Karnataka High Court
Sri. Shrimanth Sulemanappa Bagalkot vs The State Of Karnataka on 22 July, 2025
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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WP No. 104711 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF JULY 2025
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 104711 OF 2023 (LA-RES)
BETWEEN:
1. SRI SHRIMANTH SULEMANAPPA BAGALKOT
AGED ABOUT: 44 YEARS, OCC: BUSINESS
R/O: MAIN ROAD, BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
2. SRI NARAYANAPPA S/O SANNAGIRIEPPA DASAR
AGED ABOUT: 65 YEARS, OCC: BUSINESS
R/O: SRI LAXMI NARAYAN BAKERY,
MAIN ROAD, BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
3. SRI PANDURANG S/O SHIVAYYA KUPPA
AGED ABOUT: 65 YEARS, OCC: BUSINESS
R/O: MAIN ROAD, BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
4. SRI FAKKIRAPPA S/O SANNAGIRIEPPA DASAR
AGED ABOUT: 60 YEARS, OCC: COOLIE
Digitally
R/O. MAIN ROAD, BYADAGI.
signed by B
LAVANYA TQ: BYADAGI, DIST: HAVERI.
Location:
HIGH 5. SRI MAHANTGOUDA S/O LINGANAGOUDA PATIL
COURT OF AGED ABOUT: 48 YEARS, OCC: BUSINESS
KARNATAKA R/O: MAIN ROAD BYADAGI
TQ: BYADAGI, DIST: HAVERI.
6. SRI GNYANESHWAR S/O VITTAL GANACHARI
AGED ABOUT: 44 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
7. SRI MALATESH GANAPATEPPA UMAPATHI
AGED ABOUT: 56 YEARS, OCC: BUSINESS
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R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI
8. SRI VEERAPPA S/O SHANKARAPPA YELI
AGED ABOUT: 50 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
9. SRI ABDULKHADAR S/O AHAMMADSAB ATTAR
AGED ABOUT: 55 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
10. SRI SHAMBHU S/O SHIVABASAPPA YELI
AGED ABOUT: 50 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
VARDICHANDA S/O KEVALACHAND JAIN
SINCE DIED BY LR'S
11. TEERATH JAIN
AGED ABOUT: 35 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
12. SMT RADHABAI W/O IRANNA MAGALAD
AGE: 58 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
13. SRI UJJAYYA S/O SIDDAYYA HIREMATH
AGE: 68 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
14. SRI UMESH S/O KAMALAKAR VERNEKAR
AGE: 48 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
15. SRI NINGAPPA S/O RAMANNA JADHAV
AGE: 57 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
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TQ: BYADAGI, DIST: HAVERI.
16. SRI VIJAYALAXMI HEDIYAL
AGE: 50 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
17. SRI RAJAPPA S/O SHESHAPPA JADHAV
AGE: 65 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
18. SRI SANJAYKUMAR S/O PARASMAL JAIN
AGE: 45 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
19. SRI SANKAPPA S/O GUDDAPPA MUDDANNAVAR
AGE: 75 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
20. SRI SURESH S/O LAXMINARAYAN MELAGIRI
AGE: 55 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
21. SRI VIJAYAKUMAR S/O CHANNABASAPPA YELI
AGE: 55 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
22. SRI ASHOK KUMAR NATAMALJI JAIN
AGE: 70 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
23. SRI SHAMBULINGAPPA
S/O DADDABASAPPA SHIRUR
AGE: 72 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
24. SRI SHIVAKUMAR S/O VEERAPPA HOSALLI
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AGE: 52 YEARS, OCC: DOCTOR
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
25. SRI IRAPPA S/O DUNDAPPA YERESIMI
AGE: 54 YEARS, OCC: BUSINESS/AGRICULTURIST
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
26. SRI BASAVARAJ S/O DYAMAPPA UDDYOGANNAVAR
AGE: 56 YEARS, OCC: BUSINESS/AGRICULTURIST
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
27. SRI MURAGEPPA S/O BANGAREPPA KABBUR
AGE: 65 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
28. SRI PARASHURAM S/O LAXMINARAYAN MELAGIRI
AGE: 54 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
29. SRI BEENA B. SHETTAR
AGE: 48 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
30. SRI CHETAN S/O MAHANTAPPA KABBUR
AGE: 48 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
31. SRI SHASHIKALA W/O MAHANTAPPA KABBUR
AGE: 42 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
32. SRI GANAPATI S/O PANDURANG VERNEKAR
AGE: 62 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
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33. SRI UMESH S/O PANDURANG VERNEKAR
AGE: 45 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
34. SRI DATTATREYA S/O PANDURANG VERNEKAR
AGE: 47 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
35. SRI CHANDRASHEKHAR S/O IRABASAPPA SADALAGI
AGE: 73 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
36. SMT KAVITA W/O SUGEERAPPA SHETTAR
AGE: 50 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
37. SMT MAHADEVAMMA W/O MURIGEPPA HOSANGADI
AGE: 64 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
38. SRI SHIVAPPA S/O SUGEERAPPA SHETTAR
AGE: 83 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
SHIVANAGAPPA S/O SHIVALINGAPPA HOSANGADI
DIED BY HIS LRS
39. NAGARTNAMMA W/O SHIVANAGAPPA HOSANGADI
AGE: 64 YEARS, OCC: HOUSE HOLD
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
40. SRI SHIVAYOGI S/O DYAVAPPA HOSAMANI
AGE: 43 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
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41. SMT GOURAMMA D/O GANGADHAR TILAVALLI
AGE: 38 YEARS, OCC: PRIVATE JOB
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
42. SRI MANJUNATH S/O CHIKKAPPA KUDATARKAR
AGE: 50 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
43. SRI HARISH S/O VEERBHADRAYYA AARADHYAMATH
AGE: 32 YEARS, OCC: SERVICE,
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
44. SRI SANJYAKUMAR V. JAIN
AGE: 45 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
45. SRI VANECHAND K JAIN
AGE: 72 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
46. SMT SHANATABAI W/O VANECHAND JAIN
AGE: 65 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
47. SRI MOHAMMEDRAFIQ S/O SAIDUSAB YADAWAD
AGE: 55 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
48. SRI VISHWANATH S/O KOTTRAPPA ANKALAKOTI
AGE: 55 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
49. SRI IMTIYAZ
S/O PATTEAHAMAD PATTESABANAVAR
AGE: 46 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
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TQ: BYADAGI, DIST: HAVERI.
50. SMT LALITA W/O MALLIKARJUN VEERANAGOUDAR
AGE: 65 YEARS, OCC: HOUSEHOLD
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
51. SMT PARVATEVVA
W/O CHANDRASHEKHARAPPA GADAD
AGE: 66 YEARS, OCC: HOUSEWIFE,
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
52. SRI CHANDRASHEKHARAPPA
S/O BASAPPA GADAD
AGE: 72 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
53. SRI KOTTRAPPA S/O SHIVAPPA ANKALAKOTI
AGE: 58 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
54. SRI RAMACHANDRA S/O NARAYANAPPA AGADI
AGE: 68 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
55. SRI MANJUNATH S/O SUBBARAYA RAIKAR
AGE: 62 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
56. SRI SANTOSHGOUDA
S/O VEEPAKSHAGOUDA CHANNAGOUDAR
AGE: 40 YEARS, OCC: SERVICE
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
57. SRI SHANKARAPPA
S/O NARAYANAPPA BONDAMMANAVAR
AGE: 45 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
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TQ: BYADAGI, DIST: HAVERI.
58. SRI KRISHNAJI S/O BASAVANTAPPA SHINDE
AGE: 76 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
59. SRI MALLIKARJUN
S/O SHIVALINGAPPA SANKANNANAVAR
AGE: 52 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
60. SRI MANGALSING S/O PUKARAJSING RAJPUROHIT
AGE: 52 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
61. SRI KRISHNAPPA S/O GANESHEPPA ANCHATAGERI
AGE: 65 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
62. SRI GOPAL S/O GANGAPPA SHETTRA
AGE: 60 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
63. SRI MUSHTAPASHA
S/O BASHEERAHAMMAD MAKANDAR
AGE: 40 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
64. SRI RADHA D/O YELLAPPA HANAGI
AGE: 47 YEARS, OCC: SERVICE,
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
65. SRI MARUTI S/O MALLAPPA HANJIGI
AGE: 56 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
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66. SRI UMESH S/O TECKCHAND JAIN
AGE: 54 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
67. SRI PUTTNINGAPPA S/O BASAPPA CHALAVADI
AGE: 54 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
68. SRI MANOHAR S/O KESHAPPA RATTIHALLI
AGE: 68 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
69. SRI RAGHAVENDRA S/O MANOHAR RATTIHALLI
AGE: 46 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
70. 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.
71. SRI IRANNA S/O PANCHAPPA KATTI
AGE: 68 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
72. SRI DANAPPA S/O MALLIKARJUNAPPA KABBUR
AGE: 50 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
73. SRI MURIGEPPA S/O HUCHHAPPA SHETTAR
AGE: 70 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
74. SRI KOTRABASAPPA S/O SHIVAPPA KOPPAD
AGE: 65 YEARS, OCC: BUSINESS
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R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
75. SRI BASATTEPPA S/O SURENDRAPPA KUBASAD
AGE: 55 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
76. SRI SHIVAYOGEPPA H. WALISHETTAR
AGE: 70 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
77. SRI SHIVABASAPPA P KABBUR
AGE: 60 YEARS, OCC: BUSINESS
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
.....PETITIONERS
(BY SRI.GANGADHAR S. HOSAKERI, ADVOCATE &
SRI. SHIVARAJ P. MUDHOL, ADVOCATE FOR P28, 30, 31 & 73)
AND:
1. THE STATE OF KARNATAKA
REP BY ITS SECRETARY
REVENUE DEPARTMENT (LAND ACQUISITION 1 AND 3)
M.S. BUILDING, BANGALORE-560001.
2. THE STATE OF KARNATAKA
REPRESENTED BY UNDER SECRETARY TO GOVT.,
DEPARTMENT OF PUBLIC WORKS,
FORTS AND INLAND WATER TRANSPORT,
VIKASA SOUDHA, BENGALURU-560001.
3. THE STATE OF KARNATAKA
REPRESENTED BY UNDER SECRETARY TO GOVT.,
REVENUE DEPARTMENT (LAND ACQUISITION 1 AND 3)
M.S. BUILDING, BANGALORE-560001.
4. THE DEPUTY COMMISSIONER
HAVERI, DISTRICT HAVERI- 581110.
5. THE CHIEF ENGINEER
DEPARTMENT OF COMMUNICATION AND BUILDING
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(NORTH) SIR M. VISHVESHWARYA MARGH,
DHARWAD-580001.
6. SUPERINTENDING ENGINEER
DEPARTMENT OF PUBLIC WORKS,
FORTS AND INLAND WATER TRANSPORT,
CIRCLE DHARWAD, TQ AND DIST: DHARWAD-580001.
7. THE CHIEF ENGINEER
PUBLIC WORKS DEPARMENT C & B SOUTH,
K R CIRCLE, BENGALURU
TQ AND DIST: BENGALURU-01.
8. THE EXECUTIVE ENGINEER,
DEPARTMENT OF PUBLIC WORKS,
FORTS AND INLAND WATER TRANSPORT,
DIVISION HAVERI, TQ AND DIST: HAVERI-581110.
9. THE ASSISTANT COMMISSIONER,
AND LAND ACQUISITION OFFICER,
HAVERI SUB-DIVISION,
TQ AND DIST: HAVERI-581110.
10. THE ASSISTANT EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT
HAVERI SUB-DIVISION,
TQ AND DIST: HAVERI-581110.
11. THE TAHSILDAR
BYADAGI, TAHSILDAR OFFICE,
BYADAGI- 581106.
...RESPONDENTS
(BY SRI. SHASHIKIRANSHETTY, AG AND
SRI. M. KESHAV REDDY, AAG &
SRI. P.N. HATTI, HCGP FOR R1-R11)
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 CERTIORARI QUASHING THE
PRELIMINARY NOTIFICATION BEARING NO. DC-HV-
15022(11)/13/2023-HAV-LAQ-HAVERI-DC DATED 27.02.2023 UNDER
SEC 11(1) OF THE LA ACT 2013 FOR ACQUISITION OF THE
PETITIONERS SCHEDULE PROPERTIES VIDE ANNEXURE-F ISSUED BY
THE RESPONDENT NO. 4.
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GAJENDRAGAD TO SORAB
SL. Sl.No. as per Name of the CTS No.
NO. Notification U/Sec Petitioners
11(1) of the LA
Act.
1. 15, 16 Sri. Shrimanth 350A/3C, 350/A/3/2
Sulemanappa
Bagalkote
2. 23, 24 Sri Narayanappa 350C/2B,349A/2B
S/o. Sannagirieppa
Dasar
3. 26 Sri Pandurang S/o. 349/C-2, 348
Shivayya Kuppa
4. 25 Sri Fakkirappa S/o. 349A/2C
Sannagirieppa
Dasar
5. 139 Sri Mahantgouda 238+178/A-2/B
Linganagouda Patil
6. 112 Sri Gnyaneshwar 273
Vittal Ganachari
7. 178, 179, 180 Sri Malatesh 368, 369, 370/16
Ganapateppa
Umapathi
8. 32 Sri Veerappa S/o 482/1-B
Shankarappa Yeli
9. 13 Sri Abdul Khadar 350/A/3A, 350/A-3/1
S/o Ahammadsab
Attar
10. 33, 34 Sri Shambhu S/o 483/B-2,
Shivabasappa Yeli 483/A+483/B-1
11. 73, 74, 75 Sri Vardichanda S/o 304/1, 304/B, 304/A
Kevalachand Jain
12. 170, 171 Smt Radhabai W/o 362/A, 363/A
Iranna Magalad
13. 296 Sri Ujjayya S/o. 1063/C
Siddayya Hiremath
14. 119 Umesh Vernekar 267
15. 77 Ningappa Jhadahav 303/1
16. 69 Vijayalaxmi Hediyal 308
17. 127 Rajappa Jhadhav 252/C
18. 224 Sanjaykumar Jain 411, 408
19. 43 S G Muddannavar 340
20. 256, 257 Suresh Melageri 436, 440
21. 107 Vijayakumar Yeli 227/A
22. 232 Ashok kumar Jain 417/A
23. 230, 231 Shambu Shirur 417/B, 417/C
24. 297 Shivakumar Hosalli 1663/D
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25. 279 Irappa Yeresimi 1010/B
26. 285 Basavraj 1005
Udyogannavar
27. 129 Murageppa Kabbur 251
28. 132 Parasuram Meligeri 244
29. 259 Beena Shettar 443-B
30. 260 Chetan Kabbur 443/A
31. 146 Shashikala Kabbur 234/C/3C2+234/C-
3D-1, 234/C
3/E+234/C-3D/3
32. 38, 39, 246, 247 Ganapati Vernekar 343, 344-3, 429/A,
429/1
33. 125 Umesh Vernekar 253-A
34. 181, 182 Dattatreya Vernekar 370/14, 370/15
35. 163, 118 Chandrashekar 268, 359/B/1B
Sadalagi
36. 228 Kavita Shettar 415
37. 124 Mahadevamma 257-B
Hosangadi
38. 131 Shivappa Shettar 245
39. 123 Nagaratnamma 257-C
Hosangadi
40. 286 Shinayogi Hosamani 1004
41. 277 Gouravva Tilavalli 1011/A-2
42. 250 Manjunath 431
Kudatarkar
43. 251 Harish Aradyamath 432
44. 136 Sanjayakumar Jain 241
45. 73, 74, 75 Vanechand Jain 304/1, 304/B, 304/A
46. 86, 87 Shantabai Jain 296/1, 295/2
47. 242 Mahamad Yadawad 426
48. 99 Vishwanath 283/B
Ankalakoti
49. 208 Imtiyaz 394, 302/B/1-B/2
50. 283, 100 Lalita 283A, 1007/C
Veeranagoudar
51. 265 Parvatevva Gadad 446A/1A
52. 268 Chandrashekharapp 449
a Gadad
53. 222, 248 Kotrappa Ankalakoti 430, 430/A,409
54. 89 Ramachandra 293/B+294/2
Angadi
55. 109 Manjunath Raikar 274+275A/1/1
56. 262, 261 Santoshgouda 444B, 445B
Channagoudar
57. 278 Shankarappa 1010-A
Bandammanavar
58. 51, 52, 53 Krishnaji Shendhe 332, 332/A, 332/B
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59. 128 Mallikarjun 149+250/2
Sankannavar
60. 44 Mangalsing 339/A
Rajpurohit
61. 215 Krishnappa 400+401
Anchatageri
62. 235 Gopal Shettar 419
63. 149, 150, 152 Mustapasha 234C-5A, 234-C-5B,
Makandar 234-C-5-C, 237-A,
237-B, 236+234/C
64. 302 Radha Hanagi 1666/B-1,
65. 29, 30 Maruti Hanjgi 349/A/1B, 350/C/1,
347+481, 346, 367
66. 227, 245 Umesh Jain 428, 441
67. 300, 301 Putaninappa 1666/A, 1667/B
Chalavadi
68. 200 Manohar Rattihalli 383/A-3
69. 197 Raghavendra 382
Rattihalli
70. 154, 155, 156, 158 Beereshwar Panch 1805/A-2, 1805/B,
Samiti 1805/C-1, 1805/C-3
71. 280 Iranna Katti 1009/1
72. 140 Danappa Kabbur 238+178/B
73. 204, 205, 0206,207 Muregeppa Shettar 391, 392/B, 392/A,
393
74. 264 K S Koppad 446-A/2
75. 241 Basateppa Kubasad 425/A
76. 121 Shivayogappa 263
Walishatter
77. 145, 147 Shivabasappa 234/C-
Kabbur 3B+234/C3C/1,
234/C-3/D-2
B. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE
RESPONDENTS AUTHORITIES TO EXAMINE THE AVAILABLE
GOVERNMENT VACANT LAND AS PER ANNEXURE-A MAP AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:9079
WP No. 104711 of 2023
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)
1. This petition is filed by the petitioners seeking to quash the Preliminary Notification bearing No.DC-HAV-15022(11)/13/2023-HAV-LAQ- HAVERI-DC dated 27.02.2023 issued under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquistion, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the Act, 2013) and for consequential reliefs.
2. The petitioners herein are the permanent residents of Byadagi town, Haveri district and involved in their respective business and their shop premises are situated in Byadagi town in the market area. They have constructed their houses and shop buildings and living since several years. The petitioners have been residing peacefully without any interference for several years and have their own business.
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NC: 2025:KHC-D:9079 WP No. 104711 of 2023 HC-KAR
3. This being the state of affairs, respondent No.4- Deputy Commissioner sought for approval from respondent No.2-Government regarding the land acquisition proceedings to be initiated for Gajendaragad- Sorab State Highway for 136 kms in Byadagi town.
4. It is the contention of the learned counsel for the petitioners that the respondents are fully aware of the fact that, the lands now sought to be acquired are not feasible and there is alternate vacant land available, which would be less expensive for the Government and moreover, the private lands of the petitioners would be saved from acquisition proceedings thereby not depriving them of their shelter in the house and livelihood. It is also contended by the learned counsel that there are several hospitals, schools and hotels in the present acquisition proceedings which despite bringing to the notice of the respondents, has not been considered by the authorities. Hence, it is contended that the lands which is now sought to be acquired by way of a Preliminary Notification
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NC: 2025:KHC-D:9079 WP No. 104711 of 2023 HC-KAR requires to be excluded and dropped from the acquisition process. It is the contention of the learned counsel further that, the respondents have not followed the due process of law including the Social Impact Assessment relating to the widening of the State Highway between Gajendragad- Sorab road passing through Byadagi town of Haveri district. It is contended that the Social Impact Assessment and Environmental Impact Assessment is very essential while conducting acquisition process.
5. On the basis of the objections filed by Sri. S.S. Shettar, advocate, respondent No.3-Government directed respondent No.4-Deputy Commissioner to send the modified proposal of present acquisition proceedings and to conduct Social Impact Assessment and consequently, respondent No.4 gave a direction to respondent No.8 to comply with the directions of respondent No.3 and thereafter to submit a report. Respondent No.9-Assistant Commissioner issued a paper publication in Kannada daily NEWS paper dated 17.12.2020 under Section 16(2) of the
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NC: 2025:KHC-D:9079 WP No. 104711 of 2023 HC-KAR Act 2013 calling for public hearing. It is contended that respondent No.3 and 9, thereafter, published a Final Notification dated 14.07.2021 under Section 19(1) of the Act 2013 for acquisition of the schedule properties of the petitioners.
6. This being the state of affairs, the petitioners filed Writ Petition No.116151/2019 and Writ Petition Nos.108344-108411/2020 seeking a writ of mandamus against the authorities. The petitions were allowed and a direction was given to consider the same in accordance with law .
7. It is the vehement contention of the learned counsel for the petitioners that, the respondents have failed to consider the request of the petitioners under Section 4(4)(d) of the Act, 2013 and not conducted the Social Impact Assessment and have issued a Preliminary Notification. It is also contended that the respondents have not bothered to take into consideration the alternate
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NC: 2025:KHC-D:9079 WP No. 104711 of 2023 HC-KAR route being available which would in fact cost less to the respondent-authorities and reduce the financial burden. It is also contended that the petitioners who are having shops and house property which are coming within the acquisition process will be affected and lose their business shelter and livelihood. It is also contended that the action of the respondents is in clear violation of Articles 14, 19 and Article 300A of the Constitution of India and also the Act, 2013. Hence, they have filed the present petition seeking interference of this Court.
8. Learned HCGP for the State and the counsel for other respondents seriously object to the contentions put forth by the petitioners.
9. Per contra, it is the vehement contention of the learned HCGP that the petition is not maintainable for the reasons that the petitioners have questioned the Preliminary Notification of acquisition initiated under Section 11(1) of the Act of 2013. It is further contended
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NC: 2025:KHC-D:9079 WP No. 104711 of 2023 HC-KAR that the lands have been acquired and development has been made to a large extent and 825 meters is left out for development which comes under the city limits of Bayadgi and most of the land losers have accepted the acquisition and are willing to take the compensation.
10. Learned HCGP further contends that the respondents have followed the guidelines of the Geometric Standard for (Rural and Non-urban Highways). It is also contended that the road widening of SH-136 is very much essential for the Bayadagi town because it is the big market for international chilli. Learned HCGP further contends that a Public Interest Litigation was filed by the residents of Byadagi town before this Court in Writ Petition No.7377/2017 which came to be disposed of with a directions to release the necessary funds and construct road as expeditiously as possible. It is contended by the learned AGA that they are conducting the acquisition process in accordance with law by issuing notice and giving a fair hearing opportunity and there are no
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NC: 2025:KHC-D:9079 WP No. 104711 of 2023 HC-KAR irregularities in conducting of the acquisition proceedings. Learned HCGP further contends that it is the discretion and domain of the State in choosing the land for acquisition and development of roads and projects for larger public interest. It is contended by the learned AGA and other respondents that the acquisition process will be conducted by following due process of law without any deviations and violations, as it is imminent for construction of the road on the Highway for the betterment of the public at large including the petitioners, who are residents of the locality, the same is carried out by following due process of law.
11. Learned counsel further contends and submits that they will follow all due process of law including providing notice to the persons effected including the petitioners, consider the objections of the petitioners including looking into the aspect of any alternate road or the availability of a bye-pass road and they will also be heard before passing the orders regarding acquisition and compensation. If at all any of the persons are aggrieved
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NC: 2025:KHC-D:9079 WP No. 104711 of 2023 HC-KAR by such process of acquisition or with regard to compensation amount awarded, they would be at liberty to challenge the same in the manner known to law.
12. I have heard the learned counsel for the petitioners and the learned AGA and the counsel for respondents.
13. What is questioned is the Preliminary Notification issued under Section 11(1) of the Act 2013. It is to be seen that the land acquisition process is conducted for the well fare and well being of the public at large more so for the public purpose for laying of the Highway road in the area mentioned hereinabove and most of the work is completed. Only some portion is to be proceeded further for completing the project. It is also stated that many of them have accepted the compensation.
14. Be that as it may. In view of the submission of the counsel for the respondents, the grievance of the petitioners could be considered by looking into if there is
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NC: 2025:KHC-D:9079 WP No. 104711 of 2023 HC-KAR an alternate route/Byadagi bye-pass road, the representations and the objections so filed by the petitioners, before issuing the Final Notification. As what is now questioned is only a Preliminary Notification, there could be possible that the respondents may consider the objections and drop the proceedings with regard to the lands belonging to the petitioners.
15. It is submitted by the learned counsel for the petitioners that the respondents have agreed in the meeting held at Bayadagi on 10.06.2025 that the respondents would acquire 33 feet from the centre of the road i.e., to the right side and 33 feet from centre of the road to the left side and they would acquire the properties of the petitioners in accordance with the provisions of the Act 2013 and pay compensation at the earliest.
16. Under the circumstances, the respondents shall consider the objections, issue notice to the petitioners by receiving objections already filed and any further
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NC: 2025:KHC-D:9079 WP No. 104711 of 2023 HC-KAR objections from the petitioners, provide them an opportunity of hearing including accepting additional documents that would be filed by the petitioners and pass suitable orders in accordance with law.
17. Accordingly, I pass the following ORDER i. This petition is disposed of.
ii. A direction is issued to the respondents-
authorities to consider the objections statement already filed and any further objections that would be filed by the petitioners, provide the petitioners an opportunity of hearing, accept additional documents, if any, filed by the petitioners and grievances within a period of two weeks from the date of receipt of copy of the order and pass suitable orders in accordance with law.
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NC: 2025:KHC-D:9079 WP No. 104711 of 2023 HC-KAR iii. The respondents shall not take coercive action till consideration of the objections filed by the petitioners and if any filed within one week form the date of receipt of a copy of this order. The respondents shall follow the principles of natural justice before passing any further orders.
Sd/-
(PRADEEP SINGH YERUR) JUDGE kmv CT-MCK