Karnataka High Court
Mallikarjun S Sankannavar vs The State Of Karnataka on 2 February, 2026
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WP No. 109908 of 2025
C/W WP No. 100356 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
DATED THIS THE 2ND DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
WRIT PETITION NO. 109908 OF 2025 (LA-RES)
C/W
WRIT PETITION NO. 100356 OF 2026 (LA-RES)
IN WP NO. 109908/2025
BETWEEN:
1. MALLIKARJUN S. SANKANNAVAR,
AGE: 52 YEARS, OCC: BUSINESS,
R/O. MAIN ROAD, BYADAGI,
DIST: HAVERI.
2. SRI. RAJAPPA S/O. SHESHAPPA JADHAV,
AGE: 65 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
3. SRI. MOHAMMEDRAFIQ
MANJANNA S/O. SAIDUSAB YADAWAD,
E AGE: 55 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
Digitally signed by
MANJANNA E TQ: BYADAGI, DIST: HAVERI.
Location: HIGH COURT
OF KARNATAKA
DHARWAD BENCH
Date: 2026.02.05 11:01:15
+0530 4. SRI. PUTTNINGAPPA
S/O. BASAPPA CHALAVADI,
AGE: 54 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
5. SMT. VIJAYALAXMI HEDIYAL,
AGE: 50 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
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6. MRUTHUNJAYA H. HEDIYAL,
AGE: 40 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.
7. SRI. MAHANTGOUDA
S/O. LINGANAGOUDA PATIL,
AGED ABOUT 48 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
8. SRI. MANGALSING
S/O. PUKARAJSING RAJPUROHIT,
AGE: 52 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
9. SRI. MALATESH GANAPATEPPA UMAPATHI,
AGED ABOUT 56 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
10. SRI. VEERAPPA
S/O. SHANKARAPPA YELI,
AGED ABOUT 50 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
11. SMT. SHANATABAI
W/O. VANECHAND JAIN,
AGE: 65 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
12. SRI. VANECHAND K. JAIN,
AGE: 72 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
13. SRI. SANJYAKUMAR V. JAIN,
AGE: 45 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
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TQ: BYADAGI, DIST: HAVERI.
14. SRI. VIJAYAKUMAR
S/O. CHANNABASAPPA YELI,
AGE: 55 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
15. SRI. MANJUNATH
S/O. SUBBARAYA RAIKAR,
AGE: 62 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
16. KAVITA H. ANAVERI,
AGE: 48 YEARS, OCC: HOUSEHOLD WORK,
R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.
17. SRI. SHRIMANTH SULEMANAPPA BAGALKOT,
AGED ABOUT 44 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD, BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
18. SRI. ABDULKHADAR
S/O. AHAMMADSAB ATTAR,
AGED ABOUT 55 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
19. SRI. MANJUNATH
S/O. BIKKAPPA KUDATARKAR,
AGE: 50 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
20. SRI. SANJAYKUMAR
S/O. PARASMAL JAIN,
AGE: 45 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
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21. SRI. IMTIYAZ
S/O. PATTEAHAMAD PATTESABANAVAR,
AGE: 46 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
22. SRI. GOPALKRISHNA
S/O. GANGAPPA SHETTRA,
AGE: 60 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
23. SRI. VISHWANATH
S/O. KOTTRAPPA ANKALAKOTI,
AGE: 55 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
24. SIDDALINGAPPA C .GOKAVI,
AGE: 55 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD, BYADAGI,
DIST: HAVERI.
25. SRI. SHANKARAPPA
S/O. NARAYANAPPA BONDAMMANAVAR,
AGE: 45 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
26. SRI. KOTTRAPPA
S/O. SHIVAPPA ANKALAKOTI,
AGE: 58 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
27. SRI. UMESH S/O. TECKCHAND JAIN,
AGE: 54 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
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28. ASHOK JAIN,
AGE: 72 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD, BYADAGI,
DIST: HAVERI.
29. SRI. CHANDRASHEKHAR
S/O. IRABASAPPA SADALAGI,
AGE: 73 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
30. SRI. UMESH
S/O. KAMALAKAR VERNEKAR,
AGE: 48 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
31. SRI. HARISH
S/O. VEERBHADRAYYA AARADHYAMATH,
AGE: 32 YEARS, OCC: SERVICE,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
32. SRI. SANKAPPA
S/O. GUDDAPPA MUDDANNAVAR,
AGE: 75 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
33. GIRIJAVVA M. JOLAD,
AGE: 40 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD, BYADAGI,
DIST: HAVERI.
34. SRI. NINGAPPA
S/O. RAMANNA JADHAV,
AGE: 57 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
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35. SRI. KOTRABASAPPA
S/O. SHIVAPPA KOPPAD,
AGE: 65 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
36. SRI. MUSHTAPASHA
S/O. BASHEERAHAMMAD MAKANDAR,
AGE: 40 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
37. SRI. SHIVAPPA
S/O. SUGEERAPPA SHETTAR,
AGE: 83 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
38. SMT. KAVITA
W/O. SUGEERAPPA SHETTAR,
AGE: 50 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
39. SHIVANAGAPPA
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.
40. SMT. MAHADEVAMMA
W/O. MURIGEPPA HOSANGADI,
AGE: 64 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
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41. SRI. FAKKIRAPPA
S/O. SANNAGIRIEPPA DASAR,
AGED ABOUT 60 YEARS, OCC: COOLIE,
R/O. MAIN ROAD, BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
42. 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.
43. SRI. PANDURANG
S/O. SHIVAYYA KUPPA,
AGED ABOUT 65 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD, BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
44. FAKARUSAB P. DODDAMANI,
AGE: 70 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD, BYADAGI,
DIST: HAVERI.
45. SRI. BASAVARAJ
S/O. SURENDRAPPA KUBASAD,
AGE: 55 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
46. 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.
47. PRAKASH J. SHIRAWADKAR,
AGE: 37 YEARS, OCC; BUSINESS,
R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.
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48. MOHANDAS J. SHIRAWADAKAR,
AGE: 34 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.
49. SRI. SHIVAYOGI
S/O. DYAVAPPA HOSAMANI,
AGE: 43 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
50. SRI. PARASHURAM
S/O. LAXMINARAYAN MELAGIRI,
AGE: 54 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
51. SMT. GOURAMMA
D/O. GANGADHAR TILAVALLI,
AGE: 38 YEARS, OCC: PRIVATE JOB,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
52. SRI. SANTOSHGOUDA
S/O. VEEPAKSHAGOUDA CHANNAGOUDAR,
AGE: 40 YEARS, OCC: SERVICE,
R/O: MAIN ROAD BYADAGI.
TQ: BYADAGI, DIST: HAVERI.
53. SMT. RADHABAI
W/O. IRANNA MAGALAD,
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.
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55. SRI .DANAPPA
S/O. MALLIKARJUNAPPA KABBUR,
AGE: 50 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
56. SUBHASHA G. AGADI,
AGE: 60 YEARS, OCC: BUSINESS,
R/O MAIN ROAD, BYADAGI,
DIST: HAVERI.
57. SRI. GNYANESHWAR
S/O. VITTAL GANACHARI,
AGED ABOUT 44 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
58. SRI. CHANDRASHEKHARAPPA
S/O. BASATTEPPA GADAD,
AGE: 72 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
59. SMT. PARVATEVVA
W/O. CHANDRASHEKHARAPPA GADAD,
AGE: 66 YEARS, OCC: HOUSEWIFE,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
60. SRI. KRISHNAPPA
S/O. GANESHEPPA ANCHATAGERI,
AGE: 65 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
61. SRI. VARDICHANDA
S/O. KEVALACHAND JAIN,
SINCE DIED BY LR'S
TEERATH JAIN
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AGED ABOUT 35 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
62. AMBALAL T. JAIN,
AGE: 55 YEARS, OCC: BUSINESS,
R/O MAIN ROAD, BYADAGI,
DIST: HAVERI.
63. SMT. LALITA
W/O. MALLIKARJUN VEERANAGOUDAR,
AGE: 65 YEARS, OCC:HOUSEHOLD,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
64. SHASHIDHAR G. TILAAVALLI,
AGE: 38 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.
65. SRI. IRAPPA
S/O. DUNDAPPA YERESIMI,
AGE: 54 YEARS,
OCC: BUSINESS/ AGRICULTURIST,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
66. SRI. RAGHAVENDRA
S/O. MANOHAR RATTIHALLI,
AGE: 46 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
67. SRI. MANOHAR
S/O. KESHAPPA RATTIHALLI,
AGE: 68 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
68. GIRISH K. SHINDE,
AGE: 49 YEARS, OCC: BUSINESS,
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R/O: MAIN ROAD, BYADAGI,
DIST: HAVERI.
69. SRI. UMESH
S/O. PANDURANG VERNEKAR,
AGE: 45 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
70. SRI. SURESH
S/O. LAXMINARAYAN MELAGIRI,
AGE: 55 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
71. SRI. BASAVARAJ
S/O. DYAMAPPA UDDYOGANNAVAR,
AGE: 56 YEARS,
OCC: BUSINESS/AGRICULTURIST,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
72. RADHAKRISHNA G. RATTIHALLI,
AGE: 75 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.
73. SRI. GANAPATI
S/O. PANDURANG VERNEKAR,
AGE: 62 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
74. SRI. DATTATREYA
S/O. PANDURANG VERNEKAR,
AGE: 47 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
75. SRI. SHIVAKUMAR
S/O. VEERAPPA HOSALLI,
AGE: 52 YEARS, OCC: DOCTOR,
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R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
76. SRI. IRANNA
S/O. PANCHAPPA KATTI,
AGE: 68 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
77. SMT. RADHA
D/O. YELLAPPA HANAGI,
AGE: 47 YEARS, OCC: SERVICE,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
78. PRAKASH M. JAIN,
AGE: 72 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.
79. LAXMIKANTH N. RATTIHALLI,
AGE: 70 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.
80. SRI. SHAMBULINGAPPA
S/O. DADDABASAPPA SHIRUR,
AGE: 72 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD BYADAGI,
TQ: BYADAGI, DIST: HAVERI.
81. SHIVAYOGEPPA H. WALISHETTAR,
AGE: 65 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD, BYADAGI DIST: HAVERI.
82. MUREGEPPA B. KABBUR,
AGE: MAJOR, OCC: BUSINESS,
R/O: MAIN ROAD, BYADAGI,
DIST: HAVERI.
83. BEEN B. SHETTAR,
AGE: MAJOR, OCC: BUSINESS,
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R/O: MAIN ROAD, BYADAGI,
DIST: HAVERI.
84. KAILASHNATH V. ARADHYAMATH,
AGE: 65 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD, BYADAGI.
85. SMT. ANNAPOORNAMMA
W/O. SHIVANANDDAYYA KATTIGIHALLIMATH,
AGE: 68 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.
86. NEHA
W/O. MURAGESH NELAVIGI,
AGE: 50 YEARS, OCC: BUSINESS,
R/O: MAIN ROAD, BYADAGI, DIST: HAVERI.
...PETITIONERS
(BY SRI. LINGRAJ MARADI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
REVENUE DEPARTMENT
(LAND ACQUISITION 1 AND 3)
M.S. BUILDING, BANGALORE-560 001.
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,
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HAVERI, DISTRICT HAVERI- 581110.
5. THE CHIEF ENGINEER,
DEPARTMENT OF COMMUNICATION
AND BUILDING (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 DEPARTMENT C & B SOUTH,
K R CIRCLE, BENGALURU,
TQ AND DIST: BENGALURU.
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.
11. THE TAHSILDAR,
BYADAGI, TAHSILDAR OFFICE,
BYADAGI- 581106.
12. VARTAKARA SANGHA, BYADAGI,
APMC YARD, BYADAGI, TQ: BYADAGI,
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DIST: HAVERI,
R/P BY ITS PRESIDENT,
SURESH B. PATIL,
AGE: 76 YEARS, OCC: BUSINESS,
R/O. BYADAGI, TQ: BYADAGI,
DIST: HAVERI.
13. 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.
...RESPONDENTS
(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)
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:
IN WP NO. 100356/2026
BETWEEN:
1. SRI. CHETAN
S/O. MAHANTAPPA KABBUR,
AGE: 45 YEARS, OCC: BUSINESS,
R/O. MAIN ROAD BYADAGI,
TALUK: BYADAGI, DISTRICT: HAVERI.
2. SMT. SHASHIKALA
W/O. MAHANTAPPA KABBUR,
AGE: 62 YEARS, OCC: HOUSEHOLD WORK,
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HC-KAR
R/O. MAIN ROAD BYADAGI,
TALUK: BYADAGI, DISTRICT: HAVERI.
3. SRI. MURAGEPPA
S/O. HUCHHAPPA SHETTAR,
AGE: 70 YEARS, OCC: BUSINESS,
R/O. MAIN ROAD BYADAGI,
TALUK: BYADAGI, DISTRICT: HAVERI.
4. SRI JAYADEVAPPA
S/O. HUCHHAPPA SHETTAR,
AGE: 68 YEARS, OCC: BUSINESS,
R/O. MAIN ROAD BYADAGI,
TALUK: BYADAGI, DISTRICT: HAVERI.
...PETITIONERS
(BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
REVENUE DEPARTMENT
(LAND ACQUISITION 1 AND 3)
M.S. BUILDING, BANGALORE-560 001.
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,
REVENUE DEPARTMENT
(LAND ACQUISITION 1 AND 3)
M.S. BUILDING, BANGALORE-560001.
4. THE DEPUTY COMMISSIONER,
HAVERI, DISTRICT HAVERI- 581110.
5. THE CHIEF ENGINEER,
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NC: 2026:KHC-D:1405
WP No. 109908 of 2025
C/W WP No. 100356 of 2026
HC-KAR
DEPARTMENT OF COMMUNICATION
AND BUILDING (NORTH)
SIR M. VISHVESHWARYA MARGH,
DHARWAD-580001.
6. THE SUPERINTENDING ENGINEER,
DEPARTMENT OF PUBLIC WORKS,
FORTS AND INLAND WATER TRANSPORT,
CIRCLE DHARWAD, DIST: DHARWAD-580001.
7. THE CHIEF ENGINEER,
PUBLIC WORKS DEPARTMENT C & B SOUTH,
KR CIRCLE, BENGALURU,
TQ AND DIST: BENGALURU.
8. THE EXECUTIVE ENGINEER,
DEPARTMENT OF PUBLIC WORKS,
FORTS AND INLAND WATER TRANSPORT,
DIVISION HAVERI, TALUK: HAVERI,
DIST: HAVERI-581110.
9. THE ASSISTANT COMMISSIONER
AND LAND ACQUISITION OFFICER,
HAVERI SUB-DIVISION,
TALUK: HAVERI, DIST: HAVERI-581110.
10. THE ASSISTANT EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT,
HAVERI SUB-DIVISION,
TALUK: HAVERI, DIST: HAVERI-581110.
11. THE TAHSILDAR,
BYADAGI, TAHSILDAR OFFICE,
BYADAGI- 581106, DIST: HAVERI.
...RESPONDENTS
(BY SRI. GANGADHAR J.M. AAG AND
SRI. PRAVEEN K. UPPAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
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NC: 2026:KHC-D:1405
WP No. 109908 of 2025
C/W WP No. 100356 of 2026
HC-KAR
WRIT IN THE NATURE OF CERTIORARI QUASHING THE FINAL
NOTIFICATION ON 29/09/2025 IN BEARING NO. RD 03 AQD
2023 PASSED BY THE 3RD 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.
THESE WRIT PETITIONS ARE COMING ON FOR ORDER THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S.HEMALEKHA
ORAL ORDER
1. 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.
2. 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).
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NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026 HC-KAR
3. Learned counsel for the petitioners submits that they 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.
4. 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:
i. Objections filed by the petitioners were not meaningfully considered.
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NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026 HC-KAR ii. The authorities failed to examine the feasibility of alternative Government vacant land, though specifically pointed out by the petitioners.
iii. The statutory enquiry contemplated under Section 15 was reduced to an empty formality.
5. 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.
6. Learned counsel for the petitioners places reliance on the on Estate Officer, Haryana Urban
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NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026 HC-KAR Development Authority and Others Vs. Nirmala 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.
7. 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.
1 Civil.Appeal.No.7707/2025 D.D 14.07.2025
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NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026 HC-KAR
8. Chapter II Section 4 of the Act, he submits that 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 road- highway 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.
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9. 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.
10. 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
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NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026 HC-KAR accepted part from the compensation thereby 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.
11. Reliance is placed on the following decisions:
i. Jigarbhai Amrathbai Patel Vs. State of Gujarat2 (Jigarbhai), wherein Sections 10A and 31A were upheld ii. State of Gujarat Vs. Musamigan Imam Haider Bux Razv and Another3 (Musamigan), on the scope of judicial review in acquisition matter.2
2019 SCC Online Guj 6988 3 (1976) 3 SCC 536
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NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026 HC-KAR iii. Merugu Narsaiah and Others Vs. State of Telangana rep. by its Princiapl Secretary and Others4 (Merugu Narsaiah) reiterating that the Court should not interfere once the acquisition proceedings are completed except on patent illegality.
12. 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.
13. 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 4 2020 SCC Online TS 536
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NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026 HC-KAR 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.
14. Having heard the learned counsel on both sides, the point that arises for consideration is:
"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?"
15. 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.
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NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026 HC-KAR
16. Infrastructure projects relating to roads and 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.
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17. 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.
18. 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
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NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026 HC-KAR 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.
19. 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.
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20. 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.
21. The Apex Court in the case of Musamigan, has held at paragraph No.3 has under:
"3. Although two important points were raised in the aforesaid writ petitions viz. (1)
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NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026 HC-KAR 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."
Emphasis supplied
22. 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
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NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026 HC-KAR extend to substituting the Court's opinion for that of the acquiring authority.
23. 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.
24. 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
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NC: 2026:KHC-D:1405 WP No. 109908 of 2025 C/W WP No. 100356 of 2026 HC-KAR right of the petitioners, if any, to challenge the award or the determination of compensation in the manner known to law remains expressly preserved and for the foregoing reasons, this Court pass the following:
ORDER i. The writ petitions are dismissed.
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.
Pending IAs, if any, would not survive for consideration.
Sd/-
JUSTICE K.S.HEMALEKHA AT CT:VH LIST NO.: 1 SL NO.: 42