MALLANNA vs STATE OF KARNATAKA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC-K:11752
WP No. 204320 of 2026
CNR: KAHC030109922026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO. 204320 OF 2026 (LA-RES)
BETWEEN:
SRI.MALLANNA
S/O REVANAPPA DHANGAR
AGED ABOUT 58 YEARS
OCC: AGRICULTURE, R/AT VILLAGE SATNOOR
HOBLI AND TALUK. CHITTAPUR
KALABURAGI DISTRICT-585211.
…PETITIONER
(BY SRI. JAGADEV., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE
VIDHANA SOUDHA, BENGALURU-560001.
2. THE DEPUTY COMMISSIONER AND
DISTRICT MAGISTRATE
KALABURAGI DISTRICT
MINI VIDHANA SOUDHA
KALABURAGI-585102.
3. THE ASSISTANT COMMISSIONER AND
SPECIAL ACQUISITION OFFICER
SEDAM SUB-DIVISION, SEDAM
KALABURAGI DISTRICT-585222
Digitally signed
by SWETA
KULKARNI
Location: HIGH
COURT OF
KARNATAKA
- 2 -
HC-KAR
NC: 2026:KHC-K:11752
WP No. 204320 of 2026
CNR: KAHC030109922026
4. THE TAHSILDAR
TALUK OFFICE, MINI VIDHANA SOUDHA
CHITTAPUR
KALABURAGI DISTRICT-585211.
5. THE ASSISTANT DIRECTOR OF
LAND RECORDS (ADLR)
TALUK SURVEY OFFICE
MINI VIDHANA SOUDHA
CHITTAPUR, KALABURAGI DISTRICT-585211.
6. UNION OF INDIA
REPRESENTED BY THE GENERAL MANAGER/
CHIE ENGINEER (CONSTRUCTION-II)
SOUTH CENTRAL RAILWAY, RAIL NIRMAN NILAYAM
SECUNDERABAD, TELANGANA-500071
(RESPONDENT NO. 6 IS THE ACQUIRING
BENEFICIARY ENTITY)
…RESPONDENTS
(BY SRI.VIRANAGOUDA BIRADAR, AGA FOR R1 TO R5;
SRI.SUDHIRSINGH R. VIJAPUR, DSGI FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A)
ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE
WRIT, ORDER, OR DIRECTION DIRECTING RESPONDENT NO.3
(SPECIAL LAND ACQUISITION OFFICER AND ASSISTANT
COMMISSIONER, SEDAM) TO FORTHWITH DETERMINE,
DISBURSE, AND RELEASE THE ENTIRE STATUTORY
COMPENSATION ALONG WITH 100% SOLATIUM, STATUTORY
INTEREST, AND ALL CONSEQUENTIAL BENEFITS UNDER THE
RFCTLARR ACT, 2013 TO THE PETITIONER FOR THE ACQUIRED
EXTENT OF 0 ACRES, 39 GUNTAS, 13 ANNA (0.39.13.00)
DEDUCTED FROM HIS LAND IN SURVEY NO. 292/*/2
PURSUANT TO LAND ACQUISITION ORDER NO.
REV/LAQ/12/2024-25 AND MUTATION ENTRY M.R. NO.
T113/2025-2026, OR, IN THE ALTERNATIVE; B) ISSUE A WRIT
OF MANDAMUS DIRECTING RESPONDENTS NOS. 4 AND 5
(TAHSILDAR AND ADLR, CHITTAPUR) TO CONDUCT AN ON-
- 3 -
HC-KAR
NC: 2026:KHC-K:11752
WP No. 204320 of 2026
CNR: KAHC030109922026
GROUND JOINT INSPECTION AND SURVEY IN THE PRESENCE
OF THE PETITIONER AND RESPONDENT NO.6, DEMARCATE THE
TRUE PHYSICAL BOUNDARIES OF THE PETITIONER’S HOLDING,
AND RECTIFY THE ENTRIES IN THE BHOOMI PORTAL TO
RESTORE HIS LAWFUL EXTENT; C) GRANT SUCH OTHER AND
FURTHER RELIEFS, INCLUDING THE COSTS OF THIS PETITION,
AS THIS HONOURABLE COURT DEEMS FIT AND PROPER IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL ORDER
This petition is filed seeking the following prayers:
“a) Issue a Writ of Mandamus or any other
appropriate writ, order, or direction directing
Respondent No.3 (Special Land Acquisition
Officer And Assistant Commissioner, Sedam)
to forthwith determine, disburse, and release
the entire statutory compensation along with
100% solatium, statutory interest, and all
consequential benefits under the RFCTLARR
Act, 2013 to the Petitioner for the acquired
extent of 0 acres, 39 Guntas, 13 Anna
(0.39.13.00) deducted from his land in Survey
No. 292/*/2 pursuant to Land Acquisition
Order No. REV/LAQ/12/2024-25 and Mutation
Entry M.R. No.T113/2025-2026, or, in the
alternative;
b) Issue a Writ of Mandamus directing
Respondents Nos. 4 and 5 (Tahsildar and
ADLR, Chittapur) to conduct an on- ground
joint inspection and survey in the presence of
the Petitioner and Respondent No.6,
demarcate the true physical boundaries of the
- 4 -
HC-KAR
NC: 2026:KHC-K:11752
WP No. 204320 of 2026
CNR: KAHC030109922026
Petitioner’s holding, and rectify the entries in
the Bhoomi portal to restore his lawful extent;
c) Grant such other and further reliefs,
including the costs of this petition, as this
Hon’ble Court deems fit and proper in the
interest of justice and equity.”
2. Heard Sri.Jagadev, learned counsel appearing
for Sri.Viranagouda Biradar, learned counsel for the
petitioner, the learned Additional Government Advocate
for respondent Nos.1 to 5, Sri.Sudhirsingh R. Vijapur,
learned DSGI appearing for respondent No.6 and
meticulously perused the material available on record.
3. The petitioner has averred in the writ petition
that he is the recorded owner and lawful possessor of
agricultural land bearing Sy.No.292/*/2, situated at K.
Nagaon Village, Chittapur Taluk, Kalaburagi District. It is
further averred that the petitioner is in possession and in
cultivation of his lawful share in the ancestral land bearing
Sy.No.292/1, measuring 3 acre 38 guntas. In support of
his contentions he placed RTC extracts at Annexures-A
and B. It is also averred that the respondent-State
- 5 -
HC-KAR
NC: 2026:KHC-K:11752
WP No. 204320 of 2026
CNR: KAHC030109922026
Government initiated acquisition proceedings for the
purpose of a Central public railway infrastructure project
and for the said project, an extent of 39 guntas, 13 annas
was unilaterally deducted from the petitioner's holding in
Sy.No.292/*/2. Thereafter, the petitioner got issued a
legal notice through his counsel on 22.08.2026, calling
upon the respondents to produce the copies of the
acquisition as well as sought for compensation. The
petitioner had submitted a detailed representation dated
18.09.2026, produced at Annexure-F, seeking to pay the
compensation for the land utilized for the project.
4. The respondent State has filed a detailed
statement of objections. At paragraph Nos.14 and 15 of
the statement of objections, the State has taken a stand
that there was a slight change in the survey numbers at
the time of acquisition. Considering the said stand in the
statement of objections at paragraph Nos.14 and 15 and
the order dated 02.09.2026 passed by the Assistant
- 6 -
HC-KAR
NC: 2026:KHC-K:11752
WP No. 204320 of 2026
CNR: KAHC030109922026
Commissioner, Sedam, I am of the considered view that
respondent Nos.3 and 4 are required to consider the
petitioner's grievance for payment of compensation, as per
the order dated 02.09.2026 of the Assistant
Commissioner, Sedam. Without expressing any opinion on
the merits of the case, I am of the considered view that, it
would be appropriate to direct respondent Nos.2 to 6 to
consider the petitioner's representation on merits and in
accordance with law and pass appropriate orders with
regard to the entitlement of compensation for the land
utilized. Hence, I proceed to pass the following:
ORDER
allowed
i. The writ petition is .
ii. Respondent Nos.2 to 6 are directed
to consider the petitioner’s representation
in the form of legal notice dated
22.08.2026, produced at Annexure-D, and
the representation dated 18.09.2026,
produced at Annexure-F, in accordance with
- 7 -
HC-KAR
NC: 2026:KHC-K:11752
WP No. 204320 of 2026
CNR: KAHC030109922026
law. The consideration shall be completed
within a period of three months from the
date of receipt of a copy of this order.
No order as to costs.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
ABK
List No.: 1 Sl No.: 13