SMT SWAPNA W/O SUDHEER @ SUDHEENDRA KULKARNI vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:16822
WP No. 108573 of 2026
CNR: KAHC020186872026
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.108573 OF 2026 (LA-RES)
BETWEEN:
1. SMT. SWAPNA W/O. SUDHEER
@ SUDHEENDRA KULKARNI,
AGE. 43 YEARS,
R/O. HIREPADASALGI, JAMKHANDI,
TQ. JAMKHANDI, DIST. BAGALKOT-587301,
ALSO AT: FLAT NO.613, RIDDHIS SAPHIRE,
280 AND 281, NEAR MUPPAS AISHWARYA,
NARASINGI, GANDIPET, PO. NARASINGI,
DIST. K V RANGAREDDY, TELANGANA-500089.
2. SMT. GOURAVVA W/O. BASANAGOUDA PATIL,
AGE. 69 YEARS,
R/O. HIREPADASALGI, JAMKIHANDI,
TQ. JAMKHANDI, DIST. BAGALKOT-587301.
3. MALLANGOUD S/O. BASANAGOUDA PATIL,
AGE. 42 YEARS,
R/O. HIREPADASALGI, JAMKHANDI,
TQ. JAMKHANDI, DIST. BAGALKOT-587301.
…PETITIONERS
(BY MISS. SINDHU SHYAVI, ADVOCATE FOR
SRI GIRISH A.YADAWAD, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE,
M.S. BUILDING, BENGALURU-560001.
Digitally signed by
THEJAS KUMAR N
Location: High
Court of Karnataka,
Dharwad Bench
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2. THE SPECIAL DEPUTY COMMISSIONER
AND THE GROUP MANAGER, LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT,
UPPER KRISHNA PROJECT, JAMKHANDI,
NAVANAGAR, BAGALKOT, DIST. BAGALKOT-587103.
3. THE SPECIAL LAND ACQUISITION OFFICER,
REHABILITATION, RESETTLEMENT AND LAND
ACQUISITION,
UPPER KRISHNA PROJECT, JAMKHANDI,
DIST. BAGALKOT-587301.
4. THE MANAGING DIRECTOR,
KBKNL, PWD ANNEXURE BUILDING,
RD
3 FLOOR, K.R. CIRCLE, BENGALURU-560001.
…RESPONDENTS
(BY SRI SHARAD V.MAGADUM, AGA FOR R1 TO R3;
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
RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED
15.04.2026 AND 14.04.2026 VIDE ANNEXURE C TO C2 AND TO
CONCLUDE THE ACQUISITION PROCEEDINGS INITIATED
PURSUANT TO ISSUANCE OF THE NOTIFICATION IN NO. NO.
LAQ:SR:13/2021-22 DATED 18.02.2022 BY ISSUING A FINAL
NOTIFICATION IMMEDIATELY AND TO PASS THE CONSENT
AWARD IN THE LIGHT OF THE GOVERNMENT ORDER DATED
09.10.2025 VIDE ANNEXURE-D IN RESPECT OF THE LANDS
BELONGING TO THE PETITIONERS, IN THE INTEREST OF
JUSTICE AND EQUITY. B) PASS SUCH OTHER ORDER OR
ORDERS WHICH THIS HON’BLE COURT DEEMS FIT AND
NECESSARY UNDER THE FACTS AND CIRCUMSTANCES OF THE
CASE.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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WP No. 108573 of 2026
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CORAM: HON'BLE MR. JUSTICE T.M.NADAF
ORAL ORDER
Though, this petition is listed today with the caption of
‘fresh matters’, however with consent of both counsels it is
taken up for final disposal.
2. This petition is filed seeking following reliefs:
“a) Issue a writ in the nature of mandamus directing
the respondents to consider the representations dated
15.04.2026 and 14.04.2026 vide Annexure C to C2 and
to conclude the acquisition proceedings initiated
pursuant to issuance of the notification in No. No.
LAQ:SR:13/2021-22 dated 18.02.2022 by issuing a
final notification immediately and to pass the consent
award in the light of the Government Order dated
09.10.2025 vide Annexure-D in respect of the lands
belonging to the petitioners, in the interest of justice
and equity.
b) Pass such other order or orders which this Hon’ble
court deems fit and necessary under the facts and
circumstances of the case.”
3. Heard Miss.Sindhu Shyavi, learned counsel for Sri
Girish A. Yadawad, learned counsel for the petitioner and Sri
Sharad V. Magadum, learned AGA for respondent No.1 to
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3/State as well as Sri Chetan Munnoli, learned counsel for
respondent No.4.
4. It is claimed by the petitioners that respondent No.4
issued and published Preliminary Notification under Section
11 of the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013
on 18.02.2022 proposing to acquire the lands for the Upper
Kirshna Project, wherein the lands belong to the petitioners
were also identified and included.
5. Miss.Sindhu Shyavi, learned counsel, learned
counsel relied on the order passed by this Court in
W.P.No.107999 of 2026(LA-RES) on 19.09.2026 and submits
to accord the same benefit to the petitioner in this petition,
since the matter involved in this petition is identical to that
of the petition disposed of by this Court in the aforesaid writ
petition.
6. The order passed by this Court in W.P.No.107999 of
2026 reads as under:
“ 4. Several landowners approached this Court in
W.P.No.100331 of 2024 (LA-RES) as well as W.P.No.
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106191 of 2024 (LA-RES) and connected matter, calling
in question the acquisition notification in respect of their
lands.
5. This Court vide the order dated 04.12.2025
disposed of those 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 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 HCGP 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 Sri Chetan Munnoli,
learned counsel cannot be countenanced in the absence
of any document to the effect to state that the
petitioners are not similarly placed. 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.
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8. Smt. Ratnamala G.H., learned HCGP 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
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.
9. 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. Ratnamala G.H., learned HCGP submits
that direction may be issued without fixing the time
limit. 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.
10. In that view of the matter, this Court
proceeds to pass the following :
ORDER
allowed
(I) Writ Petition is .
(II) The benefits of Government Order dated
09.10.2025 shall be rendered to petitioners in
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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.
(III) The petitioners shall appear before the concerned
SLAO on 09.10.2026 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. Since the lis involved is identical, this Court proceeds
to pass the following:
ORDER
(i) Writ Petition is allowed.
(ii) The benefits of Government Order dated
09.10.2025 shall be rendered to petitioners in
this petition, in terms of the order passed in
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W.P.No.100331 of 2024 and W.P.No.106191
of 2024 and grant the benefits if not already
granted.
(iii) The petitioners shall appear before the
concerned SLAO on 31.10.2026 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.
Sd/-
(T.M.NADAF)
JUDGE
CKK
CT: UMD List No.: 1 Sl No.: 34