Karnataka High Court
Beerappa S/O Ramappa Hanchinamani vs The District Commissioner on 13 February, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC-D:3505
WP No. 117151 of 2019
C/W WP No. 117152 of 2019, WP No.
117153 of 2019, WP No. 144632 of 2020, WP
No. 144633 of 2020, WP No. 144634 of 2020,
WP No. 144635 of 2020, WP No. 144636 of
2020, WP No. 144637 of 2020, WP No.
144638 of 2020, WP No. 144639 of 2020, WP
No. 147531 of 2020, WP No. 102787 of 2021,
WP No. 102800 of 2021, WP No. 102801 of
2021, WP No. 102820 of 2021, WP No.
102821 of 2021, WP No. 102835 of 2021, WP
No. 102836 of 2021, WP No. 102837 of 2021,
WP No. 102855 of 2021, WP No. 103164 of
2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 117151 OF 2019 (LA-RES)
C/W
WRIT PETITION NO. 117152 OF 2019
WRIT PETITION NO. 117153 OF 2019
WRIT PETITION NO. 144632 OF 2020
WRIT PETITION NO. 144633 OF 2020
WRIT PETITION NO. 144634 OF 2020
WRIT PETITION NO. 144635 OF 2020
WRIT PETITION NO. 144636 OF 2020
WRIT PETITION NO. 144637 OF 2020
WRIT PETITION NO. 144638 OF 2020
SUJATA WRIT PETITION NO. 144639 OF 2020
SUBHASH WRIT PETITION NO. 147531 OF 2020
PAMMAR WRIT PETITION NO. 102787 OF 2021
WRIT PETITION NO. 102800 OF 2021
Digitally signed by
SUJATA SUBHASH WRIT PETITION NO. 102801 OF 2021
PAMMAR
Date: 2024.02.27
WRIT PETITION NO. 102820 OF 2021
23:42:16 -0800 WRIT PETITION NO. 102821 OF 2021
WRIT PETITION NO. 102835 OF 2021
WRIT PETITION NO. 102836 OF 2021
WRIT PETITION NO. 102837 OF 2021
WRIT PETITION NO. 102855 OF 2021
WRIT PETITION NO. 103164 OF 2021
IN WP NO.117151/2019
BETWEEN:
1. IRAPPA S/O MAYAPPA SHILLI
-2-
NC: 2024:KHC-D:3505
WP No. 117151 of 2019
C/W WP No. 117152 of 2019, WP No.
117153 of 2019, WP No. 144632 of 2020, WP
No. 144633 of 2020, WP No. 144634 of 2020,
WP No. 144635 of 2020, WP No. 144636 of
2020, WP No. 144637 of 2020, WP No.
144638 of 2020, WP No. 144639 of 2020, WP
No. 147531 of 2020, WP No. 102787 of 2021,
WP No. 102800 of 2021, WP No. 102801 of
2021, WP No. 102820 of 2021, WP No.
102821 of 2021, WP No. 102835 of 2021, WP
No. 102836 of 2021, WP No. 102837 of 2021,
WP No. 102855 of 2021, WP No. 103164 of
2021
@ BYADAGOUDRA,
AGE:48
OCC: AGRICULTURE,
2. RANGAPPA S/O MAYAPPA SHILLI
@ BYADAGOUDRA,
AGE:37
OCC: AGRICULTURE,
3. SHIVAPPA S/O MAYAPPA SHILLI
@ BYADAGOUDRA,
AGE: 46,
OCC: AGRICULTURE
4. SHANKARAPPA S/O MAYAPPA SHILLI
@ BYADAGOUDRA,
AGE: 44,
OCC: AGRICULTURE,
ALL ARE R/O KADU, TQ: HIREKERUR
DIST: HAVERI.
...PETITIONERS
(BY SRI. LAXMAN T MANTAGANI, ADVOCATE;
SRI. N.J.APPANNAVAR, ADVOCATE)
AND:
1. THE DISTRICT COMMISSIONER
HAVERI,
DIST: HAVERI-580001
-3-
NC: 2024:KHC-D:3505
WP No. 117151 of 2019
C/W WP No. 117152 of 2019, WP No.
117153 of 2019, WP No. 144632 of 2020, WP
No. 144633 of 2020, WP No. 144634 of 2020,
WP No. 144635 of 2020, WP No. 144636 of
2020, WP No. 144637 of 2020, WP No.
144638 of 2020, WP No. 144639 of 2020, WP
No. 147531 of 2020, WP No. 102787 of 2021,
WP No. 102800 of 2021, WP No. 102801 of
2021, WP No. 102820 of 2021, WP No.
102821 of 2021, WP No. 102835 of 2021, WP
No. 102836 of 2021, WP No. 102837 of 2021,
WP No. 102855 of 2021, WP No. 103164 of
2021
2. THE SPECIAL LAND ACQUISITION OFFICER
UTP, RANEBENNUR,
DIST: HAVERI-580001.
3. THE EXECUTIVE ENGINEER
UTP, RATTIHALLI,
(KAVALI KUPPI),
TQ: HIREKERUR,
DIST: HAVERI-580001.
...RESPONDENTS
(BY SRI.V.S.KALASURMATH, HCGP FOR R1 AND R2;
SRI. SHIVARAJ BALLOLLI, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI
QUASHING THE ORDER DATED 18.10.2019 PASSED BY THE COURT
OF SENOR CIVIL JUDE AND JMFC., HIREKERUR IN LAC NO.08/2018
VIDE ANNEXURE-D.
IN WP NO.117152/2019
BETWEEN
SHANKARAGOUDA S/S. KAREGOUDA
MAJIGOUDAR, AGE: 47 YEARS,
OCC: AGRICULTRE,
R/O: KADUR, PRESENTLY
RESSIDEING AT GUNDAGATTI,
TQ: HIREKERUR
DIST: HAVERI, PIN CODE: 581111
....PETITIONER
(BY SRI. LAXMAN T MANTAGANI, ADVOCATE;
SRI. N.J.APPANNAVAR, ADVOCATE)
-4-
NC: 2024:KHC-D:3505
WP No. 117151 of 2019
C/W WP No. 117152 of 2019, WP No.
117153 of 2019, WP No. 144632 of 2020, WP
No. 144633 of 2020, WP No. 144634 of 2020,
WP No. 144635 of 2020, WP No. 144636 of
2020, WP No. 144637 of 2020, WP No.
144638 of 2020, WP No. 144639 of 2020, WP
No. 147531 of 2020, WP No. 102787 of 2021,
WP No. 102800 of 2021, WP No. 102801 of
2021, WP No. 102820 of 2021, WP No.
102821 of 2021, WP No. 102835 of 2021, WP
No. 102836 of 2021, WP No. 102837 of 2021,
WP No. 102855 of 2021, WP No. 103164 of
2021
AND:
1. THE DISTRICT COMMISSIONER
HAVERI,
DIST: HAVERI-580001
2. THE SPECIAL LAND ACQUISITION OFFICER
UTP, RANEBENNUR,
DIST: HAVERI-580001.
3. THE EXECUTIVE ENGINEER
UTP, RATTIHALLI,
(KAVALI KUPPI),
TQ: HIREKERUR,
DIST: HAVERI-580001.
...RESPONDENTS
(BY SRI.V.S.KALASURMATH, HCGP FOR R1 AND R2;
SRI. SHIVARAJ BALLOLLI, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI
QUASHING THE ORDER DATED 18.10.2019 PASSED BY THE COURT
OF SENOR CIVIL JUDE AND JMFC., HIREKERUR IN LAC NO.09/2018
VIDE ANNEXURE-D.
IN WP NO.117153/2019
BETWEEN:
RANGAPPA S/O RAMAPPA BYADAGOUDRA
DECEASED BY HI LR'S
1) KARABASAMMA W/O, RANGAPPA
BYDAGOUDRA, AGE:37 YEARS,
OCC: HOUSE HOLD WORK
-5-
NC: 2024:KHC-D:3505
WP No. 117151 of 2019
C/W WP No. 117152 of 2019, WP No.
117153 of 2019, WP No. 144632 of 2020, WP
No. 144633 of 2020, WP No. 144634 of 2020,
WP No. 144635 of 2020, WP No. 144636 of
2020, WP No. 144637 of 2020, WP No.
144638 of 2020, WP No. 144639 of 2020, WP
No. 147531 of 2020, WP No. 102787 of 2021,
WP No. 102800 of 2021, WP No. 102801 of
2021, WP No. 102820 of 2021, WP No.
102821 of 2021, WP No. 102835 of 2021, WP
No. 102836 of 2021, WP No. 102837 of 2021,
WP No. 102855 of 2021, WP No. 103164 of
2021
2) SHANTHAMMA W/O. RANGAPPA
KUKKANU, AGE: 40 YEARS,
OCC: HOUSE HOLD WORK
3) PREMAVVA W/O. NAGAPPA VADDARAHALLI,
AGE: 34, OCC: HOUSE HOLD WORK
4) MALLIGEVVA W/O. GIRIYAPPA
BYADAGOUDRA, AGE: 32 YEARS,
OCC: HOUSE HOLD WORK
50 SHIVAPPA S/O. RAMAPPA BYDAGOUDRA
AGE: 46 YEARS OCC: AGRICULTURE
THE PETITIONERS NO.1 TO 5 ARE R/O. KADUR
PRESENTLY RESIDING AT HIREGONAGERI,
TQ: HONNALI,
DIST: DAVANAGERE-570001
....PETITIONERS
(BY SRI. LAXMAN T MANTAGANI, ADVOCATE;
SRI. N.J.APPANNAVAR, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER
HAVERI,
DIST: HAVERI-580001
2. THE SPECIAL LAND ACQUISITION OFFICER
UTP, RANEBENNUR,
DIST: HAVERI-580001.
-6-
NC: 2024:KHC-D:3505
WP No. 117151 of 2019
C/W WP No. 117152 of 2019, WP No.
117153 of 2019, WP No. 144632 of 2020, WP
No. 144633 of 2020, WP No. 144634 of 2020,
WP No. 144635 of 2020, WP No. 144636 of
2020, WP No. 144637 of 2020, WP No.
144638 of 2020, WP No. 144639 of 2020, WP
No. 147531 of 2020, WP No. 102787 of 2021,
WP No. 102800 of 2021, WP No. 102801 of
2021, WP No. 102820 of 2021, WP No.
102821 of 2021, WP No. 102835 of 2021, WP
No. 102836 of 2021, WP No. 102837 of 2021,
WP No. 102855 of 2021, WP No. 103164 of
2021
3. THE EXECUTIVE ENGINEER
UTP, RATTIHALLI,
(KAVALI KUPPI),
TQ: HIREKERUR,
DIST: HAVERI-580001.
...RESPONDENTS
(BY SRI.V.S.KALASURMATH, HCGP FOR R1 AND R2;
SRI. SHIVARAJ BALLOLLI, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI
QUASHING THE ORDER DATED 18.10.2019 PASSED BY THE COURT
OF SENOR CIVIL JUDE AND JMFC., HIREKERUR IN LAC NO.13/2018
VIDE ANNEXURE-D.
IN WP NO.144632/2020
BETWEEN:
SOMASHEKARAPPA S/O. RUDRAPPA
KANAGOTAGI,AGE: 49 YEARS,
OCC: AGRICULTURE,
R/O. NESHVI, TQ: HIREKERUR,
DIST: HAVERI-581 208.
....PETITIONERS
(BY SRI. LAXMAN T MANTAGANI, ADVOCATE;
SRI. N.J.APPANNAVAR, ADVOCATE)
-7-
NC: 2024:KHC-D:3505
WP No. 117151 of 2019
C/W WP No. 117152 of 2019, WP No.
117153 of 2019, WP No. 144632 of 2020, WP
No. 144633 of 2020, WP No. 144634 of 2020,
WP No. 144635 of 2020, WP No. 144636 of
2020, WP No. 144637 of 2020, WP No.
144638 of 2020, WP No. 144639 of 2020, WP
No. 147531 of 2020, WP No. 102787 of 2021,
WP No. 102800 of 2021, WP No. 102801 of
2021, WP No. 102820 of 2021, WP No.
102821 of 2021, WP No. 102835 of 2021, WP
No. 102836 of 2021, WP No. 102837 of 2021,
WP No. 102855 of 2021, WP No. 103164 of
2021
AND:
1. THE DEPUTY COMMISSIONER
HAVERI,
DIST: HAVERI-581110
2. THE SPECIAL LAND ACQUISITION OFFICER
UTP, RANEBENNUR,
DIST: HAVERI-581115.
3. THE EXECUTIVE ENGINEER
UTP, RATTIHALLI,
(KAVALI KUPPI),
TQ: HIREKERUR,
DIST: HAVERI-581116.
...RESPONDENTS
(BY SRI.V.S.KALASURMATH, HCGP FOR R1 AND R2;
SRI. SHIVARAJ BALLOLLI, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI
QUASHING THE ORDER DATED 18.10.2019 PASSED BY THE COURT
OF SENOR CIVIL JUDE AND JMFC., HIREKERUR IN LAC NO.37/2018
VIDE ANNEXURE-C.
IN WP NO.144633/2020
BETWEEN:
KARABASAPPA S/O. MALLAPPA HIRIYAJJER
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O. NESVI, TQ: HIREKERUR,
DIST: HAVERI-581 208
....PETITIONERS
-8-
NC: 2024:KHC-D:3505
WP No. 117151 of 2019
C/W WP No. 117152 of 2019, WP No.
117153 of 2019, WP No. 144632 of 2020, WP
No. 144633 of 2020, WP No. 144634 of 2020,
WP No. 144635 of 2020, WP No. 144636 of
2020, WP No. 144637 of 2020, WP No.
144638 of 2020, WP No. 144639 of 2020, WP
No. 147531 of 2020, WP No. 102787 of 2021,
WP No. 102800 of 2021, WP No. 102801 of
2021, WP No. 102820 of 2021, WP No.
102821 of 2021, WP No. 102835 of 2021, WP
No. 102836 of 2021, WP No. 102837 of 2021,
WP No. 102855 of 2021, WP No. 103164 of
2021
(BY SRI. LAXMAN T MANTAGANI, ADVOCATE;
SRI. N.J.APPANNAVAR, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER
HAVERI,
DIST: HAVERI-581110
2. THE SPECIAL LAND ACQUISITION OFFICER
UTP, RANEBENNUR,
DIST: HAVERI-581115.
3. THE EXECUTIVE ENGINEER
UTP, RATTIHALLI,
(KAVALI KUPPI),
TQ: HIREKERUR,
DIST: HAVERI-581116.
...RESPONDENTS
(BY SRI.V.S.KALASURMATH, HCGP FOR R1 AND R2;
SRI. SHIVARAJ BALLOLLI, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI
QUASHING THE ORDER DATED 18.10.2019 PASSED BY THE COURT
OF SENOR CIVIL JUDE AND JMFC., HIREKERUR IN LAC NO.36/2018
VIDE ANNEXURE-C.
-9-
NC: 2024:KHC-D:3505
WP No. 117151 of 2019
C/W WP No. 117152 of 2019, WP No.
117153 of 2019, WP No. 144632 of 2020, WP
No. 144633 of 2020, WP No. 144634 of 2020,
WP No. 144635 of 2020, WP No. 144636 of
2020, WP No. 144637 of 2020, WP No.
144638 of 2020, WP No. 144639 of 2020, WP
No. 147531 of 2020, WP No. 102787 of 2021,
WP No. 102800 of 2021, WP No. 102801 of
2021, WP No. 102820 of 2021, WP No.
102821 of 2021, WP No. 102835 of 2021, WP
No. 102836 of 2021, WP No. 102837 of 2021,
WP No. 102855 of 2021, WP No. 103164 of
2021
IN WP NO.144634/2020
BETWEEN:
VEERANAGOUDA RUDRAGOUDA BAILAPPANAVAR,
AGE: 41 YEARS, OCC: AGRICULTURE,
R/O NESHWI, TQ: HIREKERUR,
DIST: HAVERI-58208
....PETITIONERS
(BY SRI. LAXMAN T MANTAGANI, ADVOCATE;
SRI. N.J.APPANNAVAR, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER
HAVERI,
DIST: HAVERI-581110
2. THE SPECIAL LAND ACQUISITION OFFICER
UTP, RANEBENNUR,
DIST: HAVERI-581115.
3. THE EXECUTIVE ENGINEER
UTP, RATTIHALLI,
(KAVALI KUPPI),
TQ: HIREKERUR,
DIST: HAVERI-581116.
...RESPONDENTS
(BY SRI.V.S.KALASURMATH, HCGP FOR R1 AND R2;
SRI. SHIVARAJ BALLOLLI, ADVOCATE FOR R3)
- 10 -
NC: 2024:KHC-D:3505
WP No. 117151 of 2019
C/W WP No. 117152 of 2019, WP No.
117153 of 2019, WP No. 144632 of 2020, WP
No. 144633 of 2020, WP No. 144634 of 2020,
WP No. 144635 of 2020, WP No. 144636 of
2020, WP No. 144637 of 2020, WP No.
144638 of 2020, WP No. 144639 of 2020, WP
No. 147531 of 2020, WP No. 102787 of 2021,
WP No. 102800 of 2021, WP No. 102801 of
2021, WP No. 102820 of 2021, WP No.
102821 of 2021, WP No. 102835 of 2021, WP
No. 102836 of 2021, WP No. 102837 of 2021,
WP No. 102855 of 2021, WP No. 103164 of
2021
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI
QUASHING THE ORDER DATED 03.12.2019 PASSED BY THE COURT
OF SENOR CIVIL JUDE AND JMFC., HIREKERUR IN LAC NO.19/2018
VIDE ANNEXURE-C.
IN WP NO.144635/2020
BETWEEN:
RAVI S/O. BASAVENNEPPA NADIGER
KANAGOTAGI, AGE: 46 YEARS,
OCC: AGRICULTURE,
R/O. NESHWI, TQ: HIREKERUR,
DIST: HAVERI-581208.
....PETITIONERS
(BY SRI. LAXMAN T MANTAGANI, ADVOCATE;
SRI. N.J.APPANNAVAR, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER
HAVERI,, DIST: HAVERI-581110
2. THE SPECIAL LAND ACQUISITION OFFICER
UTP, RANEBENNUR, DIST: HAVERI-581115.
3. THE EXECUTIVE ENGINEER
UTP, RATTIHALLI,(KAVALI KUPPI),
TQ: HIREKERUR, DIST: HAVERI-581116.
...RESPONDENTS
(BY SRI.V.S.KALASURMATH, HCGP FOR R1 AND R2;
SRI. SHIVARAJ BALLOLLI, ADVOCATE FOR R3)
- 11 -
NC: 2024:KHC-D:3505
WP No. 117151 of 2019
C/W WP No. 117152 of 2019, WP No.
117153 of 2019, WP No. 144632 of 2020, WP
No. 144633 of 2020, WP No. 144634 of 2020,
WP No. 144635 of 2020, WP No. 144636 of
2020, WP No. 144637 of 2020, WP No.
144638 of 2020, WP No. 144639 of 2020, WP
No. 147531 of 2020, WP No. 102787 of 2021,
WP No. 102800 of 2021, WP No. 102801 of
2021, WP No. 102820 of 2021, WP No.
102821 of 2021, WP No. 102835 of 2021, WP
No. 102836 of 2021, WP No. 102837 of 2021,
WP No. 102855 of 2021, WP No. 103164 of
2021
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI
QUASHING THE ORDER DATED 03.12.2019 PASSED BY THE COURT
OF SENOR CIVIL JUDE AND JMFC., HIREKERUR IN LAC NO.38/2018
VIDE ANNEXURE-C.
IN WP NO.144636/2020
BETWEEN:
SURESH S/O KANAGOTAGI,
AGE: 59 YEARS, OCC: AGRICULTURE,
R/O. NESVI, TQ: HIREKERUR,
DIST: HAVERI-581208
....PETITIONERS
(BY SRI. LAXMAN T MANTAGANI, ADVOCATE;
SRI. N.J.APPANNAVAR, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER
HAVERI, DIST: HAVERI-581110
2. THE SPECIAL LAND ACQUISITION OFFICER
UTP, RANEBENNUR,
DIST: HAVERI-581115.
3. THE EXECUTIVE ENGINEER
UTP, RATTIHALLI, (KAVALI KUPPI),
TQ: HIREKERUR,
DIST: HAVERI-581116.
...RESPONDENTS
(BY SRI.V.S.KALASURMATH, HCGP FOR R1 AND R2;
SRI. SHIVARAJ BALLOLLI, ADVOCATE FOR R3)
- 12 -
NC: 2024:KHC-D:3505
WP No. 117151 of 2019
C/W WP No. 117152 of 2019, WP No.
117153 of 2019, WP No. 144632 of 2020, WP
No. 144633 of 2020, WP No. 144634 of 2020,
WP No. 144635 of 2020, WP No. 144636 of
2020, WP No. 144637 of 2020, WP No.
144638 of 2020, WP No. 144639 of 2020, WP
No. 147531 of 2020, WP No. 102787 of 2021,
WP No. 102800 of 2021, WP No. 102801 of
2021, WP No. 102820 of 2021, WP No.
102821 of 2021, WP No. 102835 of 2021, WP
No. 102836 of 2021, WP No. 102837 of 2021,
WP No. 102855 of 2021, WP No. 103164 of
2021
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI
QUASHING THE ORDER DATED 03.12.2019 PASSED BY THE COURT
OF SENOR CIVIL JUDE AND JMFC., HIREKERUR IN LAC NO.25/2018
VIDE ANNEXURE-C.
IN WP NO.144637/2020
BETWEEN:
IRAPPPA S/O. SHANKRAPPA BENAKANADONDA,
AGE: 46 YEASRS,
OCC: AGRICULTURE,
R/O. NESHWI, TQ: HIREKERUR,
DIST: HAVERI-581208
....PETITIONERS
(BY SRI. LAXMAN T MANTAGANI, ADVOCATE;
SRI. N.J.APPANNAVAR, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER
HAVERI, DIST: HAVERI-581110
2. THE SPECIAL LAND ACQUISITION OFFICER
UTP, RANEBENNUR,
DIST: HAVERI-581115.
3. THE EXECUTIVE ENGINEER
UTP, RATTIHALLI, (KAVALI KUPPI),
TQ: HIREKERUR, DIST: HAVERI-581116.
...RESPONDENTS
(BY SRI.V.S.KALASURMATH, HCGP FOR R1 AND R2;
SRI. SHIVARAJ BALLOLLI, ADVOCATE FOR R3)
- 13 -
NC: 2024:KHC-D:3505
WP No. 117151 of 2019
C/W WP No. 117152 of 2019, WP No.
117153 of 2019, WP No. 144632 of 2020, WP
No. 144633 of 2020, WP No. 144634 of 2020,
WP No. 144635 of 2020, WP No. 144636 of
2020, WP No. 144637 of 2020, WP No.
144638 of 2020, WP No. 144639 of 2020, WP
No. 147531 of 2020, WP No. 102787 of 2021,
WP No. 102800 of 2021, WP No. 102801 of
2021, WP No. 102820 of 2021, WP No.
102821 of 2021, WP No. 102835 of 2021, WP
No. 102836 of 2021, WP No. 102837 of 2021,
WP No. 102855 of 2021, WP No. 103164 of
2021
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI
QUASHING THE ORDER DATED 03.12.2019 PASSED BY THE COURT
OF SENOR CIVIL JUDE AND JMFC., HIREKERUR IN LAC NO.39/2018
VIDE ANNEXURE-C.
IN WP NO.144638/2020
BETWEEN:
BASANAGOUDA S/O. ISHWARAPPA HULLATTI,
AGE: 46 YEARS, OCC: AGRICULTURE,
R/O: NESVI, TQ: HIREKERUR,
DIST: HAVERI-581208
....PETITIONERS
(BY SRI. LAXMAN T MANTAGANI, ADVOCATE;
SRI. N.J.APPANNAVAR, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER
HAVERI,
DIST: HAVERI-581110
2. THE SPECIAL LAND ACQUISITION OFFICER
UTP, RANEBENNUR,
DIST: HAVERI-581115.
3. THE EXECUTIVE ENGINEER
UTP, RATTIHALLI,
(KAVALI KUPPI),
TQ: HIREKERUR,
DIST: HAVERI-581116.
- 14 -
NC: 2024:KHC-D:3505
WP No. 117151 of 2019
C/W WP No. 117152 of 2019, WP No.
117153 of 2019, WP No. 144632 of 2020, WP
No. 144633 of 2020, WP No. 144634 of 2020,
WP No. 144635 of 2020, WP No. 144636 of
2020, WP No. 144637 of 2020, WP No.
144638 of 2020, WP No. 144639 of 2020, WP
No. 147531 of 2020, WP No. 102787 of 2021,
WP No. 102800 of 2021, WP No. 102801 of
2021, WP No. 102820 of 2021, WP No.
102821 of 2021, WP No. 102835 of 2021, WP
No. 102836 of 2021, WP No. 102837 of 2021,
WP No. 102855 of 2021, WP No. 103164 of
2021
...RESPONDENTS
(BY SRI.V.S.KALASURMATH, HCGP FOR R1 AND R2;
SRI. SHIVARAJ BALLOLLI, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI
QUASHING THE ORDER DATED 03.12.2019 PASSED BY THE COURT
OF SENOR CIVIL JUDE AND JMFC., HIREKERUR IN LAC NO.24/2018
VIDE ANNEXURE-C.
IN WP NO.144639/2020
BETWEEN:
SHEKHARAPPA S/O SHIVAPPA
DANAPPANAVAR, AGE: 65 YEARS,
OCC: AGRICULTURE, R/O: NESVI,
TQ: HIREKERUR,
DIST: HAVERI-581208
....PETITIONERS
(BY SRI. LAXMAN T MANTAGANI, ADVOCATE;
SRI. N.J.APPANNAVAR, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER
HAVERI,
DIST: HAVERI-581110
2. THE SPECIAL LAND ACQUISITION OFFICER
UTP, RANEBENNUR,
DIST: HAVERI-581115.
3. THE EXECUTIVE ENGINEER
UTP, RATTIHALLI,
- 15 -
NC: 2024:KHC-D:3505
WP No. 117151 of 2019
C/W WP No. 117152 of 2019, WP No.
117153 of 2019, WP No. 144632 of 2020, WP
No. 144633 of 2020, WP No. 144634 of 2020,
WP No. 144635 of 2020, WP No. 144636 of
2020, WP No. 144637 of 2020, WP No.
144638 of 2020, WP No. 144639 of 2020, WP
No. 147531 of 2020, WP No. 102787 of 2021,
WP No. 102800 of 2021, WP No. 102801 of
2021, WP No. 102820 of 2021, WP No.
102821 of 2021, WP No. 102835 of 2021, WP
No. 102836 of 2021, WP No. 102837 of 2021,
WP No. 102855 of 2021, WP No. 103164 of
2021
(KAVALI KUPPI),
TQ: HIREKERUR,
DIST: HAVERI-581116.
...RESPONDENTS
(BY SRI.V.S.KALASURMATH, HCGP FOR R1 AND R2;
SRI. SHIVARAJ BALLOLLI, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI
QUASHING THE ORDER DATED 03.12.2019 PASSED BY THE COURT
OF SENOR CIVIL JUDE AND JMFC., HIREKERUR IN LAC NO.32/2018
VIDE ANNEXURE-C.
IN WP NO.147531/2020
BETWEEN:
MEHABUB SAB S/O. NOOR SAB GAVENAVAR
AGE: 47 YEARS, OCC: AGRICULTURE,
R/O. BILLAHALLI, TQ: RANEBENNUR,
DIST: HAVERI-581115
....PETITIONERS
(BY SRI. LAXMAN T MANTAGANI, ADVOCATE;
SRI. N.J.APPANNAVAR, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER
HAVERI,
DIST: HAVERI-581110
2. THE SPECIAL LAND ACQUISITION OFFICER
UTP, RANEBENNUR,
DIST: HAVERI-581115.
- 16 -
NC: 2024:KHC-D:3505
WP No. 117151 of 2019
C/W WP No. 117152 of 2019, WP No.
117153 of 2019, WP No. 144632 of 2020, WP
No. 144633 of 2020, WP No. 144634 of 2020,
WP No. 144635 of 2020, WP No. 144636 of
2020, WP No. 144637 of 2020, WP No.
144638 of 2020, WP No. 144639 of 2020, WP
No. 147531 of 2020, WP No. 102787 of 2021,
WP No. 102800 of 2021, WP No. 102801 of
2021, WP No. 102820 of 2021, WP No.
102821 of 2021, WP No. 102835 of 2021, WP
No. 102836 of 2021, WP No. 102837 of 2021,
WP No. 102855 of 2021, WP No. 103164 of
2021
3. THE EXECUTIVE ENGINEER
UTP, RATTIHALLI,
(KAVALI KUPPI),
TQ: HIREKERUR,
DIST: HAVERI-581116.
...RESPONDENTS
(BY SRI.V.S.KALASURMATH, HCGP FOR R1 AND R2;
SRI. SHIVARAJ BALLOLLI, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI
QUASHING THE ORDER DATED 03.03.2020 PASSED BY THE COURT
OF SENOR CIVIL JUDE AND JMFC., HIREKERUR IN LAC NO.30/2018
VIDE ANNEXURE-C.
IN WP NO.102787/2021
BETWEEN:
JAGADISH S/O. MUDUKAPPA CHALAGERI,
AGE: 56 YEASRS, OCC: AGRICULTURE,
R/O. NEXWI, TQ: HIREKERUR,
DIST: HAVERI-581208.
....PETITIONERS
(BY SRI. LAXMAN T MANTAGANI, ADVOCATE;
SRI. N.J.APPANNAVAR, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER
HAVERI,
DIST: HAVERI-581110
- 17 -
NC: 2024:KHC-D:3505
WP No. 117151 of 2019
C/W WP No. 117152 of 2019, WP No.
117153 of 2019, WP No. 144632 of 2020, WP
No. 144633 of 2020, WP No. 144634 of 2020,
WP No. 144635 of 2020, WP No. 144636 of
2020, WP No. 144637 of 2020, WP No.
144638 of 2020, WP No. 144639 of 2020, WP
No. 147531 of 2020, WP No. 102787 of 2021,
WP No. 102800 of 2021, WP No. 102801 of
2021, WP No. 102820 of 2021, WP No.
102821 of 2021, WP No. 102835 of 2021, WP
No. 102836 of 2021, WP No. 102837 of 2021,
WP No. 102855 of 2021, WP No. 103164 of
2021
2. THE SPECIAL LAND ACQUISITION OFFICER
UTP, RANEBENNUR,
DIST: HAVERI-581115.
3. THE EXECUTIVE ENGINEER, KNNL
UTP, RATTIHALLI,
(KAVALI KUPPI),
TQ: HIREKERUR,
DIST: HAVERI-581116.
...RESPONDENTS
(BY SRI.V.S.KALASURMATH, HCGP FOR R1 AND R2;
SRI. SHIVARAJ BALLOLLI, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI
QUASHING THE ORDER DATED 03.03.2020 PASSED BY THE COURT
OF SENOR CIVIL JUDE AND JMFC., HIREKERUR IN LAC NO.27/2018
VIDE ANNEXURE-C.
IN WP NO.102800/2021
BETWEEN:
CHANABASAPPA S/O. HANUMANTAPPA
MAGANUR SINCE DECEASED BY HIS LR'S
1. SUJATA W/O. CHANABASAPPA MAGANUR
AGE: 60 YEARS, OCC: AGRICULTURIST
2. SHIDDALINGESHA S/O CHANABASAPPA MAGANUR,
AGE: 36 YEARS, OCC: AGRICULTURIST
3. SACHIN S/O CHANABASAPPA MAGANUR,
AGE: 27 YEARS, OCC: AGRICULTURIST
- 18 -
NC: 2024:KHC-D:3505
WP No. 117151 of 2019
C/W WP No. 117152 of 2019, WP No.
117153 of 2019, WP No. 144632 of 2020, WP
No. 144633 of 2020, WP No. 144634 of 2020,
WP No. 144635 of 2020, WP No. 144636 of
2020, WP No. 144637 of 2020, WP No.
144638 of 2020, WP No. 144639 of 2020, WP
No. 147531 of 2020, WP No. 102787 of 2021,
WP No. 102800 of 2021, WP No. 102801 of
2021, WP No. 102820 of 2021, WP No.
102821 of 2021, WP No. 102835 of 2021, WP
No. 102836 of 2021, WP No. 102837 of 2021,
WP No. 102855 of 2021, WP No. 103164 of
2021
ALL ARE R/O NESWI, TQ: RATTIHALLI
DIST: HAVERI-581116
....PETITIONERS
(BY SRI. LAXMAN T MANTAGANI, ADVOCATE;
SRI. N.J.APPANNAVAR, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER
HAVERI,
DIST: HAVERI-581110
2. THE SPECIAL LAND ACQUISITION OFFICER
UTP, RANEBENNUR,
DIST: HAVERI-581115.
3. THE EXECUTIVE ENGINEER, KNNL
UTP, RATTIHALLI,
(KAVALI KUPPI),
TQ: HIREKERUR,
DIST: HAVERI-581116.
...RESPONDENTS
(BY SRI.V.S.KALASURMATH, HCGP FOR R1 AND R2;
SRI. SHIVARAJ BALLOLLI, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI
QUASHING THE ORDER DATED 03.03.2020 PASSED BY THE COURT
OF SENOR CIVIL JUDE AND JMFC., HIREKERUR IN LAC NO.31/2018
VIDE ANNEXURE-C.
- 19 -
NC: 2024:KHC-D:3505
WP No. 117151 of 2019
C/W WP No. 117152 of 2019, WP No.
117153 of 2019, WP No. 144632 of 2020, WP
No. 144633 of 2020, WP No. 144634 of 2020,
WP No. 144635 of 2020, WP No. 144636 of
2020, WP No. 144637 of 2020, WP No.
144638 of 2020, WP No. 144639 of 2020, WP
No. 147531 of 2020, WP No. 102787 of 2021,
WP No. 102800 of 2021, WP No. 102801 of
2021, WP No. 102820 of 2021, WP No.
102821 of 2021, WP No. 102835 of 2021, WP
No. 102836 of 2021, WP No. 102837 of 2021,
WP No. 102855 of 2021, WP No. 103164 of
2021
IN WP NO.102801/2021
BETWEEN:
SOMASHEKHARAPPA S/O.
SIDDAPPA CHALAGERI,
AGE: 67 YEARS, OCC: AGRICULTURE,
R/O. NESWI, TQ: HIREKERUR,
DIST: HAVERI-581208
....PETITIONERS
(BY SRI. LAXMAN T MANTAGANI, ADVOCATE;
SRI. N.J.APPANNAVAR, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER
HAVERI,
DIST: HAVERI-581110
2. THE SPECIAL LAND ACQUISITION OFFICER
UTP, RANEBENNUR,
DIST: HAVERI-581115.
3. THE EXECUTIVE ENGINEER, KNNL
UTP, RATTIHALLI,
(KAVALI KUPPI),
TQ: HIREKERUR,
DIST: HAVERI-581116.
...RESPONDENTS
(BY SRI.V.S.KALASURMATH, HCGP FOR R1 AND R2;
SRI. SHIVARAJ BALLOLLI, ADVOCATE FOR R3)
- 20 -
NC: 2024:KHC-D:3505
WP No. 117151 of 2019
C/W WP No. 117152 of 2019, WP No.
117153 of 2019, WP No. 144632 of 2020, WP
No. 144633 of 2020, WP No. 144634 of 2020,
WP No. 144635 of 2020, WP No. 144636 of
2020, WP No. 144637 of 2020, WP No.
144638 of 2020, WP No. 144639 of 2020, WP
No. 147531 of 2020, WP No. 102787 of 2021,
WP No. 102800 of 2021, WP No. 102801 of
2021, WP No. 102820 of 2021, WP No.
102821 of 2021, WP No. 102835 of 2021, WP
No. 102836 of 2021, WP No. 102837 of 2021,
WP No. 102855 of 2021, WP No. 103164 of
2021
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI
QUASHING THE ORDER DATED 03.03.2020 PASSED BY THE COURT
OF SENOR CIVIL JUDE AND JMFC., HIREKERUR IN LAC NO.40/2018
VIDE ANNEXURE-C.
IN WP NO.102820/2021
BETWEEN:
RAMAPPA S/O FAKKIRAPPA HULLATTI,
AGE: 56 YEARS, OCC: AGRICULTURE
R/O. NESWI, TQ: HIREKERUR,
DIST: HAVERI-581208.
....PETITIONERS
(BY SRI. LAXMAN T MANTAGANI, ADVOCATE;
SRI. N.J.APPANNAVAR, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER
HAVERI,
DIST: HAVERI-581110
2. THE SPECIAL LAND ACQUISITION OFFICER
UTP, RANEBENNUR,
DIST: HAVERI-581115.
3. THE EXECUTIVE ENGINEER, KNNL
UTP, RATTIHALLI,
(KAVALI KUPPI),
TQ: HIREKERUR,
DIST: HAVERI-581116.
...RESPONDENTS
- 21 -
NC: 2024:KHC-D:3505
WP No. 117151 of 2019
C/W WP No. 117152 of 2019, WP No.
117153 of 2019, WP No. 144632 of 2020, WP
No. 144633 of 2020, WP No. 144634 of 2020,
WP No. 144635 of 2020, WP No. 144636 of
2020, WP No. 144637 of 2020, WP No.
144638 of 2020, WP No. 144639 of 2020, WP
No. 147531 of 2020, WP No. 102787 of 2021,
WP No. 102800 of 2021, WP No. 102801 of
2021, WP No. 102820 of 2021, WP No.
102821 of 2021, WP No. 102835 of 2021, WP
No. 102836 of 2021, WP No. 102837 of 2021,
WP No. 102855 of 2021, WP No. 103164 of
2021
(BY SRI.V.S.KALASURMATH, HCGP FOR R1 AND R2;
SRI. SHIVARAJ BALLOLLI, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI
QUASHING THE ORDER DATED 03.03.2020 PASSED BY THE COURT
OF SENOR CIVIL JUDE AND JMFC., HIREKERUR IN LAC NO.22/2018
VIDE ANNEXURE-C.
IN WP NO.102821/2021
BETWEEN:
LOKESH S/O. SHIVAPPA BENAKANDONDA
AGE: 27 YEARS, OCC: AGRICULTURE,
R/O. NESWI, TQ: HIREKERUR,
DIST: HAVERI-581208
....PETITIONERS
(BY SRI. LAXMAN T MANTAGANI, ADVOCATE;
SRI. N.J.APPANNAVAR, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER
HAVERI,
DIST: HAVERI-581110
2. THE SPECIAL LAND ACQUISITION OFFICER
UTP, RANEBENNUR,
DIST: HAVERI-581115.
3. THE EXECUTIVE ENGINEER, KNNL
UTP, RATTIHALLI,
(KAVALI KUPPI),
- 22 -
NC: 2024:KHC-D:3505
WP No. 117151 of 2019
C/W WP No. 117152 of 2019, WP No.
117153 of 2019, WP No. 144632 of 2020, WP
No. 144633 of 2020, WP No. 144634 of 2020,
WP No. 144635 of 2020, WP No. 144636 of
2020, WP No. 144637 of 2020, WP No.
144638 of 2020, WP No. 144639 of 2020, WP
No. 147531 of 2020, WP No. 102787 of 2021,
WP No. 102800 of 2021, WP No. 102801 of
2021, WP No. 102820 of 2021, WP No.
102821 of 2021, WP No. 102835 of 2021, WP
No. 102836 of 2021, WP No. 102837 of 2021,
WP No. 102855 of 2021, WP No. 103164 of
2021
TQ: HIREKERUR,
DIST: HAVERI-581116.
...RESPONDENTS
(BY SRI.V.S.KALASURMATH, HCGP FOR R1 AND R2;
SRI. SHIVARAJ BALLOLLI, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI
QUASHING THE ORDER DATED 03.03.2020 PASSED BY THE COURT
OF SENOR CIVIL JUDE AND JMFC., HIREKERUR IN LAC NO.34/2018
VIDE ANNEXURE-C.
IN WP NO.102835/2021
BETWEEN:
SHIDHAPPA S/O. MAHADEVAPPA MULIMANI,
AGE: 41 YEARS, OCC: AGRICULTURIST AND JOB
R/O KADUR, TQ: HIREKERUR,
DIST: HAVERI-581208
NOW AT YALAVATTI, TQ: HARIHAR
DIST: DAVANAGERI-577601
....PETITIONERS
(BY SRI. LAXMAN T MANTAGANI, ADVOCATE;
SRI. N.J.APPANNAVAR, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER
HAVERI,
DIST: HAVERI-581110
2. THE SPECIAL LAND ACQUISITION OFFICER
UTP, RANEBENNUR,
- 23 -
NC: 2024:KHC-D:3505
WP No. 117151 of 2019
C/W WP No. 117152 of 2019, WP No.
117153 of 2019, WP No. 144632 of 2020, WP
No. 144633 of 2020, WP No. 144634 of 2020,
WP No. 144635 of 2020, WP No. 144636 of
2020, WP No. 144637 of 2020, WP No.
144638 of 2020, WP No. 144639 of 2020, WP
No. 147531 of 2020, WP No. 102787 of 2021,
WP No. 102800 of 2021, WP No. 102801 of
2021, WP No. 102820 of 2021, WP No.
102821 of 2021, WP No. 102835 of 2021, WP
No. 102836 of 2021, WP No. 102837 of 2021,
WP No. 102855 of 2021, WP No. 103164 of
2021
DIST: HAVERI-581115.
3. THE EXECUTIVE ENGINEER, KNNL
UTP, RATTIHALLI,
(KAVALI KUPPI),
TQ: HIREKERUR,
DIST: HAVERI-581116.
...RESPONDENTS
(BY SRI.V.S.KALASURMATH, HCGP FOR R1 AND R2;
SRI. SHIVARAJ BALLOLLI, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI
QUASHING THE ORDER DATED 18.12.2020 PASSED BY THE COURT
OF SENOR CIVIL JUDE AND JMFC., HIREKERUR IN LAC NO.04/2018
VIDE ANNEXURE-C.
IN WP NO.102836/2021
BETWEEN:
TIPPESH S/O BASAPPA KADUR,
AGE: 42 YEARS, OCC: AGRICULTURIST
R/O HADE, TQ: HIREKERUR
DIST: HAVERI-581208
....PETITIONERS
(BY SRI. LAXMAN T MANTAGANI, ADVOCATE;
SRI. N.J.APPANNAVAR, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER
HAVERI,
- 24 -
NC: 2024:KHC-D:3505
WP No. 117151 of 2019
C/W WP No. 117152 of 2019, WP No.
117153 of 2019, WP No. 144632 of 2020, WP
No. 144633 of 2020, WP No. 144634 of 2020,
WP No. 144635 of 2020, WP No. 144636 of
2020, WP No. 144637 of 2020, WP No.
144638 of 2020, WP No. 144639 of 2020, WP
No. 147531 of 2020, WP No. 102787 of 2021,
WP No. 102800 of 2021, WP No. 102801 of
2021, WP No. 102820 of 2021, WP No.
102821 of 2021, WP No. 102835 of 2021, WP
No. 102836 of 2021, WP No. 102837 of 2021,
WP No. 102855 of 2021, WP No. 103164 of
2021
DIST: HAVERI-581110
2. THE SPECIAL LAND ACQUISITION OFFICER
UTP, RANEBENNUR,
DIST: HAVERI-581115.
3. THE EXECUTIVE ENGINEER, KNNL
UTP, RATTIHALLI,
(KAVALI KUPPI),
TQ: HIREKERUR,
DIST: HAVERI-581116.
...RESPONDENTS
(BY SRI.V.S.KALASURMATH, HCGP FOR R1 AND R2;
SRI. SHIVARAJ BALLOLLI, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI
QUASHING THE ORDER DATED 18.12.2020 PASSED BY THE COURT
OF SENOR CIVIL JUDE AND JMFC., HIREKERUR IN LAC NO.02/2019
VIDE ANNEXURE-C.
IN WP NO.102837/2021
BETWEEN:
RAMAPPA S/O. SIDDAPPA HANCHINAMANI
SINCE DECEASED BY HIS LR'S
1. BEERAPPA S/O RAMAPPA HANCHINAMANI
AGE: 52 YEARS, OCC: AGRICULTURE
2. BASAVARAJAPPA S/O. RAMAPPA HANCHINAMNI,
AGE: 44 YEARS, OCC: AGRICULTURE
- 25 -
NC: 2024:KHC-D:3505
WP No. 117151 of 2019
C/W WP No. 117152 of 2019, WP No.
117153 of 2019, WP No. 144632 of 2020, WP
No. 144633 of 2020, WP No. 144634 of 2020,
WP No. 144635 of 2020, WP No. 144636 of
2020, WP No. 144637 of 2020, WP No.
144638 of 2020, WP No. 144639 of 2020, WP
No. 147531 of 2020, WP No. 102787 of 2021,
WP No. 102800 of 2021, WP No. 102801 of
2021, WP No. 102820 of 2021, WP No.
102821 of 2021, WP No. 102835 of 2021, WP
No. 102836 of 2021, WP No. 102837 of 2021,
WP No. 102855 of 2021, WP No. 103164 of
2021
3. SHIVAPPA S/O RAMAPPA HANCHINAMANI
AGE: 45 YEARS, OCC: AGRICULTURE
4. KUMAR S/O RAMAPPA HANCHINAMNI
AGE: 42 YEARS, OCC: AGRICULTURE
ABOVE ALL ARE R/O KADUR, TQ: HIREKERUR
DIST: HAVERI-581208
....PETITIONERS
(BY SRI. LAXMAN T MANTAGANI, ADVOCATE;
SRI. N.J.APPANNAVAR, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER
HAVERI,
DIST: HAVERI-581110
2. THE SPECIAL LAND ACQUISITION OFFICER
UTP, RANEBENNUR,
DIST: HAVERI-581115.
3. THE EXECUTIVE ENGINEER, KNNL
UTP, RATTIHALLI,
(KAVALI KUPPI),
TQ: HIREKERUR,
DIST: HAVERI-581116.
...RESPONDENTS
(BY SRI.V.S.KALASURMATH, HCGP FOR R1 AND R2;
SRI. SHIVARAJ BALLOLLI, ADVOCATE FOR R3)
- 26 -
NC: 2024:KHC-D:3505
WP No. 117151 of 2019
C/W WP No. 117152 of 2019, WP No.
117153 of 2019, WP No. 144632 of 2020, WP
No. 144633 of 2020, WP No. 144634 of 2020,
WP No. 144635 of 2020, WP No. 144636 of
2020, WP No. 144637 of 2020, WP No.
144638 of 2020, WP No. 144639 of 2020, WP
No. 147531 of 2020, WP No. 102787 of 2021,
WP No. 102800 of 2021, WP No. 102801 of
2021, WP No. 102820 of 2021, WP No.
102821 of 2021, WP No. 102835 of 2021, WP
No. 102836 of 2021, WP No. 102837 of 2021,
WP No. 102855 of 2021, WP No. 103164 of
2021
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI
QUASHING THE ORDER DATED 18.12.2020 PASSED BY THE COURT
OF SENOR CIVIL JUDE AND JMFC., HIREKERUR IN LAC NO.06/2019
VIDE ANNEXURE-C.
IN WP NO.102855/2021
BETWEEN:
HALANAGOUDA S/O. BASANAGOUDA KAREGOUDRA,
SINCE DECEASED BY HIS LR'S
1. SMT. SAVITRA W/O HALANAGUDRA,
AGE: 57 YEARS, OCC: AGRICULTURE,
2. BASANAGOUDA S/O. HALANAGOUDA KAREGOUDRA,
AGE: 34 YEARS, OCC: AGRICULTURE
3. SUJATHA D/O HALANAGOUDA KAREGOUDRA
AGE: 31 YEARS, OCC: AGRICULTURE
4. MANJUNATH S/O HALANAGOUDA KAREGOURA,
AGE: 28 YEARS, OCC: AGRICULTURE
ABOVE ALL ARE R/O KADUR,
RQ: RATTIHALLI, DIST: HAVERI-581208
....PETITIONERS
(BY SRI. LAXMAN T MANTAGANI, ADVOCATE;
SRI. N.J.APPANNAVAR, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER
- 27 -
NC: 2024:KHC-D:3505
WP No. 117151 of 2019
C/W WP No. 117152 of 2019, WP No.
117153 of 2019, WP No. 144632 of 2020, WP
No. 144633 of 2020, WP No. 144634 of 2020,
WP No. 144635 of 2020, WP No. 144636 of
2020, WP No. 144637 of 2020, WP No.
144638 of 2020, WP No. 144639 of 2020, WP
No. 147531 of 2020, WP No. 102787 of 2021,
WP No. 102800 of 2021, WP No. 102801 of
2021, WP No. 102820 of 2021, WP No.
102821 of 2021, WP No. 102835 of 2021, WP
No. 102836 of 2021, WP No. 102837 of 2021,
WP No. 102855 of 2021, WP No. 103164 of
2021
HAVERI,
DIST: HAVERI-581110
2. THE SPECIAL LAND ACQUISITION OFFICER
UTP, RANEBENNUR,
DIST: HAVERI-581115.
3. THE EXECUTIVE ENGINEER, KNNL
UTP, RATTIHALLI,
(KAVALI KUPPI),
TQ: HIREKERUR,
DIST: HAVERI-581116.
...RESPONDENTS
(BY SRI.V.S.KALASURMATH, HCGP FOR R1 AND R2;
SRI. SHIVARAJ BALLOLLI, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI
QUASHING THE ORDER DATED 18.12.2020 PASSED BY THE COURT
OF SENOR CIVIL JUDE AND JMFC., HIREKERUR IN LAC NO.05/2019
VIDE ANNEXURE-C.
IN WP NO.103164/2021
BETWEEN:
RUDRAPPA S/O. HANUMANTAPPA KAMATALLI,
SINCE DECEASED BY HIS LR'S
1. SHANTAVVA W/O RUDRAPPA KAMATALLI,
AGE: 57 YEARS, OCC: AGRICULTURE
2. ANANDA S/O RUDRAPPA KAMATALLI,
AGE: 40 YEARS, OCC: AGRICULTURE
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NC: 2024:KHC-D:3505
WP No. 117151 of 2019
C/W WP No. 117152 of 2019, WP No.
117153 of 2019, WP No. 144632 of 2020, WP
No. 144633 of 2020, WP No. 144634 of 2020,
WP No. 144635 of 2020, WP No. 144636 of
2020, WP No. 144637 of 2020, WP No.
144638 of 2020, WP No. 144639 of 2020, WP
No. 147531 of 2020, WP No. 102787 of 2021,
WP No. 102800 of 2021, WP No. 102801 of
2021, WP No. 102820 of 2021, WP No.
102821 of 2021, WP No. 102835 of 2021, WP
No. 102836 of 2021, WP No. 102837 of 2021,
WP No. 102855 of 2021, WP No. 103164 of
2021
3. TIPPESH S/O RUDRAPPA KAMATALLI,
AGE: 36 YEARS, OCC: AGRICULTURE
BASAPPA S/O. HANUMANTAPPA KAMATALLI,
SINCE DECEASED BY HIS LR'S
4. LAXMAVVA W/O BASAPPA KAMATALLI,
AGE: 52 YEARS, OCC: AGRICULTURE
5. RAMESH S/O BASAPPA KAMATALLI,
AGE: 34 YEARS, OCC: AGRICULTURE
SHIVAJEPPA S/O HANUMANTAPPA KAMATALLI
SINCE DECEASED BY HIS LR'S
6. MEENAKSHAMMA W/O SHIVAJEPPA KAMATALLI,
AGE: 46 YEARS, OCC: AGRICULTURE
7. ARPITA W/O HANUMANTAPPA TALAWAR
AGE: 24 YEARS, OCC: AGRICULTURE
8. GANESH S/O SHIVAJEPPA KAMATALLI
AGE: 22 YEARS, OCC: AGRICULTURE
9. SHASHIKALA D/O SHIVAJEPPA KAMATALLI
AGE: 21 YEARS, OCC: AGRICULTURE
ABOVE ALL ARE R/O KADUR,
T: RATTIHALLI, DIST: HAVERI-581208
....PETITIONERS
(BY SRI. LAXMAN T MANTAGANI, ADVOCATE;
SRI. N.J.APPANNAVAR, ADVOCATE)
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NC: 2024:KHC-D:3505
WP No. 117151 of 2019
C/W WP No. 117152 of 2019, WP No.
117153 of 2019, WP No. 144632 of 2020, WP
No. 144633 of 2020, WP No. 144634 of 2020,
WP No. 144635 of 2020, WP No. 144636 of
2020, WP No. 144637 of 2020, WP No.
144638 of 2020, WP No. 144639 of 2020, WP
No. 147531 of 2020, WP No. 102787 of 2021,
WP No. 102800 of 2021, WP No. 102801 of
2021, WP No. 102820 of 2021, WP No.
102821 of 2021, WP No. 102835 of 2021, WP
No. 102836 of 2021, WP No. 102837 of 2021,
WP No. 102855 of 2021, WP No. 103164 of
2021
AND:
1. THE DEPUTY COMMISSIONER
HAVERI,
DIST: HAVERI-581110
2. THE SPECIAL LAND ACQUISITION OFFICER
UTP, RANEBENNUR,
DIST: HAVERI-581115.
3. THE EXECUTIVE ENGINEER, KNNL
UTP, RATTIHALLI,
(KAVALI KUPPI),
TQ: HIREKERUR,
DIST: HAVERI-581116.
...RESPONDENTS
(BY SRI.V.S.KALASURMATH, HCGP FOR R1 AND R2;
SRI. SHIVARAJ BALLOLLI, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI
QUASHING THE ORDER DATED 18.12.2020 PASSED BY THE COURT
OF SENOR CIVIL JUDE AND JMFC., HIREKERUR IN LAC NO.03/2019
VIDE ANNEXURE-C.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:3505
WP No. 117151 of 2019
C/W WP No. 117152 of 2019, WP No.
117153 of 2019, WP No. 144632 of 2020, WP
No. 144633 of 2020, WP No. 144634 of 2020,
WP No. 144635 of 2020, WP No. 144636 of
2020, WP No. 144637 of 2020, WP No.
144638 of 2020, WP No. 144639 of 2020, WP
No. 147531 of 2020, WP No. 102787 of 2021,
WP No. 102800 of 2021, WP No. 102801 of
2021, WP No. 102820 of 2021, WP No.
102821 of 2021, WP No. 102835 of 2021, WP
No. 102836 of 2021, WP No. 102837 of 2021,
WP No. 102855 of 2021, WP No. 103164 of
2021
ORDER
The issue involved in all these petitions are similar, therefore, taken up together.
2. Heard and disposed of by a common order.
3. The lands belonging to the petitioners herein were proposed to be acquired by issuing a notice under Section 11(1) of the Act, 2013 on 20.08.2013, which culminated in passing of an award determining the market value of the subject land. The notices under Section 12(2) of the Act, 1984 were served on the petitioners herein in the month of October- 2013. The petitioners filed a protest petition under Section 18(1) of the Act, 1894 within 90 days as contemplated under Section 18(1) of the Act, 1894. However, the Special Land Acquisition Officer did not choose to refer the protest petition submitted by the petitioners with the jurisdictional Reference Court within the time stipulated. However, referred the protest petition after expiry of the time stipulated. The Reference Court dismissed the protest petition stating that the reference made by the Special Land Acquisition Officer was barred by limitation, against which the present petitions are filed.
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NC: 2024:KHC-D:3505 WP No. 117151 of 2019 C/W WP No. 117152 of 2019, WP No. 117153 of 2019, WP No. 144632 of 2020, WP No. 144633 of 2020, WP No. 144634 of 2020, WP No. 144635 of 2020, WP No. 144636 of 2020, WP No. 144637 of 2020, WP No. 144638 of 2020, WP No. 144639 of 2020, WP No. 147531 of 2020, WP No. 102787 of 2021, WP No. 102800 of 2021, WP No. 102801 of 2021, WP No. 102820 of 2021, WP No. 102821 of 2021, WP No. 102835 of 2021, WP No. 102836 of 2021, WP No. 102837 of 2021, WP No. 102855 of 2021, WP No. 103164 of 2021
4. Learned counsel for the petitioners would submit that the owner of land bearing RS.No.116 which was acquired under the very same notification had filed a protest petition and the protest petition was referred to the Reference Court after expiry of the time stipulated, and the Reference Court passed an award enhancing the market value of the land and therefore, the petitioners are also entitled for determination of the market value of their land on par with the market value determined in LAC No.10/2018. In support he places reliance on the decision of the Hon'ble Supreme Court in the case of Dhiraj Singh (D) TR vs. Haryana State reported in (2014) 14 SCC 127.
5. On the other hand, learned counsel for respondent No.3 submits that though the protest petitions were filed within the time stipulated, however, the petitioners did not choose to file an application under Section 18(2)(b) of the Act, 1894 to refer the protest petition to the Reference Court and therefore, the protest petition referred to the jurisdictional Reference Court after five years from the date of reference was barred by limitation. Therefore, the Reference Court has rightly passed the impugned order rejecting the protest petition filed by the
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NC: 2024:KHC-D:3505 WP No. 117151 of 2019 C/W WP No. 117152 of 2019, WP No. 117153 of 2019, WP No. 144632 of 2020, WP No. 144633 of 2020, WP No. 144634 of 2020, WP No. 144635 of 2020, WP No. 144636 of 2020, WP No. 144637 of 2020, WP No. 144638 of 2020, WP No. 144639 of 2020, WP No. 147531 of 2020, WP No. 102787 of 2021, WP No. 102800 of 2021, WP No. 102801 of 2021, WP No. 102820 of 2021, WP No. 102821 of 2021, WP No. 102835 of 2021, WP No. 102836 of 2021, WP No. 102837 of 2021, WP No. 102855 of 2021, WP No. 103164 of 2021 petitioners. He further submits that though the market value of the land involved in LAC No.10/2018 was enhanced, however that does not confer any legal right to get the same relief which was granted inadvertently or by mistake. In support of his submissions, he places reliance on the decisions of the Hon'ble Supreme Court in the case of the State of Karnataka vs. Laxuman reported in (2005) 8 SCC 709 and in the case of Basawaraj and others vs. Special Land Acquisition Officer reported in (2013) 14 SCC 81.
6. Considered the submissions made by learned counsel for the parties.
7. It is undisputed that, the subject lands belonging to the petitioners were acquired for the purpose of Upper Tunga Canal project, and award was passed determining the market value of the subject land. The notices under Section 12(2) of the Act, 1894 were served to the petitioners in the month of October-2013, and it is also undisputed that the protest petitions filed by the petitioners were within the time stipulated.
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NC: 2024:KHC-D:3505 WP No. 117151 of 2019 C/W WP No. 117152 of 2019, WP No. 117153 of 2019, WP No. 144632 of 2020, WP No. 144633 of 2020, WP No. 144634 of 2020, WP No. 144635 of 2020, WP No. 144636 of 2020, WP No. 144637 of 2020, WP No. 144638 of 2020, WP No. 144639 of 2020, WP No. 147531 of 2020, WP No. 102787 of 2021, WP No. 102800 of 2021, WP No. 102801 of 2021, WP No. 102820 of 2021, WP No. 102821 of 2021, WP No. 102835 of 2021, WP No. 102836 of 2021, WP No. 102837 of 2021, WP No. 102855 of 2021, WP No. 103164 of 2021
8. The Special Land Acquisition Officer was required to refer the protest petition to the Reference Court at the earliest and when the SLAO has failed in his duties to refer the protest petition, the petitioners were obligated to file miscellaneous application under Section 18(3)(b) of the Act, 1894 before the jurisdictional Reference Court. However, the petitioners, though claims to be ignorant and illiterate, have slept over the rights and did not choose to avail the remedy provided under Section 18(3)(b) of the Act, 1894. The SLAO referred the protest petition after five years from the date of the filing of the protest petition and the Reference Court taking into account that the reference petitions were referred after three years, 90 days, dismissed the protest petition as barred by limitation. The Hon'ble Supreme Court in the case of the State of Karnataka, (supra), has held that the right of the claimants stands extinguished simultaneously with the extension of the claimant's right to get a reference called for on expiry of three years and 90 days from the date of reference application made within the time prescribed under section 18(2) of the Act, 1894.
9. The Apex Court further held that Section 5 of the Limitation Act has no application to proceedings before the
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NC: 2024:KHC-D:3505 WP No. 117151 of 2019 C/W WP No. 117152 of 2019, WP No. 117153 of 2019, WP No. 144632 of 2020, WP No. 144633 of 2020, WP No. 144634 of 2020, WP No. 144635 of 2020, WP No. 144636 of 2020, WP No. 144637 of 2020, WP No. 144638 of 2020, WP No. 144639 of 2020, WP No. 147531 of 2020, WP No. 102787 of 2021, WP No. 102800 of 2021, WP No. 102801 of 2021, WP No. 102820 of 2021, WP No. 102821 of 2021, WP No. 102835 of 2021, WP No. 102836 of 2021, WP No. 102837 of 2021, WP No. 102855 of 2021, WP No. 103164 of 2021 Collector or Deputy Commissioner while entertaining an application for reference, and see no reason not to accept that position. It was further held that an application under Section 18(3)(b) of the Act is to compel a reference by the Deputy Commissioner, and on expiry of three years, and 90 days from the date of application for reference seeking enhancement the right of the Deputy Commissioner to make the reference comes to an end. Therefore, in view of the ratio enunciated by the Hon'ble Supreme Court, the reference made after expiry of three months ninety days was barred by limitation. Therefore, the impugned order passed by Reference Court does not warrant any interference.
10. The petitioners contendS that in respect of land bearing RS No.116, which was acquired under the same notification, the protest petition was entertained after expiry of the time stipulated for making reference, and the market value of the said land was enhanced. Therefore the Reference Court ought to have entertained the protest petition, and enhanced the market value of the subject lands.
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NC: 2024:KHC-D:3505 WP No. 117151 of 2019 C/W WP No. 117152 of 2019, WP No. 117153 of 2019, WP No. 144632 of 2020, WP No. 144633 of 2020, WP No. 144634 of 2020, WP No. 144635 of 2020, WP No. 144636 of 2020, WP No. 144637 of 2020, WP No. 144638 of 2020, WP No. 144639 of 2020, WP No. 147531 of 2020, WP No. 102787 of 2021, WP No. 102800 of 2021, WP No. 102801 of 2021, WP No. 102820 of 2021, WP No. 102821 of 2021, WP No. 102835 of 2021, WP No. 102836 of 2021, WP No. 102837 of 2021, WP No. 102855 of 2021, WP No. 103164 of 2021
11. The Hon'ble Supreme Court in the case of Basawaraj and another -vs- Special Land Acquisition Officer - (2013) 14 SCC 81 has held at para-8 as follows:
"8. It is a settled legal proposition that Article 14 of the Constitution is not meant to perpetuate illegality or fraud, even by extending the wrong decisions made in other cases. The said provision does not envisage negative equality but has only a positive aspect. Thus,if some other similarly situated persons have been granted some relief/benefit inadvertently or by mistake, such an order does not confer any legal right on others to get the same relief as well. If a wrong is committed in an earlier case, it cannot be perpetuated. Equality is trite, which cannot be claimed in illegality and therefore, cannot be enforced by a citizen or court in a negative manner. If an illegality and irregularity has been committed in favour of an individual or a group of individuals or a wrong order has been passed by a judicial forum, others cannot invoke the jurisdiction of the higher or superior court for repeating or multiplying the same irregularity or illegality or for passing a similarly wrong order. A wrong order/decision in favour of any particular party does not entitle any other party to claim benefits on the basis of the wrong decision. Even otherwise, Article 14 cannot be stretched too far for otherwise it would make functioning of administration impossible. (vide Chandigarh Admn. V. Jagjit Singh, Anand
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NC: 2024:KHC-D:3505 WP No. 117151 of 2019 C/W WP No. 117152 of 2019, WP No. 117153 of 2019, WP No. 144632 of 2020, WP No. 144633 of 2020, WP No. 144634 of 2020, WP No. 144635 of 2020, WP No. 144636 of 2020, WP No. 144637 of 2020, WP No. 144638 of 2020, WP No. 144639 of 2020, WP No. 147531 of 2020, WP No. 102787 of 2021, WP No. 102800 of 2021, WP No. 102801 of 2021, WP No. 102820 of 2021, WP No. 102821 of 2021, WP No. 102835 of 2021, WP No. 102836 of 2021, WP No. 102837 of 2021, WP No. 102855 of 2021, WP No. 103164 of 2021 Buttons Ltd. V. State of Haryana, K K Bhalla v State of M P and Fuljit Kaur v. State of Punjab."
12. What emerges from the ratio enunciated by the Hon'ble Supreme Court in the aforesaid case is that if some similarly situated person having been granted benefit inadvertently or by mistake, such an order does not confer any legal right on others to get the same relief as well, and if a wrong is committed in an earlier case, it cannot be perpetuated. Therefore, the contention of the petitioner that the Reference Court, having entertained the reference petition belatedly in respect of a land which was the subject matter of the very same notification, ought to have entertained the protest petition filed by the petitioners is not acceptable. Accordingly, I pass the following:
ORDER
i) The petitions stand dismissed.
ii) ii)Liberty is reserved with the petitioners to file an application under section 28(A) of the Act 1894 in accordance with law. If such an application is filed,
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NC: 2024:KHC-D:3505 WP No. 117151 of 2019 C/W WP No. 117152 of 2019, WP No. 117153 of 2019, WP No. 144632 of 2020, WP No. 144633 of 2020, WP No. 144634 of 2020, WP No. 144635 of 2020, WP No. 144636 of 2020, WP No. 144637 of 2020, WP No. 144638 of 2020, WP No. 144639 of 2020, WP No. 147531 of 2020, WP No. 102787 of 2021, WP No. 102800 of 2021, WP No. 102801 of 2021, WP No. 102820 of 2021, WP No. 102821 of 2021, WP No. 102835 of 2021, WP No. 102836 of 2021, WP No. 102837 of 2021, WP No. 102855 of 2021, WP No. 103164 of 2021 the same to be considered in terms of the award passed in LAC No.10/2018.
Sd/-
JUDGE SSP,BKM CT:ANB List No.: 1 Sl No.: 41