Mallikarjun S Sankannavar Vs the State of Karnataka

¶1

1 -

¶2

NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 2^ND DAY OF FEBRUARY, 2026 BEFORE

¶5

THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 109908 OF 2025 (LA-RES)

¶6

C/W

¶7

WRIT PETITION NO. 100356 OF 2026 (LA-RES)

¶8

IN WP NO. 109908/2025

¶9

BETWEEN:

¶10

MALLIKARJUN S. SANKANNAVAR, AGE: 52 YEARS, OCC: BUSINESS, R/O. MAIN ROAD, BYADAGI, DIST: HAVERI.

¶11

SRI. RAJAPPA S/O. SHESHAPPA JADHAV, AGE: 65 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶12

MANJANNA E

¶13

Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.05 11:01:15 +0530

¶14

SRI. MOHAMMEDRAFIQ S/O. SAIDUSAB YADAWAD, AGE: 55 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶15

SRI. PUTTNINGAPPA S/O. BASAPPA CHALAVADI, AGE: 54 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶16

SMT. VIJAYALAXMI HEDIYAL, AGE: 50 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶17

2 -

¶18

NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶19

HC-KAR

¶20

MRUTHUNJAYA H. HEDIYAL, AGE: 40 YEARS, OCC: BUSINESS, R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.

¶21

SRI. MAHANTGOUDA S/O. LINGANAGOUDA PATIL, AGED ABOUT 48 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI,

¶22

TQ: BYADAGI, DIST: HAVERI.

¶23

SRI. MANGALSING S/O. PUKARAJSING RAJPUROHIT, AGE: 52 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶24

SRI. MALATESH GANAPATEPPA UMAPATHI, AGED ABOUT 56 YEARS, OCC: BUSINESS,

¶25

R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶26

SRI. VEERAPPA S/O. SHANKARAPPA YELI, AGED ABOUT 50 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶27

SMT. SHANATABAI W/O. VANECHAND JAIN, AGE: 65 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶28

SRI. VANECHAND K. JAIN, AGE: 72 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶29

SRI. SANJYAKUMAR V. JAIN, AGE: 45 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI,

¶30

3 - NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶31

HC-KAR

¶32

TQ: BYADAGI, DIST: HAVERI.

¶33

SRI. VIJAYAKUMAR S/O. CHANNABASAPPA YELI, AGE: 55 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI,

¶34

TQ: BYADAGI, DIST: HAVERI.

¶35

SRI. MANJUNATH S/O. SUBBARAYA RAIKAR, AGE: 62 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶36

KAVITA H. ANAVERI, AGE: 48 YEARS, OCC: HOUSEHOLD WORK, R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.

¶37

SRI. SHRIMANTH SULEMANAPPA BAGALKOT, AGED ABOUT 44 YEARS, OCC: BUSINESS, R/O: MAIN ROAD, BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶38

SRI. ABDULKHADAR S/O. AHAMMADSAB ATTAR, AGED ABOUT 55 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶39

SRI. MANJUNATH S/O. BIKKAPPA KUDATARKAR, AGE: 50 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶40

SRI. SANJAYKUMAR S/O. PARASMAL JAIN,

¶41

AGE: 45 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶42

4 - NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶43

HC-KAR

¶44

SRI. IMTIYAZ S/O. PATTEAHAMAD PATTESABANAVAR, AGE: 46 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶45

SRI. GOPALKRISHNA S/O. GANGAPPA SHETTRA, AGE: 60 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶46

SRI. VISHWANATH

¶47

S/O. KOTTRAPPA ANKALAKOTI, AGE: 55 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶48

SIDDALINGAPPA C .GOKAVI, AGE: 55 YEARS, OCC: BUSINESS, R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.

¶49

SRI. SHANKARAPPA S/O. NARAYANAPPA BONDAMMANAVAR, AGE: 45 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶50

SRI. KOTTRAPPA

¶51

S/O. SHIVAPPA ANKALAKOTI, AGE: 58 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI,

¶52

TQ: BYADAGI, DIST: HAVERI.

¶53

SRI. UMESH S/O. TECKCHAND JAIN, AGE: 54 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶54

5 - NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶55

HC-KAR

¶56

ASHOK JAIN, AGE: 72 YEARS, OCC: BUSINESS, R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.

¶57

SRI. CHANDRASHEKHAR

¶58

S/O. IRABASAPPA SADALAGI, AGE: 73 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶59

SRI. UMESH S/O. KAMALAKAR VERNEKAR, AGE: 48 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶60

SRI. HARISH

¶61

S/O. VEERBHADRAYYA AARADHYAMATH, AGE: 32 YEARS, OCC: SERVICE, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶62

SRI. SANKAPPA S/O. GUDDAPPA MUDDANNAVAR, AGE: 75 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶63

GIRIJAVVA M. JOLAD, AGE: 40 YEARS, OCC: BUSINESS, R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.

¶64

SRI. NINGAPPA S/O. RAMANNA JADHAV, AGE: 57 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶65

6 -

¶66

NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶67

HC-KAR

¶68

35. SRI. KOTRABASAPPA S/O. SHIVAPPA KOPPAD,

¶69

AGE: 65 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶70

SRI. MUSHTAPASHA S/O. BASHEERAHAMMAD MAKANDAR, AGE: 40 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶71

SRI. SHIVAPPA S/O. SUGEERAPPA SHETTAR, AGE: 83 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶72

SMT. KAVITA W/O. SUGEERAPPA SHETTAR, AGE: 50 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI,

¶73

TQ: BYADAGI, DIST: HAVERI.

¶74

SHIVANAGAPPA

¶75

S/O. SHIVALINGAPPA HOSANGADI DIED BY HIS LRS NAGARTNAMMA W/O. SHIVANAGAPPA HOSANGADI, AGE: 64 YEARS, OCC: HOUSE HOLD, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶76

SMT. MAHADEVAMMA W/O. MURIGEPPA HOSANGADI, AGE: 64 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶77

7 -

¶78

NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶79

HC-KAR

¶80

SRI. FAKKIRAPPA S/O. SANNAGIRIEPPA DASAR, AGED ABOUT 60 YEARS, OCC: COOLIE, R/O. MAIN ROAD, BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶81

SRI. NARAYANAPPA S/O. SANNAGIRIEPPA DASAR, AGED ABOUT 65 YEARS, OCC: BUSINESS, R/O: SRI. LAXMI NARAYAN BAKERY, MAIN ROAD, BYADAGI,

¶82

TQ: BYADAGI, DIST: HAVERI.

¶83

SRI. PANDURANG S/O. SHIVAYYA KUPPA, AGED ABOUT 65 YEARS, OCC: BUSINESS, R/O: MAIN ROAD, BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶84

FAKARUSAB P. DODDAMANI, AGE: 70 YEARS, OCC: BUSINESS, R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.

¶85

SRI. BASAVARAJ S/O. SURENDRAPPA KUBASAD, AGE: 55 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶86

SHREE BEERESHWAR PANCH SAMITI R/BY ITS PRESIDENT CHIKKAPPA S/O. GUDDAPPA HADIMANI, AGE: 72 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶87

PRAKASH J. SHIRAWADKAR, AGE: 37 YEARS, OCC; BUSINESS,

¶88

R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.

¶89

8 - NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶90

HC-KAR

¶91

MOHANDAS J. SHIRAWADAKAR, AGE: 34 YEARS, OCC: BUSINESS, R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.

¶92

SRI. SHIVAYOGI S/O. DYAVAPPA HOSAMANI, AGE: 43 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶93

SRI. PARASHURAM S/O. LAXMINARAYAN MELAGIRI, AGE: 54 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶94

SMT. GOURAMMA

¶95

D/O. GANGADHAR TILAVALLI, AGE: 38 YEARS, OCC: PRIVATE JOB, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶96

SRI. SANTOSHGOUDA S/O. VEEPAKSHAGOUDA CHANNAGOUDAR, AGE: 40 YEARS, OCC: SERVICE, R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI.

¶97

SMT. RADHABAI W/O. IRANNA MAGALAD, AGE: 58 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶98

SRI. RAMACHANDRA S/O. NARAYANAPPA AGADI, AGE: 68 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶99

9 - NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶100

HC-KAR

¶101

SRI .DANAPPA S/O. MALLIKARJUNAPPA KABBUR, AGE: 50 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶102

SUBHASHA G. AGADI, AGE: 60 YEARS, OCC: BUSINESS, R/O MAIN ROAD, BYADAGI, DIST: HAVERI.

¶103

SRI. GNYANESHWAR S/O. VITTAL GANACHARI, AGED ABOUT 44 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶104

SRI. CHANDRASHEKHARAPPA S/O. BASATTEPPA GADAD, AGE: 72 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶105

SMT. PARVATEVVA W/O. CHANDRASHEKHARAPPA GADAD, AGE: 66 YEARS, OCC: HOUSEWIFE, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶106

SRI. KRISHNAPPA S/O. GANESHEPPA ANCHATAGERI, AGE: 65 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶107

SRI. VARDICHANDA S/O. KEVALACHAND JAIN, SINCE DIED BY LR’S

¶108

TEERATH JAIN

¶109

10 -

¶110

NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶111

HC-KAR

¶112

AGED ABOUT 35 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶113

AMBALAL T. JAIN,

¶114

AGE: 55 YEARS, OCC: BUSINESS, R/O MAIN ROAD, BYADAGI, DIST: HAVERI.

¶115

SMT. LALITA W/O. MALLIKARJUN VEERANAGOUDAR, AGE: 65 YEARS, OCC:HOUSEHOLD, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶116

SHASHIDHAR G. TILAAVALLI, AGE: 38 YEARS, OCC: BUSINESS, R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.

¶117

SRI. IRAPPA S/O. DUNDAPPA YERESIMI, AGE: 54 YEARS, OCC: BUSINESS/ AGRICULTURIST, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶118

SRI. RAGHAVENDRA S/O. MANOHAR RATTIHALLI, AGE: 46 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶119

SRI. MANOHAR S/O. KESHAPPA RATTIHALLI, AGE: 68 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶120

GIRISH K. SHINDE, AGE: 49 YEARS, OCC: BUSINESS,

¶121

11 -

¶122

NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶123

HC-KAR

¶124

R/O: MAIN ROAD, BYADAGI,

¶125

DIST: HAVERI.

¶126

SRI. UMESH S/O. PANDURANG VERNEKAR, AGE: 45 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶127

SRI. SURESH S/O. LAXMINARAYAN MELAGIRI, AGE: 55 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶128

SRI. BASAVARAJ S/O. DYAMAPPA UDDYOGANNAVAR, AGE: 56 YEARS, OCC: BUSINESS/AGRICULTURIST, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶129

RADHAKRISHNA G. RATTIHALLI, AGE: 75 YEARS, OCC: BUSINESS, R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.

¶130

SRI. GANAPATI S/O. PANDURANG VERNEKAR, AGE: 62 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶131

SRI. DATTATREYA S/O. PANDURANG VERNEKAR, AGE: 47 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶132

SRI. SHIVAKUMAR S/O. VEERAPPA HOSALLI, AGE: 52 YEARS, OCC: DOCTOR,

¶133

12 -

¶134

NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶135

HC-KAR

¶136

R/O: MAIN ROAD BYADAGI,

¶137

TQ: BYADAGI, DIST: HAVERI.

¶138

SRI. IRANNA S/O. PANCHAPPA KATTI, AGE: 68 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶139

SMT. RADHA D/O. YELLAPPA HANAGI, AGE: 47 YEARS, OCC: SERVICE, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶140

PRAKASH M. JAIN, AGE: 72 YEARS, OCC: BUSINESS, R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.

¶141

LAXMIKANTH N. RATTIHALLI, AGE: 70 YEARS, OCC: BUSINESS, R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.

¶142

SRI. SHAMBULINGAPPA S/O. DADDABASAPPA SHIRUR,

¶143

AGE: 72 YEARS, OCC: BUSINESS, R/O: MAIN ROAD BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶144

SHIVAYOGEPPA H. WALISHETTAR, AGE: 65 YEARS, OCC: BUSINESS, R/O: MAIN ROAD, BYADAGI DIST: HAVERI.

¶145

MUREGEPPA B. KABBUR, AGE: MAJOR, OCC: BUSINESS, R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.

¶146

BEEN B. SHETTAR, AGE: MAJOR, OCC: BUSINESS,

¶147

13 -

¶148

NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶149

HC-KAR

¶150

R/O: MAIN ROAD, BYADAGI,

¶151

DIST: HAVERI.

¶152

KAILASHNATH V. ARADHYAMATH, AGE: 65 YEARS, OCC: BUSINESS, R/O: MAIN ROAD, BYADAGI.

¶153

SMT. ANNAPOORNAMMA W/O. SHIVANANDDAYYA KATTIGIHALLIMATH, AGE: 68 YEARS, OCC: BUSINESS, R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.

¶154

NEHA

¶155

W/O. MURAGESH NELAVIGI, AGE: 50 YEARS, OCC: BUSINESS, R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.

¶156

…PETITIONERS

¶157

(BY SRI. LINGRAJ MARADI, ADVOCATE)

¶158

AND:

¶159

THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT (LAND ACQUISITION 1 AND 3) M.S. BUILDING, BANGALORE-560 001.

¶160

THE STATE OF KARNATAKA, REPRESENTED BY UNDER SECRETARY TO GOVT., DEPARTMENT OF PUBLIC WORKS, FORTS AND INLAND WATER TRANSPORT, VIKASA SOUDHA, BENGALURU-560001.

¶161

THE STATE OF KARNATAKA, REPRESENTED BY UNDER SECRETARY TO GOVT., REVENUE DEPARTMENT (LAND ACQUISITION 1 AND 3) M.S. BUILDING, BANGALORE-560001.

¶162

THE DEPUTY COMMISSIONER,

¶163

14 -

¶164

NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶165

HC-KAR

¶166

HAVERI, DISTRICT HAVERI- 581110.

¶167

THE CHIEF ENGINEER, DEPARTMENT OF COMMUNICATION AND BUILDING (NORTH) SIR M. VISHVESHWARYA MARGH, DHARWAD-580001.

¶168

SUPERINTENDING ENGINEER, DEPARTMENT OF PUBLIC WORKS, FORTS AND INLAND WATER TRANSPORT, CIRCLE DHARWAD,

¶169

TQ AND DIST: DHARWAD-580001.

¶170

THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT C & B SOUTH, K R CIRCLE, BENGALURU, TQ AND DIST: BENGALURU.

¶171

THE EXECUTIVE ENGINEER, DEPARTMENT OF PUBLIC WORKS, FORTS AND INLAND WATER TRANSPORT, DIVISION HAVERI,

¶172

TQ AND DIST: HAVERI-581110.

¶173

THE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER, HAVERI SUB-DIVISION, TQ AND DIST: HAVERI-581110.

¶174

THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, HAVERI SUB-DIVISION,

¶175

TQ AND DIST: HAVERI.

¶176

THE TAHSILDAR, BYADAGI, TAHSILDAR OFFICE, BYADAGI- 581106.

¶177

VARTAKARA SANGHA, BYADAGI, APMC YARD, BYADAGI, TQ: BYADAGI,

¶178

15 -

¶179

NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶180

HC-KAR

¶181

DIST: HAVERI, R/P BY ITS PRESIDENT, SURESH B. PATIL, AGE: 76 YEARS, OCC: BUSINESS, R/O. BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶182

VARTAKARA SANGHA, BYADAGI, APMC YARD, BYADAGI, TQ: BYADAGI, DIST: HAVERI, R/P BY ITS HONORARY SECRETARY, VEERABHADRAPPA MORIGERI AGE: 57 YEARS, OCC: BUSINESS, R/O. BYADAGI, TQ: BYADAGI, DIST: HAVERI.

¶183

…RESPONDENTS

¶184

(BY SRI. GANGADHAR J.M. AAG AND SRI. PRAVEEN K. UPPAR, AGA FOR R1 TO R11; SRI. F.V. PATIL, ADVOCATE FOR PROPOSED RESPONDENTS NO.12 & 13)

¶185

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE FINAL NOTIFICATION UNDER SECTION 19(1) OF THE RFCTLARR ACT 2013 BEARING NO.RD.03 AQD 2023 DATED 29.09.2025 UNDER SECTION 11 (1) OF THE LA ACT 2013 FOR ACQUISITION OF THE PETITIONERS SCHEDULE PROPERTIES VIDE ANNEXURE-J ISSUED BY THE RESPONDENT NO.4. REGARDING PETITIONERS LANDS ARE CONCERNED AND ETC:

¶186

IN WP NO. 100356/2026 BETWEEN:

¶187

SRI. CHETAN S/O. MAHANTAPPA KABBUR, AGE: 45 YEARS, OCC: BUSINESS, R/O. MAIN ROAD BYADAGI, TALUK: BYADAGI, DISTRICT: HAVERI.

¶188

SMT. SHASHIKALA W/O. MAHANTAPPA KABBUR,

¶189

AGE: 62 YEARS, OCC: HOUSEHOLD WORK,

¶190

16 -

¶191

NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶192

HC-KAR

¶193

R/O. MAIN ROAD BYADAGI,

¶194

TALUK: BYADAGI, DISTRICT: HAVERI.

¶195

SRI. MURAGEPPA S/O. HUCHHAPPA SHETTAR, AGE: 70 YEARS, OCC: BUSINESS, R/O. MAIN ROAD BYADAGI, TALUK: BYADAGI, DISTRICT: HAVERI.

¶196

SRI JAYADEVAPPA S/O. HUCHHAPPA SHETTAR, AGE: 68 YEARS, OCC: BUSINESS, R/O. MAIN ROAD BYADAGI, TALUK: BYADAGI, DISTRICT: HAVERI.

¶197

...PETITIONERS

¶198

(BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE)

¶199

AND:

¶200

THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT (LAND ACQUISITION 1 AND 3) M.S. BUILDING, BANGALORE-560 001.

¶201

THE STATE OF KARNATAKA, REPRESENTED BY UNDER SECRETARY TO GOVT., DEPARTMENT OF PUBLIC WORKS, FORTS AND INLAND WATER TRANSPORT, VIKASA SOUDHA, BENGALURU-560001.

¶202

THE STATE OF KARNATAKA, REPRESENTED BY UNDER SECRETARY, REVENUE DEPARTMENT (LAND ACQUISITION 1 AND 3) M.S. BUILDING, BANGALORE-560001.

¶203

THE DEPUTY COMMISSIONER, HAVERI, DISTRICT HAVERI- 581110.

¶204

THE CHIEF ENGINEER,

¶205

17 -

¶206

NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶207

HC-KAR

¶208

DEPARTMENT OF COMMUNICATION AND BUILDING (NORTH) SIR M. VISHVESHWARYA MARGH, DHARWAD-580001.

¶209

THE SUPERINTENDING ENGINEER, DEPARTMENT OF PUBLIC WORKS, FORTS AND INLAND WATER TRANSPORT, CIRCLE DHARWAD, DIST: DHARWAD-580001.

¶210

THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT C & B SOUTH, KR CIRCLE, BENGALURU, TQ AND DIST: BENGALURU.

¶211

THE EXECUTIVE ENGINEER, DEPARTMENT OF PUBLIC WORKS, FORTS AND INLAND WATER TRANSPORT, DIVISION HAVERI, TALUK: HAVERI, DIST: HAVERI-581110.

¶212

THE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER, HAVERI SUB-DIVISION, TALUK: HAVERI, DIST: HAVERI-581110.

¶213

THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, HAVERI SUB-DIVISION, TALUK: HAVERI, DIST: HAVERI-581110.

¶214

THE TAHSILDAR, BYADAGI, TAHSILDAR OFFICE, BYADAGI- 581106, DIST: HAVERI.

¶215

...RESPONDENTS

¶216

(BY SRI. GANGADHAR J.M. AAG AND SRI. PRAVEEN K. UPPAR, AGA)

¶217

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A

¶218

18 - NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶219

HC-KAR

¶220

WRIT IN THE NATURE OF CERTIORARI QUASHING THE FINAL NOTIFICATION ON 29/09/2025 IN BEARING NO. RD 03 AQD 2023 PASSED BY THE 3^RD RESPONDENT IS PRODUCED AND MARKED AT ANNEXURE-M. IN THE INTEREST OF JUSTICE AND EQUITY IN SO FAR AS PETITIONER ARE CONCERNED ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NOT TO TAKE ANY COERCIVE STEPS AGAINST THE PETITIONERS AND ETC.

¶221

THESE WRIT PETITIONS ARE COMING ON FOR ORDER THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶222

CORAM: HON'BLE MRS JUSTICE K.S.HEMALEKHA

¶223

ORAL ORDER

¶224

With consent of learned counsel appearing for both the parties, the writ petitions are taken up together and are disposed of by a common order.

¶225

The petitioners, who are the owners of shops/residential properties situated abutting State Highway No.136, Gajendragad-Sorab Road (At Byadagi town), have sought to quash the acquisition proceedings including the final notification issued under Section 19 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013 (‘Act, 2013’ for short).

¶226

19 -

¶227

NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶228

HC-KAR

¶229

Learned counsel for the petitioners submits that they

¶230

are not opposed to acquisition per-se or to the widening of State Highway No.136. Their grievance is confined to the manner in which the acquisitions proceedings have been conducted, allegedly in violation of the mandatory safeguards under the Act, 2013. It is contended that the final notification issued under Section 19 of the Act, 2013 is liable to be quashed, as the statutory preconditions preceding such declaration have not been satisfied in letter and spirit.

¶231

Sri. Shivraj Mudhol, learned appearing for the petitioners in W.P.No.100356/2026 in addition, places reliance on Sections 15, 16 and 17 of the Act, 2013 and submits that:

¶232

i. Objections filed by the petitioners were not meaningfully considered.

¶233

20 -

¶234

NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶235

HC-KAR

¶236

ii. The authorities failed to examine the feasibility of alternative Government vacant land, though specifically pointed out by the petitioners.

¶237

iii. The statutory enquiry contemplated under Section 15 was reduced to an empty formality.

¶238

It is urged that the scheme of Sections 15 to 17 of the Act, 2013 mandates a genuine application of mind by the Land Acquisition Officer, especially when objections relate to displacement of livelihood and existence of available alternatives which has not been adhered to. Though Section 31A has been invoked for passing lump sum award, the petitioners contend that invocation is mechanical and consequential to an invalid acquisition, and therefore cannot cure foundational defects in the acquisition proceedings.

¶239

Learned counsel for the petitioners places reliance on the on Estate Officer, Haryana Urban

¶240

21 -

¶241

NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶242

HC-KAR

¶243

Development Authority and Others Vs. Nirmala

¶244

Devi¹ (Nirmala Devi) to contend that when the land is acquired for any public purpose, the person whose land is taken away is entitled to appropriate compensation in compensation with the settled principles of law. The scheme of rehabilitation under Section 31A of Act, 2013 had to be applied.

¶245

Per contra , learned AAG for the respondent-State submits that the acquisition is strictly in accordance with the statutory scheme. He submits that the acquisition proceedings was in strict compliance with the scheme of Act 2013 particularly i) Chapter II of Section 4, ii) Chapter III and iii) Chapter III-A (Section 10A,) iv) Chapter V, culminating in issuance of a preliminary notification consideration of objections and issuance of final notification under Section 19.

¶246

1 Civil.Appeal.No.7707/2025 D.D 14.07.2025

¶247

22 -

¶248

NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶249

HC-KAR

¶250

Chapter II Section 4 of the Act, he submits that

¶251

Section 4 forms foundational step in the acquisition process and that in the present case, the statutory framework contemplated under Chapter II stands complied with subject to the permissible exceptions. He further submits that Chapter III regulates acquisition of irrigated, multicrop and agricultural land ensuring that such acquisition is restricted and balanced by safeguard and submits that Chapter III does not prohibit acquisition but only regulates it and the acquisition in question, does not offend the protective intent underlying this Chapter. He further submits that the present project being a roadhighway infrastructure project squarely covers falls within Chapter III-A (Section 10A). A valid exemption has been granted and consequently the petitioners cannot insist upon full compliance with the provisions that stand statutorily exempted.

¶252

23 -

¶253

NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶254

HC-KAR

¶255

Further, submits that the objections were invited and considered in accordance with Chapter V. The statute does not mandate the acceptance of objections, but only due consideration and mere dissatisfaction with the outcome does not vitiate the acquisition and he submits that when statutory scheme is read holistically, the acquisition progressed through foundational framework, regulatory safeguards, the permissible exemptions and the objection hearing mechanism culminating in issuance of final notification under Section 19 and passing of the award under Section 31A. Accordingly, submits that the acquisition is in strict conformity with the scheme of Act, 2013.

¶256

Learned AAG submits that the award has already been passed under Section 31A, which contains a non-obstante clause. Further the constitutional validity of Section 31A has not been questioned by the petitioners. Further, the several petitioners have

¶257

24 -

¶258

NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶259

HC-KAR

¶260

accepted part from the compensation thereby

¶261

disentitling them from challenging the acquisition. Reliance is placed on Rule 34 of the Karnataka Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2015, contending that once exemption provision applies, the procedural rigor complained of by the petitioner does not survive.

¶262

Reliance is placed on the following decisions:

¶263

i. Jigarbhai Amrathbai Patel Vs. State of

¶264

Gujarat² (Jigarbhai) , wherein Sections 10A and 31A were upheld

¶265

ii. State of Gujarat Vs. Musamigan Imam Haider Bux Razv and Another³ (Musamigan) , on the scope of judicial review in acquisition matter.

¶266

2 2019 SCC Online Guj 6988

¶267

3 (1976) 3 SCC 536

¶268

25 -

¶269

NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶270

HC-KAR

¶271

iii. Merugu Narsaiah and Others Vs. State of Telangana rep. by its Princiapl Secretary

¶272

and Others⁴ (Merugu Narsaiah) reiterating that the Court should not interfere once the acquisition proceedings are completed except on patent illegality.

¶273

It is argued that policy decisions relating to alignment with the frauds and feasibility fall within the executive domain and cannot be substituted by judicial opinion.

¶274

Learned counsel for the impleading applicants contend that they are direct stakeholders and beneficiaries of the road widening projects which impact trade, transport, safety and public access in Byadagi town. It is submitted that the writ petitions, if allowed would adversely affect commercial activity, public infrastructure and therefore applicants’ presence is necessary for complete and effective

¶275

4 2020 SCC Online TS 536

¶276

26 -

¶277

NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶278

HC-KAR

¶279

adjudication. It is submitted that the acquisition is undertaken for larger public purpose and objections seeking alteration of alignment or abandonment of the project cannot override public interest.

¶280

Having heard the learned counsel on both sides, the point that arises for consideration is:

¶281

“Whether the petitioners have made out a case for interference with the acquisition proceedings culminating in a final notification issued under Section 19 of Act, 2013?”

¶282

The acquisition in question is for widening of State Highway No.136, a vital arterial road passing through a densely populated and commercially active area. The material on record demonstrates that the project is intended to decongest traffic, improve road safety, ensure smoother movement of goods and services, and facilitate public services and public accesses. Such objectives clearly fall within the ambit of a larger public purpose under Act, 2013 Act.

¶283

27 -

¶284

NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶285

HC-KAR

¶286

Infrastructure projects relating to roads and

¶287

highways stand on a distinct footing. They are undertaken not for the benefit of a few individuals but the collective benefit of the public at large including commuters, traders, emergency services and general populace. Any delay or obstruction in execution of such process has a cascading adverse impact on public interest. The Court cannot lose sight of the fact that planning, alignment, width and execution of highways involve technical and policy consideration. Chapter II of the Act, 2013, particularly Section 4, provides the foundational basis for initiation of acquisition proceedings, subject to exemption permissible under the Act. Chapter III envisages that the acquisition does not offend the regulatory safeguards which are intended to balance competing interests while permitting acquisition for legitimate public purpose.

¶288

28 -

¶289

NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶290

HC-KAR

¶291

As stated supra , the project in question, being a road-highway infra project, falls within the ambit of Chapter III-A of Act, 2013 and the invocation of Section 10A, granting exemption for certain procedural requirements is found to be statutorily permissible. The validity of Section 10A has not been specifically assailed before this Court. Chapter V relates to hearing and consideration of objections. The grievance of the petitioners is that the objections have not been adhered to. The statute mandates consideration of objection, but does not confer a right to have such objections accepted. Mere disagreement with the outcome does not vitiate the acquisition. The acquisition has been culminated in issuance of final notification under Section 19, followed by the passing of award under Section 31A.

¶292

Section 31A of Act, 2013 contains a non-obstante clause, and its validity has neither been questioned nor shown to be unconstitutional. Reliance on the

¶293

29 -

¶294

NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶295

HC-KAR

¶296

decision of Nirmala Devi 's is distinguishable. The Apex Court in Nirmala Devi 's case has held that if the land is required for any public purpose, law permits the Government or any instrumentality of Government to acquire in accordance with the provision of the Land Acquisition Act or any other State Act enacted for the purpose of acquisition . It is only in the rarest of rare cases that the Government may consider floating any scheme for rehabilitation of the displaced person over and above paying them compensation in terms of money .

¶297

Thus making it clear that Section 31A permits payment of compensation and scheme of rehabilitation can be floated by the Government only in rarest of rarest cases. In the present case, the petitioners have not placed any material to show that they fall under the rarest of rare cases for the Government to consider floating in scheme for rehabilitation of the displaced persons.

¶298

30 -

¶299

NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶300

HC-KAR

¶301

It is also stated that some of the petitioners have participated in award proceedings and accepted part compensation. Be that as it may, this Court further finds that the acquisition is for the larger public purpose namely widening of the State Highway, which subserve public safety, traffic deconsumption and improved connectivity. Infrastructure projects of this nature are undertaken in overriding public interest and the scope of judicial review in such matter is necessarily limited. The plea relating to availability of an alternative alignment essentially calls for substitution of the Court's opinion in place of that of the competent authority on matters involving technical and policy consideration, which is impermissible in exercise of writ jurisdiction.

¶302

The Apex Court in the case of Musamigan , has held at paragraph No.3 has under:

¶303

“3. Although two important points were raised in the aforesaid writ petitions viz. (1)

¶304

31 -

¶305

NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶306

HC-KAR

¶307

whether the acquisition of land for cooperative housing society is a public purpose and (2) whether the Government could cancel the notification dated April 29, 1963 issued by it under Section 6 of the Act and issue a fresh notification dated April 28, 1966 under the said section of the Act, the first point does not survive and has rightly not been canvassed before us in view of the decisions of this Court in Ratilal Shankerbhai v. State of Gujarat, Pandit Jhandu Lal v. State of Punjab and Ram Swarup v. Land Acquisition Officer, Aligarh. In these cases, it has been made clear that ordinarily the Government is the best authority to determine whether the purpose in question is a public purpose or not; it cannot be contended that a housing scheme for a limited number of persons cannot be considered as a public purpose; and the need of a section of the public may be a public purpose.”

¶308

Emphasis supplied

¶309

The Apex Court has held that selection of land and determination of suitability of acquisition are primarily within the domain of the executed and the Court should not interfere unless there is a clear illegality or mala fides . Judicial review does not

¶310

32 -

¶311

NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶312

HC-KAR

¶313

extend to substituting the Court's opinion for that of

¶314

the acquiring authority.

¶315

The Gujarat High Court in Jigarbhai upheld the validity of Section 10A and Section 31A of Act, 2013, recognizing the legislative intent to facilitate timely completion of infrastructure projects and held that once compensation is determined and award is passed, interference with acquisition is unwarranted, save in exceptional cases. The Telangana High Court in Merugu Narsaiah’s case has held that public infrastructure projects cannot be stalled at the instance of individual landowners when statutory procedure has been followed and remedies against the award are available under the Act.

¶316

In view of the above, this Court finds no patent illegality, arbitrariness or violation of mandatory statutory provisions warranting interference with the acquisition proceedings and accordingly the point for consideration is answered. However, the statutory

¶317

33 -

¶318

NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026

¶319

HC-KAR

¶320

right of the petitioners, if any, to challenge the award

¶321

or the determination of compensation in the manner known to law remains expressly preserved and for the foregoing reasons, this Court pass the following:

¶322

ORDER

¶323

i. The writ petitions are dismissed .

¶324

ii. However, it is made clear that the petitioners are at liberty to challenge the award including the determination of compensation in accordance with law, if so advised.

¶325

Pending IAs, if any, would not survive for

¶326

consideration.

¶327

Sd/JUSTICE K.S.HEMALEKHA

¶328

AT CT:VH LIST NO.: 1 SL NO.: 42

Mallikarjun S Sankannavar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mallikarjun S Sankannavar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Dr. Tejappa B Allolli S/O Bhiwappa T Allolli Vs the State of Karnataka

The Management of West Coast Paper Mills Ltd. Vs the Assistant Labour Commissioner

Prakash S/O Dinakar Patil Vs the State of Karnataka

The Karnataka State Board of Auqaf Vs the State of Karnataka

Sri. Laxman Basappa Pattar Vs the State of Karnataka

Sri Maktum Hussain S/O Rajesab Manvi Vs the Management of Nwkrtc