Sri. Chandrakant S/O Maharudrappa Badiger (Since… — Writ and Judicial Review | Karnataka HC (2025)

Sri. Chandrakant S/O Maharudrappa Badiger (Since… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition allowed: award signed on 10.04.2007 in LAC No. 214/2002 (Annexure-C) to be quashed and LAC No. 214/2002 restored, by disposal 'in the same direction' as the Co-ordinate Bench order quoted supra, 'Ordered accordingly'.

Issue for consideration

Whether the award signed on 10.04.2007 in LAC No. 214/2002 (District Legal Service Authority, Bagalkot, before the Lok Adalat, vide Annexure-C) should be quashed by certiorari and LAC No. 214/2002 restored to the file of the II Addl. Civil Judge (Sn. Dn.), Bagalkot. +1 more

Court's answer

Since the issue in the lis stands answered by the Co-ordinate Bench — the identical matter in Writ Petition No. 102151 of 2024 disposed on 13.10.2025, which records the Co-ordinate Bench judgment in ILR 2023 Karnataka 773 setting aside a non-consensual Lok Adalat compromise and remitting the matter to the Reference Court for enhancement on merits — this Court deemed it appropriate to dispose the present petition in the same direction, and ordered accordingly.

Detailed headnote1 paragraphs

Writ Petition (GM-RES) under Articles 226 & 227, Constitution of India — High Court of Karnataka, Dharwad Bench (M. Nagaprasanna, J.), decided 18.11.2025 — Legal representatives of the deceased landowner Chandrakant s/o Maharudrappa Badiger petition against the Special Land Acquisition Officer, Upper Krishna Project, seeking certiorari to quash the Lok Adalat award signed on 10.04.2007 in LAC No. 214/2002 (District Legal Service Authority/Lok Adalat, Bagalkot, vide Annexure-C), said to have compromised the compensation claim, and restoration of LAC No. 214/2002 before the II Addl. Civil Judge (Sn. Dn.), Bagalkot. Counsel submitted the issue is 'akin' to that decided in Writ Petition No. 102151 of 2024 (disposed 13.10.2025), quoted in extenso, wherein a non-consensual Lok Adalat compromise was set aside following the Co-ordinate Bench judgment in ILR 2023 Karnataka 773 (compromise set aside; matter remitted to the Reference Court for enhancement on merits; directions to the Karnataka State Legal Services Authority on signatures of counsel and parties on the joint memo and order sheet). Holding: as the issue stands answered by the Co-ordinate Bench, the Court disposed the petition 'in the same direction' and 'Ordered accordingly' — petition allowed, award to be quashed and LAC No. 214/2002 restored. No monetary amount is stated in this judgment.

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18^TH DAY OF NOVEMBER, 2025 BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 102153 OF 2024 (GM-RES)

BETWEEN:

SRI. CHANDRAKANT S/O. MAHARUDRAPPA BADIGER (SINCE DECEASED BY HIS LRS)

SMT. PARVATI W/O. CHANDRAKANTH BADIGER, AGE: 72 YEARS, OCC: RETIRED TEACHER, R/O 45 D SECTOR NO. 51, NAVANAGAR, BAGALKOT, TQ & DIST. BAGALKOTE-587103.

SRI. MANJUNATH S/O. CHANDRAKANTH BADIGER, AGE: 42 YEARS, OCC: HOUSEHOLD, R/O. 45 D SECTOR NO. 51, NAVANAGAR, BAGALKOT, TQ & DIST. BAGALKOTE 587103

Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad

SMT. MUKTHA W/O. NARAYANA PATTAR AGE: 40 YEARS, OCC: HOUSEHOLD, PLOT NO.24, WARD NO. 11 13^TH CROSS, KALIKADEVI GUDDI RAOD, VIDYAGIRI, TQ & DIST. BAGALKTOE 587102.

SRI. SHASHIKANT S/O. CHANDRAKANTHA BAADIGER, AGE: 38 YEARS, OCC:CARPENTER, R/O: 45 D SECTOR NO. 51, NAVANAGAR, BAGALKOTE, TQ & DIST. BAGALKOTE-587103.

SMT. SHILPA W/O. PRAMOD KAROSHI

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AGE: 35 YEARS, OCC: HOUSEHOLD, R/O: 568/B, HALBAG GALLI, GOKAK, KILLA GOKAK, BELAGAVI-591307.

…PETITIONERS

(BY SRI. MRUTYUNJAYA S.HALLIKERI, ADVOCATE)

AND:

THE SPECIAL LAND ACQUISITION OFFICER UPPER KRISHNA PROJECT NAVANAGAR, BAGALKTOE-587113.

…RESPONDENT

(BY SRI.T.HANUMAREDDY, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO:

ISSUE WRIT, ORDER, OR DIRECTION IN THE NATURE OF CERTIORARI BY QUASHING THE AWARD SIGNED ON 10.04.2007 IN LAC No. 214/2002 BY THE DISTRICT LEGAL SERVICE AUTHORITY, BAGALKOT BEFORE THE LOK ADALAT, BAGALKOT (IN THE COURT OF THE II ADDL. CIVIL JUDGE (SN. DN.), BAGALKOT, VIDE ANNEXURE-C, IN THE INTEREST OF JUSTICE AND EQUITY.

RESTORE THE LAC NO. 214/2002 ON THE FILE OF THE HON BLE COURT OF THE II ADDL. CIVIL JUDGE (SN. DN.), BAGALKOT, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

The petitioners are before this Court seeking the

following prayer:

Issue writ, order, or direction in the nature of certiorari by quashing the award signed on 10.04.2007 in LAC No. 214/2002 by the District Legal Service Authority, Bagalkot before the Lok Adalat, Bagalkot (In the Court of the II Addl. Civil Judge (sn. Dn.), Bagalkot, Vide ANNEXURE-C , in the interest of justice and equity.

Restore the LAC No.214/2002 on the file of the Hon’ble Court of the II Addl. Civil Judge (Sn. Dn.), Bagalkot, in the interest of justice and equity.

Pass such other order or direction that is deemed fit under the facts and circumstances of the case, in the interest of justice and equity.

The learned counsel appearing for the petitioners submits that the issue in the lis is akin to what is decided by this Court in Writ Petition No.102151 of 2024 disposed off on

13.10.2025, wherein this Court has held as follows:

“1. The petitioner is before this Court seeking the following prayer:

Issue a WRIT, Order, or Direction in the nature of Certiorari by quashing the award signed on 13.04.2007 in LAC No. 163/2005 by the District Legal Service Authority, Bagalkot before the Lok Adalat, Bagalkot (In the Court of the II Addl. Civil Judge (Sn. Dn.), Bagalkot, vide Annexure-B, in the interest of justice and equity.

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Restore the LAC No. 163/2005 on the file of the Hon’ble Court of the II Addl. Civil Judge (Sn. Dn.), Bagalkot, in the interest of justice and equity.

Pass such other order or direction that is deemed fit under the facts and circumstances of the case, in the interest of justice and equity.

Heard learned counsel Sri.Mrutyunjaya

S.Hallikeri and the learned AGA for the respondent-State.

The land of the petitioner becomes the subject matter of acquisition at the hands of the State, for the purpose of Upper Krishna Project. The issue in the lis does not pertain to the acquisition proceedings. It pertains to enhancement of compensation. It is the case of the petitioner that before the lok adalat, the compromise was entered into without his consent and in identical circumstances, for the land that is adjacent to the land of the petitioner, the Co-ordinate Bench of this Court in a judgment reported in ILR 2023 Karnataka 773 has set aside the order of compromise and remitted the matter back to the Reference Court to consider the enhancement on the merit of the matter.

The learned counsel for the petitioner submits that he is also similarly placed and is entitled to the same benefit as the Reference Court has enhanced compensation and the enhanced compensation is already paid to the said land loser in the judgment rendered by the Co-ordinate Bench. In that light, the petition deserves to succeed as is directed by the Co-ordinate Bench in the judgment quoted (supra). The Co-ordinate Bench has held has follows:

ORDER

Sri. Praveen K Uppar, Learned HCGP accepts notice for the respondent.

The petitioners are before this Court seeking for the following reliefs:

To set aside the order on I.A. dated 02.07.2019 in LAC No. 33/2007 passed by the II Additional Senior Civil

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Judge and Judicial Magistrate First Class, Bagalkot and restore the LAC No. 33/2007, in the interest of justice and equity.

The grievance of the petitioners is that the proceedings in LAC No. 33/2007 have been compromised before the Lok-Adalath without the consent of the petitioners inasmuch as the signatures of the petitioners are not found in the compromise petition.

It is on that basis Sri. Lingaraj Maradi, Learned Counsel for the petitioners submits that the petitioners had never agreed for the compensation which had been fixed in the said proceedings and the petitioners are entitled for just and necessary compensation.

In any compromise which is entered into before the Lok-Adalath, it is but necessary that the signatures of the counsel as also the parties are obtained both on the joint memo as also in the order sheet. Since the same has not been done I am left with no other option but to allow the above petition by way of the following:

ORDER

(i) The civil revision petition is allowed. Order dated 21.04.2007 passed in LAC No. 33/2007 accepting the compromise is set aside.

(ii) The Member Secretary, Karnataka State Legal Services Authority is directed to issue a circular to all the Member Secretaries across the State and to all Members of the Lok-Adalath to ensure that the signatures of both the counsel and the parties are obtained on the joint memo, as also on the order sheet.

(iii) While doing so, necessary identification papers of the parties would also be required to be taken on record by the Members of - 5 - HC-KAR NC: 2025:KHCD:13745 WP No. 102151 of 2024 the LokAdalath so as to ascertain the identity of

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the persons appearing before the LokAdalath.”

In the light of the issue standing answered by the

Co-ordinate Bench, I deem it appropriate to dispose the petition in the same direction that is rendered by the Coordinate Bench

quoted supra.

Ordered accordingly.

Sd/(M.NAGAPRASANNA) JUDGE

KGK CT:ANB List No.: 1 Sl No.: 16