Petitioners challenged a Lok Adalat consent award granting Rs.7,91,746 per acre for acquired land, claiming they were not signatories to the compromise petition. Following an earlier dismissal in WP No.112477-112478/2015, the court held claimants who received compensation without demur are estopped and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC-D:210 WP No. 112482 of 2015
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 112482 OF 2015 (LA-RES)
BETWEEN:
Digitally
signed by
SUJATA
SUJATA SUBHASH
SUBHASH PAMMAR
PAMMAR Date:
2024.01.09
15:21:12
+0530
ALL ARE R/O: BODANAYAKDINNI VILLAGE,
TQ & DIST: BAGALKOT.
…PETITIONERS
(BY SRI. LINGRAJ MARADI, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. V.S.KALASURAMTH, HCGP FOR R1-R3)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUION OF INDIA PRAYING TO:
A.ISSUE WRIT IN THE NATURE CERTIORARI QUASHING THE IMPUGNED ORDER VIDE ANNEXURE-D DATED 22.03.2014 PASSED BY THE DISTRICT LEGAL SERVICE AUTHORITY BAGALKOT (LOK ADALAT BAGALKOT) IN LAC. NO.88/2013 IN THE INTEREST OF JUSTICE AND EQUITY.
B. ISSUE WRIT IN THE NATURE OF MANDAMUS, DIRECTING RESPONDENT NO.1 TO 3 PASS AN AWARD IN TERMS OF THE AWARD VIDE ANNEXURE-B AND B1 GRANTING A COMPENSATION OF RS.7,91,746 PER ACRE WITH ALL STATUTORY BENEFITS AS GRANTED IN LAC NO.124/2013 AND LAC NO. 2354/2014 DISPOSED OFF ON 02.05.2015, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC-D:210 WP No. 112482 of 2015
ORDER
This petition is filed challenging the consent award passed by the District Legal Services Authority, Lok-Adalath, Bagalkot in LAC No.88/2013 by which the petitioner was awarded compensation amount of Rs.7,91,746/- per acre. The ground of challenge to the said consent award is that he was not signatory to the compromise petition. This Court in WP No.112477-112478/2015 disposed off on 22.09.2016 in respect of consent award passed under the same notifications under which the subject land belonging to the petitioner has dismissed the petition stating that once a claimant who receives the compensation under the consent award without any demur is estopped from seeking any further relief. In view of the same, the petitioner having received the compensation amount under the consent award without any demur cannot maintain this petition. Accordingly, the petition stands dismissed .
Sd/JUDGE
SSP CT: ANB List No.: 1 Sl No.: 96
1 issue framed by the court
Whether a claimant who accepted compensation under a consent Lok Adalat award without demur can challenge that award as not being a signatory to the compromise petition?
1 provisions across 1 enactments
Yallawwa W/o Chandrappa Madar
Rangappa S/o Yallappa Kesari
Chandrakant S/o Rangappa Kesari
Balchandra S/o Rangappa Kesari
Maruti S/o Rangappa Kesari
The State of Karnataka rep. by Deputy Commissioner Bagalkot
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
