- 1 - HC-KAR NC: 2025:KHC-K:3802 WP No. 201296 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.201296 OF 2025 (LA-RES) BETWEEN: GULBARGA UNIVERSITY, KALABURAGI, GNYANAGANGA, SEDAM ROAD, KALABURAGI, REPRESENTED BY ITS REGISTRAR RAMESH LANDANKAR. …PETITIONER (BY SRI. SHIVAKUMAR MALIPATIL, ADVOCATE) AND: 1. MALLAPPA S/O SHARNAPPA SINCE DECEASED BY HIS LRS., LATE SHAMRAYA S/O MALLAPPA, AGE: 51 YEARS, OCC: AGRICULTURE, R/O KUSNOOR, A) SMT. SHIVALEELA W/O LATE SHARAYARA, AGE: 60 YEARS, OCC: LABOUR & HOUSEHOLD, B) SHARANAPPA S/O SHAMRAYA, AGE: 42 YEARS, OCC: LABOUR, C) MANJUNATH W/O ASHOK D/O SHAMRAYA, AGE: 36 YEARS, OCC: HOUSEHOLD, Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3802 WP No. 201296 of 2025 D) YESHODHA W/O KRISHNA D/O SHAMRAYA, R/O SHAHABAD, NOW AT KALABURAGI. E) NAGARAJ S/O SHAMRAYA, AGE: 26 YEARS, OCC: LABOUR, R/O KUSNOOR. F) SWATI W/O RAJSHEKHAR D/O SHAMRAYA, R/O SARASWATIPUR COLONY, PLOT NO.116, NEAR MOUNDESHWAR TEMPLE, ALL ARE R/O KUSNOOR, TQ. & DIST. KALABURAGI-585 103. 2. B. RAMESH S/O MALLAPPA, AGE: 70 YEARS, OCC: AGRICULTURE, R/O KUSNOOR, TQ. & DIST. KALABURAGI-585 103. 3. THE STATE THROUGH DEPUTY COMMISSIONER, KALABURAGI-585 102. 4. THE LAND ACQUISITION OFFICER/ ASSISTANT COMMISSIONER, KALABURAGI-585 102. …RESPONDENTS (BY SRI. MALHARA RAO, AAG A/W SRI. GOPALKRISHNA B. YADAV, HCGP FOR R3 & R4; V/O DATED 10.07.2025 NOTICE TO R-1 (A) TO R-1(F) & R-2 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 15.04.2025 PASSED IN E.P.NO.401/2018 BY THE I ADDL. SENIOR CIVIL JUDGE AT KALBURAGI BY ALLOWING THE WRIT PETITION. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-K:3802 WP No. 201296 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) Certain lands were acquired for the purpose of the petitioner-Gulbarga University. Award was passed in respect of the said lands. Not satisfied by the award amount, the land losers filed LAC No.363/1993 and the same was disposed of enhancing the compensation payable, which has attained finality. To execute the said order, Execution Petition No.401/2018 has been filed. In the said execution proceedings, I.A.No.V is filed to implead the petitioner-University. The Executing Court has allowed the same. Aggrieved by the same, the present writ petition is filed. 2. The case of the petitioner is that, it was not a party to the proceedings in LAC No.363/1993 and hence, it cannot be made a party in the execution petition. - 4 - HC-KAR NC: 2025:KHC-K:3802 WP No. 201296 of 2025 3. Admittedly, the lands have been acquired under the Land Acquisition Act, 1894. As per Section 20 of the said Act as applicable in the State of Karnataka, the beneficiary is required to be made party to the proceedings and the reason for the same is that, in case of any increase in compensation, the beneficiary will have to be heard and he will be in a position to defend the case appropriately. 4. In the instant case, petitioner is not made a party to the proceedings in LAC No.363/1993. Further, learned Additional Advocate General appearing for the respondent-State submits that any enhancement of the compensation amount will have to be borne by the beneficiary i.e., the petitioner in the instant case. 5. Under the circumstances, I am of the opinion that there is no error in the order passed by the Executing Court. Hence, the writ petition is hereby dismissed. - 5 - HC-KAR NC: 2025:KHC-K:3802 WP No. 201296 of 2025 6. At this juncture, learned counsel for the petitioner submits that they require some time to study the implication of the order passed in Execution Petition No.401/2018 and LAC No.363/1993 to take appropriate steps in this regard and the petitioner being a Government Institution, some breathing time may be granted to the petitioner. 7. For that reason, the Executing Court shall not precipitate the matter against the petitioner for a period of three weeks from today. Sd/- (M.I.ARUN) JUDGE LG List No.: 1 Sl No.: 39