Karnataka High Court
K Kuberappa vs The State Of Karnataka on 7 January, 2026
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WP No. 112639 of 2014
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 7TH DAY OF JANUARY 2026
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
WRIT PETITION NO. 112639 OF 2014 (LA-KIADB)
BETWEEN:
1. K. KUBERAPPA S/O. K. POMPANNA
AGE: 40 YEARS, OCC: AGRICULTURE.
2. K. SHANMUKHAPPA S/O. K. POMPANNA
AGE: 37 YEARS, OCC: AGRICULTURE.
3. K. DEVENDRA S/O. K.POMPANNA
AGE: 50 YEARS, OCC: AGRICULTURE.
4. MULLANGI SHRINIVASALU
S/O. MULLANGI CHINNALINGAPPA,
AGE: 38 YEARS, OCC: AGRICULTURE.
5. SMT. LAXMIDEVI W/O. HANUMANTAPPA
AGE: 44 YEARS, OCC: AGRICULTURE.
6. RAMPURADA PRABHAVATHI
W/O. RAMPURADA BASAVARAJ,
MANJANNA AGE: 30 YEARS, OCC: AGRICULTURE.
E
7. MULLANGI SANNALINGAPPA
Digitally signed by
MANJANNA E S/O. MARIBASAPPA
Location: HIGH COURT OF
KARNATAKA DHARWAD
BENCH
AGE: 72 YEARS, OCC: AGRICULTURE.
Date: 2026.01.24 11:28:22
+0530
8. SMT. B. VENKATAMMA
W/O. LATE TIMMAPPA,
AGE: 65 YEARS, OCC: AGRICULTURE.
9. B. BASAVARAJ
S/O. B. LINGAPPA
AGE: 30 YEARS, OCC: AGRICULTURE.
10. B. ANAND BANNAPUR
S/O. B. LINGAPPA,
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WP No. 112639 of 2014
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AGE: 29 YEARS, OCC: AGRICULTURE.
11. B. GOVINDAPPA S/O. B. LINGAPPA
AGE: 34 YEARS, OCC: AGRICULTURE.
12. B. ESHWARAPPA
S/O. SANNAMARIYANNA,
AGE: 51 YEARS, OCC: AGRICULTURE.
13. SMT. TIMMAKKA
W/O. SANNAHANUMAYYA,
AGE: 54 YEARS, OCC: AGRICULTURE.
14. SMT. AMBAMMA @ HOLLUR AMBAMMA
W/O. MARIYAPPA,
AGE: 61 YEARS, OCC: AGRICULTURE.
15. SMT. GANGAMMA
W/O. BOBBANALLA RAM CHANDRAPPA,
AGE: 64 YEARS, OCC: AGRICULTURE.
16. SMT. LAXMIDEVI W/O. HONNURAPPA,
AGE: 63 YEARS, OCC: AGRICULTURE.
17. ERANNA S/O. SANNAHANUMAYYA
AGE: 39 YEARS, OCC: AGRICULTURE.
18. SMT. H. RUDRAMMA
W/O. DODDA SHANKARAPPA,
AGE: 57 YEARS, OCC: AGRICULTURE.
19. TIPPANNA S/O. HANUMANTAPPA
AGE: 58 YEARS, OCC: AGRICULTURE.
20. SMT. A. HONNURAMMA W/O. HALAPPA
AGE: 53 YEARS, OCC: AGRICULTURE.
21. NAGALINGAPPA S/O. SANNA SOMAPPA
AGE: 59 YEARS, OCC: AGRICULTURE.
22. KURUGODA RAMANNA S/O. BALAPPA
AGE: 74 YEARS, OCC: AGRICULTURE.
23. SMT. HULIGEMMA W/O. VENKATESH
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WP No. 112639 of 2014
HC-KAR
AGE: 53 YEARS, OCC: AGRICULTURE.
24. DAMMURU GANGADHAR S/O. D. SANJEEVAPPA
AGE: 38 YEARS, OCC: AGRICULTURE.
25. T. VENKATESHAPPA S/O. TIMMAPPA
AGE: 72 YEARS, OCC: AGRICULTURE.
26. SMT. KAMAKSHAMMA
D/O. DODDAHULUGAPPA,
AGE: 64 YEARS, OCC: AGRICULTURE.
27. B. BHEEMANNA S/O. LAKSHAMMA
AGE: 65 YEARS, OCC: AGRICULTURE.
28. AJAMAR SHANKAR S/O. A. BAJARAPPA
AGE: 55 YEARS, OCC: AGRICULTURE.
29. P. RAMZANSAB S/O. P. DODDAKARIMSAB
AGE: 36 YEARS, OCC: AGRICULTURE.
30. P. BADASAB S/O. P. DODDAKARIMSAB
AGE: 37 YEARS, OCC: AGRICULTURE.
31. SMT. PARVATAMMA
W/O. G. SURYANARAYAN,
AGE: 53 YEARS, OCC: AGRICULTURE.
32. HONNURAPPA S/O. CHIDANANDAPPA,
AGE: 54 YEARS, OCC: AGRICULTURE.
33. POLKI RAMANANJAPPA S/O. RAMAPPA
AGE: 51 YEARS, OCC: AGRICULTURE.
34. D. MALLIKARJUN
S/O. LATE SANJEEVAPPA,
AGE: 32 YEARS, OCC: AGRICULTURE.
35. SMT. SHIVAGANGAMMA
W/O. KERE HONNURAPPA,
AGE: 42 YEARS, OCC: AGRICULTURE.
36. DAMMUR LAKSHMAN
S/O. D. HANUMANTAPPA,
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NC: 2026:KHC-D:140
WP No. 112639 of 2014
HC-KAR
AGE: 53 YEARS, OCC: AGRICULTURE.
37. B. KRISHNAYYA S/O. HANUMAYYA
AGE: 42 YEARS, OCC: AGRICULTURE,
PETITIONER NO.1 TO 37 ARE THE RESIDENTS OF
VENI VEERAPUR OF BELLARY TALUKA, BELLARY DIST.
38. YANA RANGA S/O. RANGAPPA
AGE: 47 YEARS, OCC: AGRICULTURE,
R/O. KUDUTINI, TQ. AND DIST: BELLARY.
39. SMT. B. RENUKA W/O. RAVINDRA
AGE: 49 YEARS, OCC: AGRICULTURE,
R/O. KUDUTINI, TQ. AND DIST: BELLARY.
40. G. SHANKARLINGA S/O. MALLIKARJUN
AGE: 28 YEARS, OCC: AGRICULTURE,
R/O. KUDUTINI, TQ. AND DIST: BELLARY.
41. B. SHEKHAR RAO S/O. NARAYAN RAO
AGE: 47 YEARS, OCC: AGRICULTURE,
R/O. KUDUTINI, TQ. AND DIST: BELLARY.
42. K.R. VIDHYA D/O. K. RAMAPPA
AGE: 33 YEARS, OCC: AGRICULTURE,
R/O. KUDUTINI, TQ. AND DIST: BELLARY.
43. SMT. K. VANAJAKSHAMMA
W/O. M. BASAVARAJAPPA,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O: VENI VEERAPUR OF BELLARY TALUKA,
BELLARY DIST.
44. AGASAR HONNURAPPA
S/O. AGASAR GADAPPA,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O: VENI VEERAPUR OF BELLARY TALUKA,
BELLARY DIST.
45. AGASAR NEELAMMA W/O. LAXMAN
AGE: 36 YEARS, OCC: AGRICULTURE,
R/O: VENI VEERAPUR OF BELLARY TALUKA,
BELLARY DIST.
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WP No. 112639 of 2014
HC-KAR
46. YALLAPPA S/O. HULIGEMMA
AGE: 68 YEARS, OCC: AGRICULTURE,
R/O: KUDUTINI, TQ. AND DIST: BELLARY.
47. R.T. NAIDU S/O. R. SINGARAPPA
AGE: 53 YEARS, OCC: AGRICULTURE,
R/O: VENI VEERAPUR OF BELLARY TALUKA,
BELLARY DIST.
48. SMT. M. LALITAMMA
W/O. M. NEELAKANTAPPA,
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O: VENI VEERAPUR OF BELLARY TALUKA,
BELLARY DIST.
49. L. SHIVARAMREDDY S/O. VENKATREDDY
AGE: 36 YEARS, OCC: AGRICULTURE,
R/O: KOLAGALLU, TQ AND DIST: BELLARY.
50. L. NARAYAN REDDY S/O. VENKAT REDDY
AGE: 44 YEARS, OCC: AGRICULTURE,
R/O: KOLAGALLU, TQ. AND DIST: BELLARY.
51. L. UMMA REDDY S/O. VENKAT REDDY
AGE: 46 YEARS, OCC: AGRICULTURE,
R/O: KOLAGALLU, TQ. AND DIST: BELLARY.
52. SMT. K. SAVITRAMMA W/O. VEERACHARI
AGE: 53 YEARS, OCC: AGRICULTURE,
R/O: KOLAGALLU, TQ. AND DIST: BELLARY.
53. J. NARAYAN S/O. ERAPPA
AGE: 64 YEARS, OCC: AGRICULTURE,
R/O: VENI VEERAPUR OF BELLARY TALUKA,
BELLARY DIST.
54. SMT. B. SHARADAMMA W/O. BALACHARI
AGE: 47 YEARS, OCC: AGRICULTURE,
R/O. KOLAGALLU, TQ AND DIST: BELLARY.
55. LOKESH S/O. VENKATESHAPPA
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O: VENI VEERAPUR OF BELLARY TALUKA,
BELLARY DIST.
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WP No. 112639 of 2014
HC-KAR
56. NAGESH S/O. VENKATESHAPPA
AGE: 42 YEARS, OCC: AGRICULTURE,
R/O: VENI VEERAPUR OF BELLARY TALUKA,
BELLARY DIST.
57. SMT. GANGAMMA @ RAMAKKA
W/O. RAM REDDY,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O: KOLAGALLU, TQ AND DIST: BELLARY.
58. SMT. P. KALAVATI
W/O. PADMANABHARAVU,
AGE: 54 YEARS, OCC: AGRICULTURE,
R/O: KOLAGALLU, TQ. AND DIST: BELLARY.
59. SMT. BHAGYAMMA
W/O. RAMANJANEYA REDDY,
AGE: 57 YEARS, OCC: AGRICULTURE,
R/O: KOLAGALLU, TQ. AND DIST: BELLARY.
60. SMT. P. MALLAMMA W/O. V. V. SHASTRI
AGE: 54 YEARS, OCC: AGRICULTURE,
R/O: KOLAGALLU, TQ AND DIST: BELLARY.
61. B. KRISHNAYYA S/O. HANUMAYYA
AGE: 37 YEARS, OCC: AGRICULTURE,
R/O: VENI VEERAPUR OF BELLARY TALUKA,
BELLARY DIST.
62. B. ERANNA S/O. HANUMAIAH
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: VENI VEERAPUR OF BELLARY TALUKA,
BELLARY DIST.
63. SAVITRAMMA D/O. MARIYAMMA,
AGE: 38 YEARS, OCC: AGRICULTURE,
R/O: VENI VEERAPUR OF BELLARY TALUKA,
BELLARY DIST.
64. SMT. BANAPUR SUNKAMMA W/O. SIDDARAMAPPA,
AGE: 58 YEARS, OCC: AGRICULTURE,
R/O: KOLAGALLU, TQ. AND DIST: BELLARY.
65. M. NEELAKANTAPPA S/O. DODDABASAPPA
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WP No. 112639 of 2014
HC-KAR
AGE: 71 YEARS, OCC: AGRICULTURE,
R/O: VENI VEERAPUR OF BELLARY TALUKA,
BELLARY DIST.
66. B. ERAPPA S/O. B. SIDDARAMAPPA
AGE: 42 YEARS, OCC: AGRICULTURE,
R/O: KOLAGALLU, TQ. AND DIST: BELLARY.
67. B. HONNURSWAMY S/O. B. SIDDARAMAPPA
AGE: 36 YEARS, OCC: AGRICULTURE,
R/O: KOLAGALLU, TQ. AND DIST: BELLARY.
68. B. PANDURANG
S/O. BANAPUR SIDDARAMAPPA,
AGE: 22 YEARS, OCC: AGRICULTURE,
R/O: KOLAGALLU, TQ. AND DIST: BELLARY.
69. SIDDARAMAPPA S/O. BANAPUR ERAPPA
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O: KOLAGALLU, TQ AND DIST: BELLARY.
70. G. SHREEDHAR S/O. YANGANNA
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O: KUDUTHINI, TQ. AND DIST: BELLARY.
71. G. GIRIDHAR CHOUDHARY S/O. YANGANNA
AGE: 54 YEARS, OCC: AGRICULTURE,
R/O: KUDUTHINI, TQ. AND DIST: BELLARY.
72. LAKSHMI DEVI @ LAKSHAMMA D/O. BASAPPA
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O: KUDUTHINI, TQ. AND DIST: BELLARY.
73. SUSHEELAMMA
D/O. LAXMI DEVI @ LAKSHAMMA,
AGE: 38 YEARS, OCC: AGRICULTURE,
R/O: KUDUTHINI, TQ. AND DIST: BELLARY.
74. KOLLARAMMA D/O. AMBAKKA
AGE: 49 YEARS, OCC: AGRICULTURE,
R/O: KUDUTHINI, TQ. AND DIST: BELLARY.
75. MALLAYYA HARIJAN S/O. ERANNA
AGE: 32 YEARS, OCC: AGRICULTURE,
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WP No. 112639 of 2014
HC-KAR
R/O: KUDUTHINI, TQ. AND DIST: BELLARY.
76. BILIBAYAPPA S/O. HANUMAKKA
AGE: 53 YEARS, OCC: AGRICULTURE,
R/O: KUDUTHINI, TQ. AND DIST: BELLARY.
77. AMBEKKA D/O. AMBANNA
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O: KUDUTHINI, TQ. AND DIST: BELLARY.
78. B. BANAPUR SIDDRAMAPPA S/O. B. ERAPPA
AGE: 68 YEARS, OCC: AGRICULTURE,
R/O: KOLAGALLU, TQ. AND DIST: BELLARY.
79. D. SEETARAM REDDY
S/O. DAMMUR DODDAPPA,
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O: KUDUTHINI, TQ. AND DIST: BELLARY.
80. SMT. SUBBAMMA W/O. LATE S.A. ANAND
AGE: 59 YEARS, OCC: AGRICULTURE,
R/O: KOLAGALLU, TQ. AND DIST: BELLARY.
81. SMT. JAMEELA B. W/O. SHASHAVALI,
AGE: 63 YEARS, OCC: AGRICULTURE,
R/O: KOLAGALLU, TQ. AND DIST: BELLARY.
82. DANDA HALAGAPPA
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O: VENI VEERAPUR,
TQ AND DIST: BELLARY.
83. SANNA HULAGAPPA
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O: VENI VEERAPUR, TQ AND DIST: BELLARY.
84. HULIGEMMA
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O: VENI VEERAPUR,
TQ AND DIST: BELLARY.
85. SMT. D. BASAMMA
W/O. DAMMUR MARIBASAPPA,
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O: KOLAGALLU, TQ. AND DIST: BELLARY.
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WP No. 112639 of 2014
HC-KAR
86. D. MARIBASAPPA S/O. D. AYYANAGOUDA,
AGE: 59 YEARS, OCC: AGRICULTURE,
R/O: KOLAGALLU, TQ AND DIST: BELLARY.
87. D. CHANDRASHEKHAR S/O. D. MARIBASAPPA,
AGE: 36 YEARS, OCC: AGRICULTURE,
R/O: KOLAGALLU, TQ AND DIST: BELLARY.
88. D. ERAPPA S/O. D. MARIBASAPPA,
AGE: 34 YEARS, OCC: AGRICULTURE,
R/O: KOLAGALLU, TQ. AND DIST: BELLARY.
89. D. YERISWAMY S/O. D. MARIBASAPPA
AGE: 31 YEARS, OCC: AGRICULTURE,
R/O: KOLAGALLU, TQ AND DIST: BELLARY.
90. D. HANUMAPPA S/O. D. MARIBASAPPA
AGE: 28 YEARS, OCC: AGRICULTURE,
R/O: KOLAGALLU, TQ AND DIST: BELLARY.
91. D. RAMALINGAMMA D/O. D. MARIBASAPPA,
AGE: 24 YEARS, OCC: AGRICULTURE,
R/O: KOLAGALLU, TQ AND DIST: BELLARY.
92. MULLA BADESAB S/O. LATE HUSEN PEERSAB
AGE: 68 YEARS, OCC: AGRICULTURE,
R/O: KOLAGALLU, TQ AND DIST: BELLARY.
93. DODDA HULUGAPPA S/O. HANUMANTAPPA
AGE: 68 YEARS, OCC: AGRICULTURE,
R/O: VENI VEERAPUR, TQ AND DIST: BELLARY.
94. SANNA HULUGAPPA S/O. HANUMANTAPPA,
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O: VENI VEERAPUR,
TQ AND DIST: BELLARY.
...PETITIONERS
(BY SRI. SANJAY S.KATAGERI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY,
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WP No. 112639 of 2014
HC-KAR
DEPARTMENT OF COMMERCE AND
INDUSTRIES, VIKAS SOUDHA,
BANGALORE-560001.
2. THE C.E.O. AND MEMBER SECRETARY
K.I.A. D.B. NRUPATUNG ROAD,
OPP. TO RBI OFFICE,
DR. AMBEDKAR VEEDHI, BANGALORE.
3. THE DEPUTY COMMISSIONER
BELLARY DISTRICT, BELLARY.
4. THE SPECIAL LAND ACQUISITION OFFICER,
K.I.A.D.B LAKAMANHALLI, DHARWAD.
5. M/S. BRAHMINI STEELS KARNATAKA LTD.,
SHIRAGUPPA ROAD, KOLAGALLU VILLAGE,
TQ AND DIST: BELLARY-583104,
BY ITS MANAGING DIRECTOR.
6. M/S. UTTAM GALVA STEELS LTD.
KOLAGALLU VILLAGE,
TQ AND DIST: BELLARY-583104,
CORPORATE OFFICE, NO.69,
UTTAM HOUSE, P. DMELLO ROAD,
CHINCH BANDRA, MUMBAI,
BY ITS MANAGING DIRECTOR.
...RESPONDENTS
(BY SRI. PRAVEEN K.UPPAR, AGA FOR R1 AND R3;
SRI. VEERESH R.BUDIHAL, ADVOCATE FOR R2, R4 AND R6;
NOTICE TO R5 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT NO.1 TO 6 HREIN TO PASS THE AWARD AMOUNT IN
FAVOUR OF THE PETITIONERS HEREIN TO THE EXTENT OF RS.12 TO
16 LAKHS PER ACRE FOR THE ACQUIRED LAND, AS PAID BY THE
RESPONDENTS HEREIN TO THE OTHER LAND OWNERS AS PER THE
CONSENT ORDER DATED 10.08.2010 PRODUCED AS ANNEXURE-C
HEREIN AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
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WP No. 112639 of 2014
HC-KAR
ORAL ORDER
The petitioners have approached this Court seeking a writ of mandamus directing the respondent Nos.1 to 6 to pass an award in their favour fixing compensation at the rate of ₹12 to ₹16 Lakhs per acre for the lands acquired on par with compensation allegedly paid to other land owners pursuant to the consent order dated 10.08.2010 and further to re-determine the market price of the acquired lands under Section 29(2) and 29(3) of the Karnataka Industrial Areas Development Act, 1966 ('Act' for short).
2. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents.
3. The lands belonging to the petitioners were acquired by respondent No.4 under Section 28(1) of the Act, pursuant to thereto, the preliminary notification dated 22.05.2010, followed by the final notification issued under Section 28(4) of the Act on 23.08.2010. A consent award
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NC: 2026:KHC-D:140 WP No. 112639 of 2014 HC-KAR came to be passed on 28.09.2010 where by the petitioners and the other land losers were awarded compensation between ₹5 to ₹8 Lakhs per acre for land acquired for the benefit of respondent No.5.
4. Learned counsel for the petitioners vehemently submits that the compensation awarded under the consent award is grossly inadequate and discriminatory, in as much as similarly placed land losers have been paid compensation ranging from ₹12 to ₹16 Lakhs per acre for acquisitions made for similar purposes. It is therefore urged that petitioners are entitled to parity in compensation.
5. Per contra, the learned counsel appearing for the respondents submits that similarly placed persons had challenged the very same consent award before this Court in the case of R. Hanumappa and Others Vs. State of Karnataka and Others1 (R. Hanumappa). This Court, after due deliberate consideration, dismissed the writ petition holding that once the land owners had voluntarily entered 1 WP No.102843/2017 dated 28.03.2023
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NC: 2026:KHC-D:140 WP No. 112639 of 2014 HC-KAR into a consent award and accepted compensation, no mandamus could be issued for enhancement of compensation. It is further submitted that the present writ petition suffers from unexplained delay, having been filed nearly three years after acceptance of compensation.
6. This Court has carefully considered the contentions urged and perused the material on record.
7. Annexure-B on record, is the consent award. Pursuant thereto, the petitioner entered into an executed affidavits and indemnity bonds and voluntarily accepted the compensation awarded in the year 2010. Having consciously accepted the terms of the consent award, the petitioners cannot now resile from the agreement and seek enhancement of compensation on the ground that other land losers received higher amounts. This Court in the case of R. Hanumappa, while dealing with an identical issue has categorically held at paragraph Nos.4, 5 and 6 as under;
"4. The Division Bench of this Court while dealing with an identical question placing reliance
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NC: 2026:KHC-D:140 WP No. 112639 of 2014 HC-KAR on the judgments of the Hon'ble Apex Court held that the amount of compensation determined between the parties by an agreement as regards the value of the land acquired by state is binding on the land owners. Division Bench has further held that so long as such agreements and consequent consent awards are not set aside in appropriate proceedings by a Court of law having jurisdiction, the consent award would bind land owners unless consent award is declared by Court of law as void or voidable in terms of Indian Contract Act. The Division Bench of this Court further held that a person interested who has signed the agreement without demur cannot approach the High Court by way of writ petition without questioning the validity of the agreement.
5. In the light of the principles laid down by the Division Bench of this Court is of the view that this Court cannot substitute consent award passed by a competent authority.
6. In that view of the matter, the impugned endorsement issued vide Annexure-J is in accordance with law and the same cannot be set aside by this Court. The petitioners have accepted the award voluntarily being a party to an agreement. Therefore, no mandamus would lie and
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NC: 2026:KHC-D:140 WP No. 112639 of 2014 HC-KAR therefore no such directions can be issued as prayed in the captioned writ petition. Accordingly, the writ petition stands dismissed."
Emphasis supplied
8. The said decision squarely applies to the facts of the present case. The petitioners being similarly placed, this Court is of the considered view and no distinguishing feature is demonstrated, for this Court to take a possible different view. Accordingly, the writ petition is dismissed as devoid of merits.
Sd/-
JUSTICE K.S.HEMALEKHA PJ/ Ct:VH List No.: 1 Sl No.: 49