION: AGRICULTURE
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144) ASHOK S/O SANGAPPA TIPARADDI
AGE: MAJOR, OCCUPATION: AGRICULTURE
145) MALLAPA S/O SANGAPPA TIPARADDI
AGE: MAJOR, OCCUPATION: AGRICULTURE
146) PRAKASH S/O SANGAPPA TIPARADDI
AGE: MAJOR, OCCUPATION: AGRICULTURE
…PETITIONERS
(BY SMT. SHRUTI B.PATIL, ADVOCATE FOR
SRI. BASAVAGOUDA VEERAPPA PATIL, ADVOCATE)
AND:
1. THE SECRETARY,
GOVERNMENT OF KARNATAKA,
FINANCE DEPARTMENT,
VIDHANA SOUDHA, BENGALURU-560 001.
2. THE PRINCIPAL SECRETARY,
GOVERNMENT OF KARNATAKA,
DEPARTMENT OF REVENUE,
VIKAS SOUDHA, BENGALURU-560 001.
3. THE COMMISSIONER,
GOVERNMENT OF KARNATAKA,
REHABILITATION AND
RECONSTRUCTION, UPPER KRISHNA
PROJECT, NAVANAGAR,
BAGALKOT-587 103.
4. THE MANAGING DIRECTOR,
GOVERNMENT OF KARNATAKA
REHABILITATION AND
RECONSTRUCTION, UPPER KRISHNA
PROJECT, NAVANAGAR,
BAGALKOT-587 103.
5. THE SPECIAL DEPUTY
COMMISSIONER,
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GOVERNMENT OF KARNATAKA,
REHABILITATION AND RECONSTRUCTION,
UPPER KRISHNA PROJECT,
JAMKHANDI-587 301.
6) THE SPECIAL LAND ACQUISITION
OFFICER, UPPER KRISHNA PROJECT
[UKP], JAMKHANDI-587301.
7) MANAGING DIRECTOR,
THE KRISHNA BHAGYA JALA NIGAM
LIMITED, OFFICE ANNEXURE BUILDING,
RD
3 FLOOR, K.R. CIRCLE,
BANGAORE-560 001.
…RESPONDENTS
(BY SRI. SHARAD V.MAGADUM, AGA FOR R1 TO R6;
SRI. CHETAN MUNNOLI, ADVOCATE FOR R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF
MANDAMUS OR ANY SUCH OTHER WRIT OR DIRECTION TO A) ISSUE
A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE
RESPONDENT NO.5 AND 6 TO PASS THE AWARD FOR WHICH IN
ISSUANCE OF NOTIFICATION NO.
«fd/¨sÀƸÁé-02/¹Dgï-09/2022-23
09/2022-23 DATED 27/06/2022 AT ANNEXURE-A IN RESPECT OF
PETITIONERS LAND AND IN THE INTEREST OF JUSTICE AND EQUITY.
B) IN ADDITION TO THE COMPENSATION, THE RESPONDENTS ARE
DIRECTED TO DETERMINE AND PAY THE COMPENSATION / DAMAGE
PAYABLE TO THE PETITIONER FROM THE DATE OF TAKING OVER THE
POSSESSION OF THE PETITIONER'S PROPERTY TILL THE DATE OF
PAYMENT. THE SAID ADDITIONAL AMOUNT SHALL BE PAID ALONG
WITH THE COMPENSATION IN FAVOR OF THE PETITIONERS. C)
ALTERNATELY, ISSUE A WRIT IN OF A MANDAMUS DIRECTING TO
THE RESPONDENTS TO PROCEED FOR ACQUISITION IN
ACCORDANCE WITH LAW, IN THE INTEREST OF JUSTICE AND
EQUITY. D) PASS SUCH ORDER OR ORDERS WHICH THIS HON’BLE
COURT DEEMS FIT AND NECESSARY UNDER THE FACTS AND
CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND
EQUITY. E) PETITIONERS ARE READY TO ACCEPT THE CONSENT
AWARD AS PER GOVT. ORDERS DATED 09/10/2017.
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
Though the matter is listed under the caption ‘Fresh
matters’, with the consent of both the parties, this petition
is taken up for final disposal.
2. This petition is filed by the petitioners seeking
following reliefs:
“a) issue a writ in the nature of Mandamus directing the
respondent No.5 and 6 to pass the award for which in
issuance of Notification 09/2022-23 No.
«fd/¨sÀƸÁé-02/¹Dgï-
Annexure-A.
09/2022-23 dated 27/06/2022 at in
respect of petitioners land and in the interest of justice
and equity.
b) In addition to the compensation, the respondents are
directed to determine and pay the compensation /
damage payable to the petitioner from the date of taking
over the possession of the petitioner's property till the
date of payment. The said additional amount shall be paid
along with the compensation in favor of the petitioners.
c) Alternately, issue a writ in of a mandamus directing to
the Respondents to proceed for Acquisition in accordance
with law, in the interest of justice and equity.
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d) Pass such order or orders which this Hon’ble court
deems fit and necessary under the facts and
circumstances of the case in the interest of justice and
equity.
e) Petitioners are ready to accept the Consent Award as
per Govt. Orders dated 09/10/2017.”
3. Heard, Miss.Shruthi B. Patil, learned counsel
appearing for Sri.Basavagouda Veerappa Patil, learned
counsel for the petitioners, Sri.Sharad V.Magadum,
learned AGA appearing for respondents No.1 to 6 and
Sri.Chetan Munnolli, learned counsel appearing for
respondent No.7.
4. The main grievance of the petitioners in this
petition is, despite issuance of Preliminary Notification in
the year 2022, till date, no action has been contemplated,
though the petitioners are agreeable for consent award.
5. Learned counsel Miss.Shruthi B. Patil, relied on
the order passed by this Court in W.P.No.107456/2026
disposed of on 05.10.2026, to contend that the petitioners
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herein are similarly situated to that of the petitioners in
the aforesaid Writ Petition.
6. This Court, in the aforesaid case, allowed the
Writ Petition, extending the benefit of Government Order
dated 09.10.2025, in terms of the order passed by the
Co-ordinate Bench of this Court in W.P.No.100331/2024
and W.P.No.106191/2024. The relevant portion of the
order from paragraph Nos.3 to end, read as under:
“3. It is claimed by the petitioners that,
respondent No.5 issued and published a Preliminary
Notification under Section 11 of the Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013, on
20.08.2022, proposing to acquire the lands for the Upper
Krishna Project, wherein the lands belong to the
petitioners were also identified and included.
4. Several landowners approached this Court in
W.P.No.100331/2024 (LA-RES) as well as
W.P.No.106191/2024 (LA-RES) and connected matters,
calling in question the acquisition notification in respect of
their lands.
5. This Court vide the order dated 04.12.2025,
disposed of those Writ Petitions, granting the benefit of
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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 therein to appear before the concerned SLAO
on 15.12.2025 at 11.00 a.m. Further, directed the SLAO
to act in accordance with the Government Order dated
09.10.2025 and disburse the award amount/the consent
award amount, if not already disbursed.
6. This position of law laid down by this Court in
the Writ Petition supra, is not disputed either by the
learned AGA or by the learned counsel Sri Chetan
Munnoli, appearing for respondent No.4. However,
learned counsel Sri Chetan Munnoli, in a feeble voice
submits that the petitioners are not similarly situated
persons and cannot seek similar treatment on parity.
7. The submission of learned counsel Sri Chetan
Munnoli, cannot be countenanced in the absence of any
document to that effect to state that, the petitioners are
not similarly placed.
8. In that view of the matter, this Court must
consider that the petitioners are also similarly situated as
that of petitioners in the writ petition before the
Co-ordinate Bench of this Court afore.
9. Smt. Smt.Sunitha J. Sequeira, learned AGA
submits that in the case referred in support of the claim
of the petitioners afore, in some cases there was final
notification issued. In that view of the matter, the
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Coordinate Bench passed an order directing the
concerned SLAO to extend the benefit of the Government
Order dated 09.10.2025 as expeditiously as possible
within an outer limit of eight weeks.
10. In the case on hand, only Preliminary
Notification has been issued and there is no final
notification. In that view of the matter, the Government is
required to issue Final Notification and thereafter pass
award/consent award in terms of the notification issued
by the Government dated 09.10.2025. In that view of the
matter, Smt. Smt.Sunitha J. Sequeira, learned AGA
submits that direction may be issued without fixing the
time limit. However, she submits that, with all endeavors
the matter would be considered in consonance with the
order passed by the Coordinate Bench of this Court to
extend the benefit under the notification dated
09.10.2025 as expeditiously as possible in accordance
with law.
11. Therefore, this Court proceeds to pass the
following:
ORDER
allowed
(I) Writ Petition is .
(II) The benefit of Government Order dated
09.10.2025 shall be rendered to petitioners in
this petition, in terms of the order passed in
W.P.No.100331 of 2024 and W.P.No.106191
of 2024 and grant the benefits if not already
granted.
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(III) The petitioners shall appear before the
concerned SLAO on 26.10.2026 at 11.00 a.m.
and on the appearance of the petitioners, the
concerned SLAO shall act in accordance with
the Government Order dated 09.10.2025 and
disburse the award amount/consent award
amount as expeditiously as possible, however
within an outer limit of one year from the date
of first appearance of the petitioners.
(IV) If in the event, the compliance is not done
within the time fixed, it is for the State to seek
extension of the time, with valid reasons, in
terms of Law. Any variance would be viewed
seriously.”
7. In the case on hand, only Preliminary
Notification has been issued and there is no Final
Notification. In that view of the matter, the Government is
required to issue Final Notification and thereafter, pass
award /consent award, in terms of the Notification issued
by the Government dated 09.10.2025.
8. In that view of the matter, Sri.Sharad
V.Magadum, learned AGA submits that a direction may be
issued accordingly, without fixing the time limit. However,
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he submits that, with all endeavors, the matter would be
considered in consonance with the order passed by this
Court afore to extend the benefits under the Notification
dated 09.10.2025, as expeditiously as possible in
accordance with law.
9. Considering the said submission, this Court
proceeds to pass the following:
ORDER
allowed
i. The Writ Petition is .
ii. The benefits of Government Order dated
09.10.2025 shall be granted to the petitioners
in this petition, in terms of the order passed
by this Court in W.P.No.107456/2026 and by
the Coordinate Bench of this Court in
W.P.No.100331/2024 & W.P.No.106191/2024,
if not already granted.
iii. The petitioners shall appear before the
26.10.2026
concerned SLAO on at 11.00
a.m. and on the appearance of the petitioners,
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the concerned SLAO shall act in accordance
with the Government Order dated 09.10.2025
and disburse the award amount/consent
award amount as expeditiously as possible,
however within an outer limit of one year from
the date of first appearance.
iv. If in the event, the compliance is not done
within the time fixed, it is for the State to seek
extension of the time, with valid reasons, in
terms of Law.
v. Any variance would be viewed seriously.
Sd/-
(T.M.NADAF)
JUDGE
RKM
CT: UMD
List No.: 1 Sl No.: 22