Gundappa And Ors vs The State Of Karnataka And Ors - Land Acquisition Case

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Gundappa And Ors vs The State Of Karnataka And Ors on 18 March, 2026

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

-1-
NC: 2026:KHC-K:2542
WP No. 202981 of 2023

                  HC-KAR

                              IN THE HIGH COURT OF KARNATAKA

                                     KALABURAGI BENCH

                           DATED THIS THE 18TH DAY OF MARCH, 2026

                                          BEFORE
                       THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
                        WRIT PETITION NO. 202981 OF 2023 (LA-RES)

                  BETWEEN:

                  1     GUNDAPPA
                        S/O BASANGOUDA GURIKAR,
                        AGED ABOUT 69 YEARS, OCC: AGRICULTURE,
                        R/O HATTI, TQ. LINGASUGURU,
                        DIST. RAICHUR.

                        LRS OF DECEASED

                  1A    SMT. DURGAMMA W/O LATE GUNDAPPA,
                        AGED ABOUT 47 YEARS, OCC: HOUSEHOLD,
                        R/O H.NO.210, WARD NO.1,
                        NEAR OLD PANCHAYAT HATTI,

Digitally signed by TQ. LINGASUGURU,
SWETA
KULKARNI DIST. RAICHUR-584115.
Location: HIGH
COURT OF 2. KANAKAPPA S/O DURGAPPA,
KARNATAKA
SINCE DECEASED BY HIS LRS,
SMT. DURGAMMA W/O LATE KANAKAPPA,
AGED ABOUT 75 YEARS,
OCC: HH AND AGRICULTURE,
R/o HATTI, TQ. LINGASUGURU,
DIST. RAICHUR.

                  3.    AMARAPPA S/O YENKAPPA HUNSGI,
                        AGED ABOUT 65 YEARS, OCC: AGRICULTURE,
                        R/O HATTI, TQ. LINGASUGURU,
                        DIST. RAICHUR.
                      -2-
                                   NC: 2026:KHC-K:2542
                             WP No. 202981 of 2023

HC-KAR

1. SHIVALINGAPPA S/O AMARAPPA HUNSGI,
   AGED ABOUT 33 YEARS, OCC: AGRICULTURE,
   R/O HATTI, TQ. LINGASUGURU,
   DIST. RAICHUR.

2. NINGAPPA S/O YEKAPPA HUNSGI,
   AGED ABOUT 53 YEARS, OCC: AGRICULTURE,
   R/O HATTI, TQ. LINGASUGURU,
   DIST. RAICHUR.

3. MANJUNATH S/O AMARAPPA HUNSGI,
   AGED ABOUT 31 YEARS, OCC: AGRICULTURE,
   R/O HATTI, TQ. LINGASUGURU,
   DIST. RAICHUR.

4. SMT. DEVAMMA W/O SHARNAPPA,
   (D/O DEVAPPA),
   AGED ABOUT 60 YEARS,
   OCC: H. HOLD, AND AGRICULTURE,
   R/O HATTI,
   TQ. LINGASUGUR, DIST. RAICHUR.

5. SMT. AMBAMMA W/O SHARNAPPA,
   AGED ABOUT 65 YEARS,
   OCC: H. HOLD, AND AGRICULTURE,
   R/O HATTI,
   TQ. LINGASUGURU, DIST. RAICHUR.

6. HASENSAB S/O RAJABKHAN @ RAJABALIKHAN,
   SINCE DECEASED BY HIS LRS,

9(1) SMT. BAKUL BEE W/O LATE HASENSAB,
AGED ABOUT 52 YEARS,
OCC: HH AND AGRICULTURE,
R/O KAKA NAGAR, HATTI, TQ. LINGASUGURU,
DIST. RAICHUR.
...PETITIONERS

(BY SRI AMEETKUMAR CHAGASHETTI, ADVOCATE FOR
SRI. G. G. CHAGASHETTI.,ADVOCATE)
-3-
NC: 2026:KHC-K:2542
WP No. 202981 of 2023

HC-KAR

AND:

1. THE STATE OF KARNATAKA,
   BY ITS PRINCIPAL SECRETARY,
   DEPARTMENT OF REVENUE,
   MS BUILDING,
   BENGALURU-1.

2. THE DEPUTY GENERAL MANAGER,
   HATTI GOLD MINES CO. LTD., (HGMC),
   HATTI VILLAGE, TQ.LINGASUGUR,
   DIST. RAICHUR-585410.

3. THE LAND ACQUISITION OFFICER/ ASSISTANT
   COMMISSIONER,
   LINGASUGURU, DIST.RAICHUR.

                                                     ...RESPONDENTS
   

(BY SRI MALLIKARJUN SAHUKAR, AGA FOR R1;
SRI VEERANAGOUDA MALIPATIL, ADVOCATE FOR R2)

 THIS WRIT PETITION IS FILED UNDER [ARTICLES 226](https://indiankanoon.org/doc/1712542/) AND [227](https://indiankanoon.org/doc/1331149/) OF THE CONSTITUTION OF INDIA, PRAYING TO A)

ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
MANDAMUS, DIRECTING THE RESPONDENT NO.3 TO
CONSIDER THE APPLICATION FILED BY THE PETITIONERS
UNDER SECTION 28(A) OF THE ACT VIDE ANNEXURES-B, B1
TO B8 IN THE LIGHT OF THE JUDGMENT PASSED IN LAC NO.
21/2015 C/W LAC NO. 8/2015 AND OTHER CONNECTED
MATTERS DATED 07-07-2022 AND TO FIX THE MARKET VALUE
OF THE ACQUIRED LANDS RS. 67/- PER SQ.FT. WITH ALL
OTHER STATUTORY BENEFITS. B) ISSUE A WRIT OF
CERTIORARI AND TO QUASH THE ENDORSEMENT DATED 13-
04-2023 IN NO.¨sÀƸÁé¸ÁªÀiÁ£Àå:01:2011-12/28(J)/954 AND 4-8-2023 IN
NO.¨sÀƸÁé¸ÁªÀiÁ£Àå:01:2011-12/28(J)/1451 ISSUED BY THE 3RD
RESPONDENT VIDE ANNEXURE-F, F1. C) ISSUE ANY OTHER
SUITABLE WRIT, ORDER OR DIRECTION AS THIS HON'BLE
COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES
OF THE CASE, INCLUDING AN ORDER OF COST.
-4-
NC: 2026:KHC-K:2542
WP No. 202981 of 2023

HC-KAR

THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

                           ORAL ORDER 1.    Petitioners, who are land losers under the Preliminary

Notification dated 08.08.2012 and the Final Notification dated

24.09.2013 are before this Court in this writ petition filed under Articles 226 and 227 of the Constitution of India, seeking for

the following reliefs:-

"a) Issue a Writ, Order or direction in the nature of
Mandamus, directing the Respondent No.3 to
consider the Application filed by the Petitioners
U/sec.28(A) of the Act vide Annexures-B, B1 to B8 in
the light of the Judgment passed in LAC No.21/2015
c/w LAC No.8/2015 and other connected matters
dated 07-07-2022 and to fix the market value of the
acquired lands @ Rs.67/- per sq. ft. with all other
statutory benefits.
b) Issue a writ of certiorari and to quash the
endorsement dated 13-04-2023 in
No.¨sÀƸÁé¸ÁªÀiÁ£Àå:01:2011-12/28(J)/954 and 4-8-2023 in

  No.¨sÀƸÁé¸ÁªÀiÁ£Àå:01:2011-12/28(J)/1451   issued    by   the    3rd

  Respondent vide Annexure-F, F1. -5- NC: 2026:KHC-K:2542 WP No. 202981 of 2023 HC-KAR

  c)     Issue   any   other    suitable   Writ,   Order   or

direction as this Hon'ble Court deems fit under the
facts and circumstances of the case, including an
Order of Cost, in the interest of justice and equity."
2. Heard the learned counsel for the parties.

1. It appears that petitioners had filed applications under

Section 28(A) of the Land Acquisition Act, 1984, before

respondent No.3 seeking enhancement of compensation

awarded to them under the Final Award dated 15.12.2013 on

the basis of the judgment and order passed by the jurisdictional

Civil Court, Lingasugur, in LAC Nos.69/2015 to 75/2015,

79/2015 and 83/2015. Respondent No.3 has issued the

impugned communication at Annexure - F dated 13.04.2023,

informing the petitioners that their applications are kept in

abeyance till MFA No.202753/2022 and connected appeals are

disposed off by this Court.

1. Assailing the said communication dated 13.04.2023 and

also seeking a writ of mandamus directing respondent No.3 to

consider the applications of the petitioners under Section 28(A) of the Land Acquisition Act, petitioners are before this Court. -6-

NC: 2026:KHC-K:2542 WP No. 202981 of 2023 HC-KAR

1. It appears that judgment and decree passed in LAC

No.69/2015 to 75/2015, 79/2015 and 83/2015 has been

challenged before this Court in MFA No.202753/2022 and

connected appeals.

1. Learned counsel for respondent Nos.2 and 3 submits that

the said appeals are still pending consideration before this

Court.

1. If that is so, I do not find any illegality or irregularity in

the impugned communication issued by respondent No.3,

wherein he has stated that the application of the petitioners

filed under Section 28(A) of the Land Acquisition Act are kept in

abeyance, awaiting disposal of MFA, pending before this Court.

Under the circumstances, I do not find any good ground to

entertain this petition. Accordingly, the following order:-

1. The writ petition is disposed off with an observation that

respondent No.3 - Land Acquisition Officer, shall consider the

applications of the petitioners filed under Section 28(A) of the

Land Acquisition Act, immediately after MFA No.202753/2022 -7- NC: 2026:KHC-K:2542 WP No. 202981 of 2023 HC-KAR

and connected appeals are disposed off by this Court and pass

appropriate orders on the same as expeditiously as possible.

1. In view of the disposal of the main petition, pending

interlocutory application if any, does not survive for

consideration. Accordingly, the same is disposed off.

Sd/-

(S.VISHWAJITH SHETTY)
JUDGE

DN
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