- 1 - HC-KAR NC: 2025:KHC-D:14447-DB WA No. 100608 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. WRIT APPEAL NO. 100608 OF 2023 (LA-RES) BETWEEN: M/S. BAGALKOT CEMENT AND INDUSTRIES LTD., (ASSIGNEE OF BAGALKOT UDYOG LIMITED/ KANORIA INDUTRIES LTD.,) AND HAVING ITS REGISTERED OFFICE AT STADIUM HOUSE, 6TH FLOOR, BLOCK NO.1, VEER NARIMAN ROAD, CHURCHGATE, MUMBAI-400020. REP. BY ITS MANAGER (LEGAL) SHRI. ABBAS R. NIDASESHI …APPELLANT (BY MISS. ANUPARNA BARDOLOI, ADVOCATE FOR SRI. S.B. HEBBALLI, ADVOCATE) AND: 1. SRI. BASAPPA S/O SRI. VEERABHADRAPPA YALAGANNAVAR AGE. 59 YEARS, R/AT. SIMIKERI TQ. DIST. BAGALKOT-587103. 2. SRI. SHARANAPPA S/O TAMMANNA YALAGANNAVAR AGE. 35 YEARS, R/AT. SIMIKERI TQ. DIST. BAGALKOT-587103. 3. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIKASA SOUDHA, BENGALURU-560001. VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14447-DB WA No. 100608 of 2023 4. THE DEPUTY COMMISSIONER, BAGALKOT-587104. 5. THE COMMISSIONER, UPPER KRISHNA PROJECT (UKP), NAVANAGAR, BAGALKOT-587104. 6. THE ASSISTANT COMMISSIONER / SPL. LAND ACQUISITION OFFICER (BTDA), NAVANAGAR, BAGALKOT-587104. 7. THE TAHASILDAR, TALUK & DISTRICT. BAGALKOT-587104. …RESPONDENTS (BY SRI. HEMANTH KUMAR L HAVARAGI, ADVOCATE FOR R1-R2; SRI. SHARAD V. MAGADUM, AGA FOR R3-R7) THIS WRIT APPEAL IS FILED UNDER SEC.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THIS APPEAL BY SETTING ASIDE THE IMPUGNED ORDER DATED 03.02.2023 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.105094/2022 & ETC. THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. - 3 - HC-KAR NC: 2025:KHC-D:14447-DB WA No. 100608 of 2023 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Heard the learned counsel Ms.Anuparna Bardoloi for the learned counsel Sri. S.B. Hebballi, through VC for the appellant, learned counsel Sri. Hemanth Kumar L Havaragi for respondents No.1 & 2, learned AGA Sri. Sharad V Magadum for respondents No.3 to 7. Perused the entire writ appeal papers. 2. This writ appeal filed under Section 4 of the Karnataka High Court Act, 1961 by a non-party to the writ petition is directed against order dated 3.2.2023 passed in WP No.105094/2022, whereunder the writ petition is disposed of directing the petitioners to submit a fresh representation to the concerned respondents and further observing that if the representation is submitted, the respondents shall consider the same and pass appropriate orders. 3. The petitioners, who are respondents No.1 & 2 herein, approached the writ Court in the above stated writ petition praying for a writ of mandamus directing the - 4 - HC-KAR NC: 2025:KHC-D:14447-DB WA No. 100608 of 2023 respondents No.3 to 5 to decide the ownership of land bearing RS No.281, measuring 6 acres 12 guntas situated at Bagalkot village of Bagalkot Taluk & District and to give compensation as per award to the owner of aforesaid land. 4. It is the case of the petitioners that the land in question was acquired, but the compensation has not been paid, as there is dispute with regard to ownership. The learned Single Judge refusing to grant prayer sought by the petitioners, disposed of the writ petition with an observation that the petitioners to submit a fresh representation to the concerned respondents and the respondents to consider the same and pass appropriate orders. 5. The appellant herein claims that the land in question was acquired by the State for the benefit of the appellant. It is also submitted that the appellant has already deposited the compensation amount with the government and the appellant is in possession of the land in question. The learned counsel for the appellant addressed several grounds - 5 - HC-KAR NC: 2025:KHC-D:14447-DB WA No. 100608 of 2023 including the non-joinder of the appellant as party to the writ proceedings. 6. On hearing the learned counsel for the parties and on perusal of the impugned order under appeal, we are of the considered opinion that no adverse order affecting any of the rights of the appellant is passed by the learned Single Judge in the order under appeal. The learned Single Judge has only permitted the petitioners to submit a fresh representation with an observation that the respondents shall consider the same and pass appropriate orders in accordance with law. Since the appellant claims that the land in question was acquired for the benefit of the appellant and the possession has been handed over to the appellant, we deem it appropriate that the appellant shall also be given an opportunity to submit a representation to the concerned authorities i.e. respondent No.4/Deputy Commissioner, Bagalakot, within two weeks from today. The Deputy Commissioner, Bagalakot while considering the representation of the petitioners shall also consider the - 6 - HC-KAR NC: 2025:KHC-D:14447-DB WA No. 100608 of 2023 representation of the appellant herein and pass appropriate orders, as directed by the learned Single Judge. 7. With the above observation, the writ appeal stands disposed of. Pending applications, if any, are disposed of as not surviving for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE JTR, CT:VP LIST NO.: 1 SL NO.: 0