SMT SAROJINI W/O LAXMAN HUGAR v. THE SPECIAL LAND ACQUISITION OFFICER
WP/106601/2025 · 2025-09-11
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38356 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38356 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:11769 WP No. 106601 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.106601 OF 2025 (LA-RES) BETWEEN:
SMT. SAROJINI W/O. LAXMAN HUGAR @ SMT. SAROJINI D/O. SIDRAMAPPA TAMBOLI, AGE: 53 YEARS, OCC. HOUSEHOLD WORK, R/O. TAMBOLI GALLI, GANDHI CIRCLE, GADDI ONI, TALUK: MUDHOL, DIST. BAGALKOTE - 587 122. …PETITIONER (BY SRI. H.M. DHARIGOND, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER JAMKHANDI, TALUK: JAMKHANDI, DIST. BAGALKOTE - 587 121. 2. SRI. BHIMAPPA S/O. TIMMAPPA @ TIMMANNA HUGAR AGE: 60 YEARS, OCC. AGRICULTURE, R/O. LOKAPUR, TALUK: MUDHOL, DIST. BAGALKOTE - 587 122. 3. SRI. HANAMANT S/O. TIMMAPPA @ TIMMANNA HUGAR AGE: 55 YEARS, OCC. AGRICULTURE, R/O. LOKAPUR, TALUK: MUDHOL, DIST. BAGALKOTE - 587 122. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:11769 WP No. 106601 of 2025
4. SRI. BASAPPA S/O. TIMMAPPA @ TIMMANNA HUGAR, AGE: 52 YEARS, OCC. AGRICULTURE, R/O. LOKAPUR, TALUK: MUDHOL, DIST. BAGALKOTE - 587 122. 5. SRI. LOKANNA S/O. TIMMAPPA @ TIMMANNA HUGAR, AGE: 60 YEARS, OCC. AGRICULTURE, R/O. LOKAPUR, TALUK: MUDHOL, DIST. BAGALKOTE - 587 122. 6. SMT. BHARATI D/O. BASAPPA HUGAR, AGE:51 YEARS, OCC. HOUSEHOLD WORK, R/O. TAKKALAKI VILLAGE, TALUK: BILAGI, DIST. BAGALKOTE - 587 122. 7. KUMARI LAXMI D/O BHARATI HUGAR, AGE: 23 YEARS, OCC. STUDENT, R/O TAKKALAKI VILLAGE, TALUK: BILAGI, DIST. BAGALKOTE - 587 122. …RESPONDENTS
(BY SRI. P.N. HATTI, HCGP FOR R1;
NOTICE TO R2 TO R7 IS DISPENSED WITH)
THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. A WRIT IN THE NATURE OF MANDAMUS DIRECT THE 1ST ADDITIONAL DISTRICT JUDGE, BAGALKOTE SITTING AT JAMKHANDI COURT TO CONSIDER THE APPLICATIONS FILED BY THE PETITIONER DATED 28-11-2024 IN LAC NO.5288/2024 VIDE ANNEXURE-J AND K PENDING ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, BAGALKOTE SITTING AT JAMAKHANDI AND TO RELEASE THE COMPENSATION AMOUNT ALONG WITH ACCRUED INTEREST IN FAVOUR OF THE PETITIONER TO THE EXTENT OF 1/3 SHARE.B. ANY OTHER WRIT OR DIRECTION FROM THIS HONBLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.
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HC-KAR NC: 2025:KHC-D:11769 WP No. 106601 of 2025
THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. Learned Additional Government Advocate accepts notice for respondent No.1. 2. Notice to respondents No.2 to 7 is dispensed with in view of the proposed order to be passed. 3. The petitioner is before this Court seeking for the following reliefs: a. A writ in the nature of mandamus direct the 1st Additional District Judge, Bagalkote sitting at Jamkhandi Court to consider the applications filed by the petitioner dated 28-11-2024 in LAC No.5288/2024 vide ANNEXURE-J and K pending on the file of the I Additional District Judge, Bagalkote Sitting at Jamakhandi and to release the compensation amount along with accrued interest in favour of the petitioner to the extent of 1/3 share. b. Any other writ or direction from this Hon’ble court deems fit under the facts and circumstances of the case, in the interest of justice and equity. 4. The petitioner is before this Court seeking for a direction to the 1st Additional District Judge, Bagalkot
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HC-KAR NC: 2025:KHC-D:11769 WP No. 106601 of 2025
Sitting at Jamakhandi seized of LAC No.5288 of 2024 to release the compensation amount in favour of the petitioner as per the Judgment in RFA No.100028/2018. 5. A perusal of the order sheet in LAC No.5288 of 2024, indicates that notice had been ordered and the service of notice is not yet complete. Without the service of summons being complete, LAC No.5288 of 2024, cannot be taken up for consideration. 6. The present petition and the application filed by the petitioners, being premature, the petition stands dismissed. 7. Though costs could have been imposed on the petitioners, this Court refrains from doing so. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT:PA List No.: 1 Sl No.: 31