BABURAO S/O. TUKARAM ASANGI vs THE SPECIAL LAND ACQUISITION OFFICER.

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WP No. 103238 of 2025


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IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 29 DAY OF OCTOBER, 2026


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

WRIT PETITION NO.103238 OF 2025 (LA-RES)

BETWEEN:

1. BABURAO S/O. TUKARAM ASANGI,
AADHAR NO.8236 8444 6884,
AGE: 46 YEARS, OCC: AGRICULTURE,
ST ST
R/O : # 40, 1 MAIN, 1 CROSS,
GANGADHAR NAGAR, SETTLEMENT,
HUBBALLI, DIST: DHARWAD-580020.

2. SMT. MALLAVVA W/O. TUKARAM ASANGI,
AADHAR NO.3776 2897 0514,
AGE: 69 YEARS, OCC: AGRICULTURE,
ST ST
R/O : # 40, 1 MAIN, 1 CROSS,
GANGADHAR NAGAR, SETTLEMENT,
HUBBALLI, DIST: DHARWAD-580020.

3. ANNAPPA S/O. TUKARAM ASANGI,
AADHAR NO.8288 8598 2700.
AGE: 40 YEARS, OCC: AGRICULTURE,
ST ST
R/O : # 40, 1 MAIN, 1 CROSS,
GANGADHAR NAGAR, SETTLEMENT,
HUBBALLI, DIST: DHARWAD-580020.
…PETITIONERS

(BY SRI. H.R. GUNDAPPA, ADVOCATE)

AND:

1. THE SPECIAL LAND ACQUISITION OFFICER,
NATIONAL HIGHWAY AUTHORITY OF INDIA,
[ANKOLA – HUBLI – HOSAPETE, SECTION]
NATIONAL HIGHWAY NO.63, DHARAMAHAL,
ST
1 FLOOR, U.B HILLS, DHARWAD-580004.
KARNATAKA STATE.














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

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2. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA,
PROJECT IMPLEMENTATION UNIT-DHARWAD,
SHIVAKRUPA NIVAS, VIVEKANAND NAGAR,
ND
2 CROSS, VIDYAGIRI, NEAR EXCELLENT NEET
ACADEMY, DHARWAD-580004.

3. VIDHYADHAR G.GULAGULI S/O. GONEPPA,
OCC: THE THEN SPECIAL LAND ACQUISITION OFFICER,
NATIONAL HIGHWAY AUTHORITY OF INDIA,
[ANKOLA HUBLI HOSAPET SECTION]
NATIONAL HIGHWAY NO. 63, DHARAMAHAL,
UB HILL ROAD, DHARWAD,
R/O. NO. 183. BANASHREE NAGAR,
DODDANAYAKANAKOPPA, DHARWAD-580004.

4. SIDDAPPA F.HOSAMANI,
THE THEN MANAGER OF NHAI [NH-63],
ANKOLA-HUBLI-HOSPET, DARAMAHAL,
UB HILL ROAD, DHARWAD,
R/O. SAI NAGAR ROAD, CHALAWADI ONI,
NEAR MADAR ONI, UNKAL, HUBLI-580031,
DHARWAD-DISTRICT.

5. SUKHANAND SHANKAR RAO NALAVADE,
CASE WORKER, IN NATIONAL HIGHWAY AUTHORITY OF INDIA,
[ANKOLA HUBLI HOSAPET SECTION]
NATIONAL HIGHWAY NO.63, DHARAMAHAL,
U.B. HILL ROAD, DHARWAD,
R/O. NAYANAGAR, HIREMULAKAR,
BAILHONGAL, BELGAUM -591102.

6. RAMESH F.KYARAKOPPA,
CASE WORKER, IN NATIONAL HIGHWAY AUTHORITY OF INDIA,
[ANKOLA HUBLI HOSAPET SECTION]
NATIONAL HIGHWAY NO.63, DHARAMAHAL,
U.B. HILL ROAD, DHARWAD,
R/O. GARADIMANI STREET, DEVIKOPPA, KALAGHATAGI,
TQ. DHARWAD DISTRICT.-581204.

7. SHRISHAIL I. GANIGER,
STAFF, IN NATIONAL HIGHWAY AUTHORITY OF INDIA,
[ANKOLA HUBLI HOSAPET SECTION]
NATIONAL HIGHWAY NO. 63, DHARAMAHAL,
UB HILL ROAD, DHARWAD,

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R/O. PETI ONI, NARENDRA POST,
DHARWAD DIST. -580005.

8. GIRISH BHARMAPPA KARILINGANNAVAR,
CLERK, IN NATIONAL HIGHWAY AUTHORITY OF INDIA,
[ANKOLA HUBLI HOSAPET SECTION]
NATIONAL HIGHWAY NO. 63, DHARAMAHAL,
U.B. HILL ROAD, DHARWAD,
R/O. PLOT NO.21, MAILARALLINGESHWAR NILAYA,
TH
7 CROSS, MANIKANT NAGAR,
NEAR AYYAPPA SWAMI TEMPLE.
DHARWAD – 580001.

9. N.S HUMBERI,
CLERK, IN NATIONAL HIGHWAY AUTHORITY OF INDIA,
[ANKOLA HUBLI HOSAPET SECTION]
NATIONAL HIGHWAY NO. 63, DHARAMAHAL,
UB HILL ROAD, DHARWAD,
R/O. PLOT NO.1, MAILARALLINGESHWAR NILAYA,
TH
7 CROSS, MANIKANT NAGAR,
NEAR AYYAPPA SWAMI TEMPLE,
DHARWAD – 580001.]

(NOTE: THE WRIT PETITION AS AGAINST RESPONDENT NO.9,
IS NOT PRESSED DISMISSED AS WITHDRAWN, AS PER MEMO)

10. SMT. GEETA W/O. GOUSAPPA GABBUR,
42 YEARS, VEGETABLE BUSINESS,
HOUSE NO.237, GOLLARA ONI, VEERAPPA ONI,
AADHAR NO.5504 0199 4092,
POST. HUBLI HEAD OFFICE, HUBBALLI-580020,
DIST. DHARWAD. CELL NO.8431318521.

11. HANAMANT S/O. GOUSAPPA GABBUR,
24 YEARS, OCC. VEGETABLE BUSINESS,
HOUSE NO.237, GOLLARA ONI, VEERAPUR ONI,
AADHAR NO.3705 8479 4619,
POST. HUBLI HEAD OFFICE, HUBBALLI-580028,
DIST. DHARWAD-580020, DIST. DHARWAD,
CELL NO.9686974529.

12. AKASH S/O. GOUSAPPA GABBUR,
18 YEARS, OCC. VEGETABLE BUSINESS,
HOUSE NO.237, GOLLARA ONI, VEERAPUR ONI,

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AADHAR NO.4632 0624 7646,
POST HUBLI HEAD OFFICE, HUBBALLI-580020,
DIST. DHARWAD, CELL NO.8117314291.

13. MAHADEV S/O. GOUSAPPA GABBUR,
20 YEARS, OCC. VEGETABLE BUSINESS,
HOUSE NO.237, GOLLARA ONI, VEERAPUR ONI,
POST HUBLI HEAD OFFICE, HUBBALLI-580020,
DIST. DHARWAD, CELL NO.8117314291.

(NOTE: AS PER THE ORDER OF THIS HON’BLE COURT ON I.A.
NO.1/2025, DATED 01.12.2025, THE NAME & ADDRESS OF THE
RESPONDENTS NO.10 TO 13, IS AMENDED ACCORDINGLY)

…RESPONDENTS

(BY SRI. B.P. MATHAPATI, ADVOCATE FOR R1 AND R2;
SRI. K.L. PATIL, ADVOCATE FOR R3;
SRI. R.H. ANGADI, ADVOCATE FOR R6 AND R8;
SRI. N.H. PATIL, ADVOCATE FOR R7;
NOTICE TO R4, R5 AND R11 ARE SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO A) THAT THIS
HON’BLE COURT, MAY KINDLY BE PLEASED TO PASS AN ORDER BY
WAY OF WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.1
AND 2, TO DEPOSIT, LAND ACQUIRED COMPENSATION AMOUNT OF
THE PETITIONER’S OF RS.1,07,92,216/-, (ONE CRORE, SEVEN
LAKHS, NINETY-TWO THOUSAND, TWO HUNDRED AND SIXTEEN
RUPEES) WITH 18% INTEREST FROM THE DATE OF ACQUISITION
PROCEEDINGS UP TO TODAY, FROM THE DATE OF PASSING ORDER.
B) DIRECTING THE RESPONDENT NO.3 TO 13 TO RE-DEPOSIT THE
LAND ACQUIRED AMOUNT WITHDRAWN ILLEGALLY. C) GRANT SUCH
OTHER SUITABLE RELIEF’S AS THIS HON’BLE COURT DEEMS FIT TO
GRANT IN THE CIRCUMSTANCES OF THE CASE, 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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ORAL ORDER
This Writ Petition is filed by the petitioners with the
following reliefs:
“a) That this Hon’ble Court, may kindly be pleased to
pass an Order by way of Writ of Mandamus directing the
Respondents No.1 & 2, to deposit, Land acquired
compensation amount of the Petitioner’s of
Rs.1,07,92,216/-, (One crore, seven lakhs, ninety-two
thousand, two hundred and sixteen rupees) with 18%
interest from the date of acquisition proceedings up to
today, from the date of passing Order.

b) Directing the Respondent No.3 to 13 to re-deposit the
land acquired amount withdrawn illegally.

c) Grant such other suitable relief’s as this Hon’ble Court
deems fit to grant in the circumstances of the case, in the
interest of justice and equity.”

2. Heard Sri. H. R. Gundappa, learned counsel
appearing for the petitioners and Sri. B.P. Mathapati, learned
counsel appearing for respondent Nos.1 and 2 along with other
advocates.

3. Today, learned counsel for respondent No.1 filed a
memo along with ten documents. The contentions of the
petitioners gain support with the complaint registered by the
SLAO-NHAI on 13.08.2024. The photocopy of the same is
extracted hereunder:

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4. The police have issued an endorsement stating that
the case is under investigation in respect of Crime No.218/2024
with the Vidyagiri Police Station, Dharwad. The SLAO present
today before this Court along with documents and the learned
counsel for SLAO filed a memo signed by the concerned SLAO
as well as counter signed by the learned counsel, answering the
claim of the petitioners. The memo reads as under:

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5. This clearly shows that the compensation amount
which is released as per the order dated 19.05.2022 in favour
of respondent Nos.10 to 13 are not concerned with the
property. The SLAO submits that he shall take all necessary
action for processing the payment of the 3G Award
compensation amount with all statutory benefits to the
petitioners’ landowners within a period of five weeks with
liberty to recover the amount paid erroneously in favour of
respondent Nos.10 to 13 in terms of affidavit and indemnity
executed by the concerned respondents at Annexures-O, O1,
O2.

6. In view of the memo, the Writ Petition is disposed
of directing the concerned SLAO to take all necessary actions
to pay the compensation along with all statutory benefits for
the land acquired belonging to the petitioner within five weeks
from today before this Court with the liberty as sought in the
petition. Compliance report shall be filed immediately after five
weeks.
Sd/-
(T.M.NADAF)
JUDGE
RKM, CT: UMD
List No.: 1 Sl No.: 69