KRISHNA BHAGYA JALA NIGAM LIMITED vs THE SPECIAL LAND ACQUISTION OFFICER
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17702-DB
WA No. 100549 of 2026
CNR: KAHC020154482026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 29 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE M.I.ARUN
AND
THE HON'BLE MRS JUSTICE USHARANI
WRIT APPEAL NO. 100549 OF 2026 (LA-RES)
BETWEEN:
KRISHNA BHAGYA JALA NIGAMA LIMITED,
UPPER KRISHNA PROJECT, ALMATTI,
REP. BY ITS MANAGING DIRECTOR,
TQ. NIDAGUNDI, VIJAYAPURA DISTRICT-586201.
… APPELLANT
(BY SRI. RAGHUVEER R. SATTIGERI, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
UPPER KRISHNA PROJECT, JAMAKHANDI,
BAGALKOTE-587101.
Digitally
signed by K M
SOMASHEKAR
Location:
HIGH COURT
OF
KARNATAKA
K M
SOMASHEKAR
2. THE STATE OF KARNATAKA,
REP. BY DEPUTY COMMISSIONER,
NAVANAGAR, BAGALKOTE-587101.
3. SRI. KRISHNA S/O. BASAPPA DASARADDI,
AGE: 45 YEARS, OCC. AGRICULTURE,
R/O. CHIKKUR, TQ. MUDHOL,
DIST. BAGALKOT.
SRI. HANAMAPPA
S/O. LAXMAPPA DASANAGOUDAR,
DEAD BY LRS.,
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HC-KAR
NC: 2026:KHC-D:17702-DB
WA No. 100549 of 2026
CNR: KAHC020154482026
4. SRI. HANAMAVVA
W/O. HANAMAPPA DASANAGOUDAR,
AGE: 68 YEARS, OCC. HOUSEHOLD WORK,
R/O. CHIKKUR, TQ. MUDHOL, DIST. BAGALKOT.
5. SMT. SHAKUNTALA W/O. SANGAPPA SORAGANVI,
AGE: 41 YEARS, OCC. HOUSEHOLD WORK,
R/O. CHIKKUR, TQ. MUDHOL, DIST. BAGALKOT.
6. SMT. PARVATEWWA
W/O. SHANKREPPA YADAHALLI,
AGE: 38 YEARS, OCC. HOUSEHOLD WORK,
R/O. CHIKKUR, TQ. MUDHOL, DIST. BAGALKOT.
7. SRI. KALMESH
S/O. HANAMAPPA DASANGOUDAR,
AGE: 33 YEARS, OCC. HOUSEHOLD WORK,
R/O. CHIKKUR, TQ. MUDHOL, DIST. BAGALKOT.
… RESPONDENTS
(BY SRI. GANGADHAR J.M., AAG A/W
SRI. PRAVEEN K. UPPAR, AGA FOR R1 AND R2;
RESPONDENT NO.3 TO 7 ARE SERVED)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE
THE JUDGMENT AND FINAL ORDER DATED 16.06.2026 PASSED
IN W.P. NO.109883/2025 (LA RES) PASSED BY THE LEARNED
SINGLE JUDGE, INSOFAR AS IT RELATES TO IMPOSING
CONDITIONS NO.4 TO 9 IN THE OPERATIVE PORTION
THEREOF, IN THE INTEREST OF JUSTICE AND EQUITY AND
ETC.,
THIS APPEAL, COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
AND
HON'BLE MRS JUSTICE USHARANI
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HC-KAR
NC: 2026:KHC-D:17702-DB
WA No. 100549 of 2026
CNR: KAHC020154482026
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE M.I.ARUN)
1. This appeal is filed by Krishna Bhagya Jala Nigam
Ltd., against the order dated 16.06.2026 passed by
the learned Single Judge in Writ Petition
No.109883/2025.
2. The appellant herein is the beneficiary of the lands
acquired by the State from the private respondents.
However, it was not made a party to the proceedings
before the Reference Court. The Reference Court
thereafter has passed the awards. On the ground
that the award amount determined by the Reference
Court is exorbitant and that the law requires the
beneficiary to be heard while determining such an
amount and that the awards were passed without
doing so, the aforementioned writ petition came to
be filed by the appellant.
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HC-KAR
NC: 2026:KHC-D:17702-DB
WA No. 100549 of 2026
CNR: KAHC020154482026
3. Learned Single Judge has allowed the writ petition
and has set aside the award passed by the Reference
Court and has remanded the matter back to the
Reference Court for fresh consideration. However,
while doing so, has imposed certain conditions
including deposit of 25% of the award amount as
contained in conditions (iv) to (ix) of the operative
portion of the impugned order. Aggrieved by the
same the present writ appeal is filed.
4. The case of the appellant is that, once the matter is
remanded back to the Reference Court for fresh
consideration, it has to be given a free hand to
determine the award amount once again. It is also
submitted that the Coordinate Bench of this Court in
Writ Appeal No.100476/2026 has set aside similar
conditions imposed in the orders passed in the writ
petition therein by the learned Single Judge. The
operative portion of the order in the said appeal
reads as under:
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HC-KAR
NC: 2026:KHC-D:17702-DB
WA No. 100549 of 2026
CNR: KAHC020154482026
“ (i) The writ appeal is allowed in part.
(ii) The order dated 16.06.2026 passed
by the learned Single Judge in W.P.
No.109862/2025 is affirmed insofar as it
sets aside the judgment and award
passed by the Reference Court and
remits the matter for fresh consideration.
(iii) The observations and directions
contained in Conditions Nos. (iv) to (ix)
of the operative portion of the order
passed by the learned Single Judge are
hereby set aside.
(iv) The Reference Court shall consider
and dispose of the reference proceedings
afresh in accordance with law.
(v) The parties shall appear before the
Reference Court on 02.09.2026 without
awaiting further notice and shall extend
full co-operation for expeditious disposal
of the proceedings.”
5. It is seen that the present Writ Appeal is also on
similar facts, wherein the learned Single Judge has
imposed similar conditions. All the parties including
the private respondents have no objection to dispose
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HC-KAR
NC: 2026:KHC-D:17702-DB
WA No. 100549 of 2026
CNR: KAHC020154482026
of the present Writ Appeal in terms of the order
passed in Writ Appeal No.100476/2026. Hence the
following:
ORDER
i. Writ Appeal is disposed of.
ii. Order dated 16.06.2026 passed by the
learned Single Judge in Writ Petition
No.109883/2025, insofar as it relates to
setting aside the Judgment and Award
passed by the Reference Court and
remitting the matter to the Reference Court
for fresh consideration is upheld.
iii. Other conditions imposed in condition
Nos.(iv) to (ix) of the operative portion of
the order passed by the learned Single
Judge are hereby set aside.
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HC-KAR
NC: 2026:KHC-D:17702-DB
WA No. 100549 of 2026
CNR: KAHC020154482026
iv. The Reference Court shall consider and
dispose of the Reference proceedings
afresh in accordance with law.
v. The parties shall appear before the
Reference Court on 26.11.2026 without
awaiting further notice and shall extend full
co-operation for the expeditious disposal of
the proceedings before the Reference
Court.
In view of the disposal of the main appeal,
pending I.As., if any, do not survive for consideration
and are accordingly disposed of.
Sd/-
(M.I.ARUN)
JUDGE
Sd/-
(USHARANI)
JUDGE
gab
CT:BCK
LIST NO.: 1 SL NO.: 18