- 1 - HC-KAR NC: 2025:KHC-D:9079 WP No. 104711 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 104711 OF 2023 (LA-RES) BETWEEN: 1. SRI SHRIMANTH SULEMANAPPA BAGALKOT AGED ABOUT: 44 YEARS, OCC: BUSINESS R/O: MAIN ROAD, BYADAGI. TQ: BYADAGI, DIST: HAVERI. 2. SRI NARAYANAPPA S/O SANNAGIRIEPPA DASAR AGED ABOUT: 65 YEARS, OCC: BUSINESS R/O: SRI LAXMI NARAYAN BAKERY, MAIN ROAD, BYADAGI. TQ: BYADAGI, DIST: HAVERI. 3. SRI PANDURANG S/O SHIVAYYA KUPPA AGED ABOUT: 65 YEARS, OCC: BUSINESS R/O: MAIN ROAD, BYADAGI. TQ: BYADAGI, DIST: HAVERI. 4. SRI FAKKIRAPPA S/O SANNAGIRIEPPA DASAR AGED ABOUT: 60 YEARS, OCC: COOLIE R/O. MAIN ROAD, BYADAGI. TQ: BYADAGI, DIST: HAVERI. 5. SRI MAHANTGOUDA S/O LINGANAGOUDA PATIL AGED ABOUT: 48 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI TQ: BYADAGI, DIST: HAVERI. 6. SRI GNYANESHWAR S/O VITTAL GANACHARI AGED ABOUT: 44 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 7. SRI MALATESH GANAPATEPPA UMAPATHI AGED ABOUT: 56 YEARS, OCC: BUSINESS Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:9079 WP No. 104711 of 2023 R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI 8. SRI VEERAPPA S/O SHANKARAPPA YELI AGED ABOUT: 50 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 9. SRI ABDULKHADAR S/O AHAMMADSAB ATTAR AGED ABOUT: 55 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 10. SRI SHAMBHU S/O SHIVABASAPPA YELI AGED ABOUT: 50 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. VARDICHANDA S/O KEVALACHAND JAIN SINCE DIED BY LR’S 11. TEERATH JAIN AGED ABOUT: 35 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 12. SMT RADHABAI W/O IRANNA MAGALAD AGE: 58 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 13. SRI UJJAYYA S/O SIDDAYYA HIREMATH AGE: 68 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 14. SRI UMESH S/O KAMALAKAR VERNEKAR AGE: 48 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 15. SRI NINGAPPA S/O RAMANNA JADHAV AGE: 57 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. - 3 - HC-KAR NC: 2025:KHC-D:9079 WP No. 104711 of 2023 TQ: BYADAGI, DIST: HAVERI. 16. SRI VIJAYALAXMI HEDIYAL AGE: 50 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 17. SRI RAJAPPA S/O SHESHAPPA JADHAV AGE: 65 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 18. SRI SANJAYKUMAR S/O PARASMAL JAIN AGE: 45 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 19. SRI SANKAPPA S/O GUDDAPPA MUDDANNAVAR AGE: 75 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 20. SRI SURESH S/O LAXMINARAYAN MELAGIRI AGE: 55 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 21. SRI VIJAYAKUMAR S/O CHANNABASAPPA YELI AGE: 55 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 22. SRI ASHOK KUMAR NATAMALJI JAIN AGE: 70 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 23. SRI SHAMBULINGAPPA S/O DADDABASAPPA SHIRUR AGE: 72 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 24. SRI SHIVAKUMAR S/O VEERAPPA HOSALLI - 4 - HC-KAR NC: 2025:KHC-D:9079 WP No. 104711 of 2023 AGE: 52 YEARS, OCC: DOCTOR R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 25. SRI IRAPPA S/O DUNDAPPA YERESIMI AGE: 54 YEARS, OCC: BUSINESS/AGRICULTURIST R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 26. SRI BASAVARAJ S/O DYAMAPPA UDDYOGANNAVAR AGE: 56 YEARS, OCC: BUSINESS/AGRICULTURIST R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 27. SRI MURAGEPPA S/O BANGAREPPA KABBUR AGE: 65 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 28. SRI PARASHURAM S/O LAXMINARAYAN MELAGIRI AGE: 54 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 29. SRI BEENA B. SHETTAR AGE: 48 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 30. SRI CHETAN S/O MAHANTAPPA KABBUR AGE: 48 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 31. SRI SHASHIKALA W/O MAHANTAPPA KABBUR AGE: 42 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 32. SRI GANAPATI S/O PANDURANG VERNEKAR AGE: 62 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. - 5 - HC-KAR NC: 2025:KHC-D:9079 WP No. 104711 of 2023 33. SRI UMESH S/O PANDURANG VERNEKAR AGE: 45 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 34. SRI DATTATREYA S/O PANDURANG VERNEKAR AGE: 47 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 35. SRI CHANDRASHEKHAR S/O IRABASAPPA SADALAGI AGE: 73 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 36. SMT KAVITA W/O SUGEERAPPA SHETTAR AGE: 50 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 37. SMT MAHADEVAMMA W/O MURIGEPPA HOSANGADI AGE: 64 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 38. SRI SHIVAPPA S/O SUGEERAPPA SHETTAR AGE: 83 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. SHIVANAGAPPA S/O SHIVALINGAPPA HOSANGADI DIED BY HIS LRS 39. NAGARTNAMMA W/O SHIVANAGAPPA HOSANGADI AGE: 64 YEARS, OCC: HOUSE HOLD R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 40. SRI SHIVAYOGI S/O DYAVAPPA HOSAMANI AGE: 43 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. - 6 - HC-KAR NC: 2025:KHC-D:9079 WP No. 104711 of 2023 41. SMT GOURAMMA D/O GANGADHAR TILAVALLI AGE: 38 YEARS, OCC: PRIVATE JOB R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 42. SRI MANJUNATH S/O CHIKKAPPA KUDATARKAR AGE: 50 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 43. SRI HARISH S/O VEERBHADRAYYA AARADHYAMATH AGE: 32 YEARS, OCC: SERVICE, R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 44. SRI SANJYAKUMAR V. JAIN AGE: 45 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 45. SRI VANECHAND K JAIN AGE: 72 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 46. SMT SHANATABAI W/O VANECHAND JAIN AGE: 65 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 47. SRI MOHAMMEDRAFIQ S/O SAIDUSAB YADAWAD AGE: 55 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 48. SRI VISHWANATH S/O KOTTRAPPA ANKALAKOTI AGE: 55 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 49. SRI IMTIYAZ S/O PATTEAHAMAD PATTESABANAVAR AGE: 46 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. - 7 - HC-KAR NC: 2025:KHC-D:9079 WP No. 104711 of 2023 TQ: BYADAGI, DIST: HAVERI. 50. SMT LALITA W/O MALLIKARJUN VEERANAGOUDAR AGE: 65 YEARS, OCC: HOUSEHOLD R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 51. SMT PARVATEVVA W/O CHANDRASHEKHARAPPA GADAD AGE: 66 YEARS, OCC: HOUSEWIFE, R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 52. SRI CHANDRASHEKHARAPPA S/O BASAPPA GADAD AGE: 72 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 53. SRI KOTTRAPPA S/O SHIVAPPA ANKALAKOTI AGE: 58 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 54. SRI RAMACHANDRA S/O NARAYANAPPA AGADI AGE: 68 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 55. SRI MANJUNATH S/O SUBBARAYA RAIKAR AGE: 62 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 56. SRI SANTOSHGOUDA S/O VEEPAKSHAGOUDA CHANNAGOUDAR AGE: 40 YEARS, OCC: SERVICE R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 57. SRI SHANKARAPPA S/O NARAYANAPPA BONDAMMANAVAR AGE: 45 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. - 8 - HC-KAR NC: 2025:KHC-D:9079 WP No. 104711 of 2023 TQ: BYADAGI, DIST: HAVERI. 58. SRI KRISHNAJI S/O BASAVANTAPPA SHINDE AGE: 76 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 59. SRI MALLIKARJUN S/O SHIVALINGAPPA SANKANNANAVAR AGE: 52 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 60. SRI MANGALSING S/O PUKARAJSING RAJPUROHIT AGE: 52 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 61. SRI KRISHNAPPA S/O GANESHEPPA ANCHATAGERI AGE: 65 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 62. SRI GOPAL S/O GANGAPPA SHETTRA AGE: 60 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 63. SRI MUSHTAPASHA S/O BASHEERAHAMMAD MAKANDAR AGE: 40 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 64. SRI RADHA D/O YELLAPPA HANAGI AGE: 47 YEARS, OCC: SERVICE, R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 65. SRI MARUTI S/O MALLAPPA HANJIGI AGE: 56 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. - 9 - HC-KAR NC: 2025:KHC-D:9079 WP No. 104711 of 2023 66. SRI UMESH S/O TECKCHAND JAIN AGE: 54 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 67. SRI PUTTNINGAPPA S/O BASAPPA CHALAVADI AGE: 54 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 68. SRI MANOHAR S/O KESHAPPA RATTIHALLI AGE: 68 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 69. SRI RAGHAVENDRA S/O MANOHAR RATTIHALLI AGE: 46 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 70. SHREE BEERESHWAR PANCH SAMITI R/BY ITS PRESIDENT CHIKKAPPA S/O GUDDAPPA HADIMANI AGE: 72 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 71. SRI IRANNA S/O PANCHAPPA KATTI AGE: 68 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 72. SRI DANAPPA S/O MALLIKARJUNAPPA KABBUR AGE: 50 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 73. SRI MURIGEPPA S/O HUCHHAPPA SHETTAR AGE: 70 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 74. SRI KOTRABASAPPA S/O SHIVAPPA KOPPAD AGE: 65 YEARS, OCC: BUSINESS - 10 - HC-KAR NC: 2025:KHC-D:9079 WP No. 104711 of 2023 R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 75. SRI BASATTEPPA S/O SURENDRAPPA KUBASAD AGE: 55 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 76. SRI SHIVAYOGEPPA H. WALISHETTAR AGE: 70 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. 77. SRI SHIVABASAPPA P KABBUR AGE: 60 YEARS, OCC: BUSINESS R/O: MAIN ROAD BYADAGI. TQ: BYADAGI, DIST: HAVERI. …..PETITIONERS (BY SRI.GANGADHAR S. HOSAKERI, ADVOCATE & SRI. SHIVARAJ P. MUDHOL, ADVOCATE FOR P28, 30, 31 & 73) AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY REVENUE DEPARTMENT (LAND ACQUISITION 1 AND 3) M.S. BUILDING, BANGALORE-560001. 2. THE STATE OF KARNATAKA REPRESENTED BY UNDER SECRETARY TO GOVT., DEPARTMENT OF PUBLIC WORKS, FORTS AND INLAND WATER TRANSPORT, VIKASA SOUDHA, BENGALURU-560001. 3. THE STATE OF KARNATAKA REPRESENTED BY UNDER SECRETARY TO GOVT., REVENUE DEPARTMENT (LAND ACQUISITION 1 AND 3) M.S. BUILDING, BANGALORE-560001. 4. THE DEPUTY COMMISSIONER HAVERI, DISTRICT HAVERI- 581110. 5. THE CHIEF ENGINEER DEPARTMENT OF COMMUNICATION AND BUILDING - 11 - HC-KAR NC: 2025:KHC-D:9079 WP No. 104711 of 2023 (NORTH) SIR M. VISHVESHWARYA MARGH, DHARWAD-580001. 6. SUPERINTENDING ENGINEER DEPARTMENT OF PUBLIC WORKS, FORTS AND INLAND WATER TRANSPORT, CIRCLE DHARWAD, TQ AND DIST: DHARWAD-580001. 7. THE CHIEF ENGINEER PUBLIC WORKS DEPARMENT C & B SOUTH, K R CIRCLE, BENGALURU TQ AND DIST: BENGALURU-01. 8. THE EXECUTIVE ENGINEER, DEPARTMENT OF PUBLIC WORKS, FORTS AND INLAND WATER TRANSPORT, DIVISION HAVERI, TQ AND DIST: HAVERI-581110. 9. THE ASSISTANT COMMISSIONER, AND LAND ACQUISITION OFFICER, HAVERI SUB-DIVISION, TQ AND DIST: HAVERI-581110. 10. THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT HAVERI SUB-DIVISION, TQ AND DIST: HAVERI-581110. 11. THE TAHSILDAR BYADAGI, TAHSILDAR OFFICE, BYADAGI- 581106. …RESPONDENTS (BY SRI. SHASHIKIRANSHETTY, AG AND SRI. M. KESHAV REDDY, AAG & SRI. P.N. HATTI, HCGP FOR R1-R11) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE PRELIMINARY NOTIFICATION BEARING NO. DC-HV- 15022(11)/13/2023-HAV-LAQ-HAVERI-DC DATED 27.02.2023 UNDER SEC 11(1) OF THE LA ACT 2013 FOR ACQUISITION OF THE PETITIONERS SCHEDULE PROPERTIES VIDE ANNEXURE-F ISSUED BY THE RESPONDENT NO. 4. - 12 - HC-KAR NC: 2025:KHC-D:9079 WP No. 104711 of 2023 GAJENDRAGAD TO SORAB SL. NO. Sl.No. as per Notification U/Sec 11(1) of the LA Act. Name of the Petitioners CTS No. 1. 15, 16 Sri. Shrimanth Sulemanappa Bagalkote 350A/3C, 350/A/3/2 2. 23, 24 Sri Narayanappa S/o. Sannagirieppa Dasar 350C/2B,349A/2B 3. 26 Sri Pandurang S/o. Shivayya Kuppa 349/C-2, 348 4. 25 Sri Fakkirappa S/o. Sannagirieppa Dasar 349A/2C 5. 139 Sri Mahantgouda Linganagouda Patil 238+178/A-2/B 6. 112 Sri Gnyaneshwar Vittal Ganachari 273 7. 178, 179, 180 Sri Malatesh Ganapateppa Umapathi 368, 369, 370/16 8. 32 Sri Veerappa S/o Shankarappa Yeli 482/1-B 9. 13 Sri Abdul Khadar S/o Ahammadsab Attar 350/A/3A, 350/A-3/1 10. 33, 34 Sri Shambhu S/o Shivabasappa Yeli 483/B-2, 483/A+483/B-1 11. 73, 74, 75 Sri Vardichanda S/o Kevalachand Jain 304/1, 304/B, 304/A 12. 170, 171 Smt Radhabai W/o Iranna Magalad 362/A, 363/A 13. 296 Sri Ujjayya S/o. Siddayya Hiremath 1063/C 14. 119 Umesh Vernekar 267 15. 77 Ningappa Jhadahav 303/1 16. 69 Vijayalaxmi Hediyal 308 17. 127 Rajappa Jhadhav 252/C 18. 224 Sanjaykumar Jain 411, 408 19. 43 S G Muddannavar 340 20. 256, 257 Suresh Melageri 436, 440 21. 107 Vijayakumar Yeli 227/A 22. 232 Ashok kumar Jain 417/A 23. 230, 231 Shambu Shirur 417/B, 417/C 24. 297 Shivakumar Hosalli 1663/D - 13 - HC-KAR NC: 2025:KHC-D:9079 WP No. 104711 of 2023 25. 279 Irappa Yeresimi 1010/B 26. 285 Basavraj Udyogannavar 1005 27. 129 Murageppa Kabbur 251 28. 132 Parasuram Meligeri 244 29. 259 Beena Shettar 443-B 30. 260 Chetan Kabbur 443/A 31. 146 Shashikala Kabbur 234/C/3C2+234/C- 3D-1, 234/C 3/E+234/C-3D/3 32. 38, 39, 246, 247 Ganapati Vernekar 343, 344-3, 429/A, 429/1 33. 125 Umesh Vernekar 253-A 34. 181, 182 Dattatreya Vernekar 370/14, 370/15 35. 163, 118 Chandrashekar Sadalagi 268, 359/B/1B 36. 228 Kavita Shettar 415 37. 124 Mahadevamma Hosangadi 257-B 38. 131 Shivappa Shettar 245 39. 123 Nagaratnamma Hosangadi 257-C 40. 286 Shinayogi Hosamani 1004 41. 277 Gouravva Tilavalli 1011/A-2 42. 250 Manjunath Kudatarkar 431 43. 251 Harish Aradyamath 432 44. 136 Sanjayakumar Jain 241 45. 73, 74, 75 Vanechand Jain 304/1, 304/B, 304/A 46. 86, 87 Shantabai Jain 296/1, 295/2 47. 242 Mahamad Yadawad 426 48. 99 Vishwanath Ankalakoti 283/B 49. 208 Imtiyaz 394, 302/B/1-B/2 50. 283, 100 Lalita Veeranagoudar 283A, 1007/C 51. 265 Parvatevva Gadad 446A/1A 52. 268 Chandrashekharapp a Gadad 449 53. 222, 248 Kotrappa Ankalakoti 430, 430/A,409 54. 89 Ramachandra Angadi 293/B+294/2 55. 109 Manjunath Raikar 274+275A/1/1 56. 262, 261 Santoshgouda Channagoudar 444B, 445B 57. 278 Shankarappa Bandammanavar 1010-A 58. 51, 52, 53 Krishnaji Shendhe 332, 332/A, 332/B - 14 - HC-KAR NC: 2025:KHC-D:9079 WP No. 104711 of 2023 B. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS AUTHORITIES TO EXAMINE THE AVAILABLE GOVERNMENT VACANT LAND AS PER ANNEXURE-A MAP AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 59. 128 Mallikarjun Sankannavar 149+250/2 60. 44 Mangalsing Rajpurohit 339/A 61. 215 Krishnappa Anchatageri 400+401 62. 235 Gopal Shettar 419 63. 149, 150, 152 Mustapasha Makandar 234C-5A, 234-C-5B, 234-C-5-C, 237-A, 237-B, 236+234/C 64. 302 Radha Hanagi 1666/B-1, 65. 29, 30 Maruti Hanjgi 349/A/1B, 350/C/1, 347+481, 346, 367 66. 227, 245 Umesh Jain 428, 441 67. 300, 301 Putaninappa Chalavadi 1666/A, 1667/B 68. 200 Manohar Rattihalli 383/A-3 69. 197 Raghavendra Rattihalli 382 70. 154, 155, 156, 158 Beereshwar Panch Samiti 1805/A-2, 1805/B, 1805/C-1, 1805/C-3 71. 280 Iranna Katti 1009/1 72. 140 Danappa Kabbur 238+178/B 73. 204, 205, 0206,207 Muregeppa Shettar 391, 392/B, 392/A, 393 74. 264 K S Koppad 446-A/2 75. 241 Basateppa Kubasad 425/A 76. 121 Shivayogappa Walishatter 263 77. 145, 147 Shivabasappa Kabbur 234/C- 3B+234/C3C/1, 234/C-3/D-2 - 15 - HC-KAR NC: 2025:KHC-D:9079 WP No. 104711 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. This petition is filed by the petitioners seeking to quash the Preliminary Notification bearing No.DC-HAV-15022(11)/13/2023-HAV-LAQ- HAVERI-DC dated 27.02.2023 issued under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquistion, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ‘the Act, 2013) and for consequential reliefs. 2. The petitioners herein are the permanent residents of Byadagi town, Haveri district and involved in their respective business and their shop premises are situated in Byadagi town in the market area. They have constructed their houses and shop buildings and living since several years. The petitioners have been residing peacefully without any interference for several years and have their own business. - 16 - HC-KAR NC: 2025:KHC-D:9079 WP No. 104711 of 2023 3. This being the state of affairs, respondent No.4- Deputy Commissioner sought for approval from respondent No.2-Government regarding the land acquisition proceedings to be initiated for Gajendaragad- Sorab State Highway for 136 kms in Byadagi town. 4. It is the contention of the learned counsel for the petitioners that the respondents are fully aware of the fact that, the lands now sought to be acquired are not feasible and there is alternate vacant land available, which would be less expensive for the Government and moreover, the private lands of the petitioners would be saved from acquisition proceedings thereby not depriving them of their shelter in the house and livelihood. It is also contended by the learned counsel that there are several hospitals, schools and hotels in the present acquisition proceedings which despite bringing to the notice of the respondents, has not been considered by the authorities. Hence, it is contended that the lands which is now sought to be acquired by way of a Preliminary Notification - 17 - HC-KAR NC: 2025:KHC-D:9079 WP No. 104711 of 2023 requires to be excluded and dropped from the acquisition process. It is the contention of the learned counsel further that, the respondents have not followed the due process of law including the Social Impact Assessment relating to the widening of the State Highway between Gajendragad- Sorab road passing through Byadagi town of Haveri district. It is contended that the Social Impact Assessment and Environmental Impact Assessment is very essential while conducting acquisition process. 5. On the basis of the objections filed by Sri. S.S. Shettar, advocate, respondent No.3-Government directed respondent No.4-Deputy Commissioner to send the modified proposal of present acquisition proceedings and to conduct Social Impact Assessment and consequently, respondent No.4 gave a direction to respondent No.8 to comply with the directions of respondent No.3 and thereafter to submit a report. Respondent No.9-Assistant Commissioner issued a paper publication in Kannada daily NEWS paper dated 17.12.2020 under Section 16(2) of the - 18 - HC-KAR NC: 2025:KHC-D:9079 WP No. 104711 of 2023 Act 2013 calling for public hearing. It is contended that respondent No.3 and 9, thereafter, published a Final Notification dated 14.07.2021 under Section 19(1) of the Act 2013 for acquisition of the schedule properties of the petitioners. 6. This being the state of affairs, the petitioners filed Writ Petition No.116151/2019 and Writ Petition Nos.108344-108411/2020 seeking a writ of mandamus against the authorities. The petitions were allowed and a direction was given to consider the same in accordance with law . 7. It is the vehement contention of the learned counsel for the petitioners that, the respondents have failed to consider the request of the petitioners under Section 4(4)(d) of the Act, 2013 and not conducted the Social Impact Assessment and have issued a Preliminary Notification. It is also contended that the respondents have not bothered to take into consideration the alternate - 19 - HC-KAR NC: 2025:KHC-D:9079 WP No. 104711 of 2023 route being available which would in fact cost less to the respondent-authorities and reduce the financial burden. It is also contended that the petitioners who are having shops and house property which are coming within the acquisition process will be affected and lose their business shelter and livelihood. It is also contended that the action of the respondents is in clear violation of Articles 14, 19 and Article 300A of the Constitution of India and also the Act, 2013. Hence, they have filed the present petition seeking interference of this Court. 8. Learned HCGP for the State and the counsel for other respondents seriously object to the contentions put forth by the petitioners. 9. Per contra, it is the vehement contention of the learned HCGP that the petition is not maintainable for the reasons that the petitioners have questioned the Preliminary Notification of acquisition initiated under Section 11(1) of the Act of 2013. It is further contended - 20 - HC-KAR NC: 2025:KHC-D:9079 WP No. 104711 of 2023 that the lands have been acquired and development has been made to a large extent and 825 meters is left out for development which comes under the city limits of Bayadgi and most of the land losers have accepted the acquisition and are willing to take the compensation. 10. Learned HCGP further contends that the respondents have followed the guidelines of the Geometric Standard for (Rural and Non-urban Highways). It is also contended that the road widening of SH-136 is very much essential for the Bayadagi town because it is the big market for international chilli. Learned HCGP further contends that a Public Interest Litigation was filed by the residents of Byadagi town before this Court in Writ Petition No.7377/2017 which came to be disposed of with a directions to release the necessary funds and construct road as expeditiously as possible. It is contended by the learned AGA that they are conducting the acquisition process in accordance with law by issuing notice and giving a fair hearing opportunity and there are no - 21 - HC-KAR NC: 2025:KHC-D:9079 WP No. 104711 of 2023 irregularities in conducting of the acquisition proceedings. Learned HCGP further contends that it is the discretion and domain of the State in choosing the land for acquisition and development of roads and projects for larger public interest. It is contended by the learned AGA and other respondents that the acquisition process will be conducted by following due process of law without any deviations and violations, as it is imminent for construction of the road on the Highway for the betterment of the public at large including the petitioners, who are residents of the locality, the same is carried out by following due process of law. 11. Learned counsel further contends and submits that they will follow all due process of law including providing notice to the persons effected including the petitioners, consider the objections of the petitioners including looking into the aspect of any alternate road or the availability of a bye-pass road and they will also be heard before passing the orders regarding acquisition and compensation. If at all any of the persons are aggrieved - 22 - HC-KAR NC: 2025:KHC-D:9079 WP No. 104711 of 2023 by such process of acquisition or with regard to compensation amount awarded, they would be at liberty to challenge the same in the manner known to law. 12. I have heard the learned counsel for the petitioners and the learned AGA and the counsel for respondents. 13. What is questioned is the Preliminary Notification issued under Section 11(1) of the Act 2013. It is to be seen that the land acquisition process is conducted for the well fare and well being of the public at large more so for the public purpose for laying of the Highway road in the area mentioned hereinabove and most of the work is completed. Only some portion is to be proceeded further for completing the project. It is also stated that many of them have accepted the compensation. 14. Be that as it may. In view of the submission of the counsel for the respondents, the grievance of the petitioners could be considered by looking into if there is - 23 - HC-KAR NC: 2025:KHC-D:9079 WP No. 104711 of 2023 an alternate route/Byadagi bye-pass road, the representations and the objections so filed by the petitioners, before issuing the Final Notification. As what is now questioned is only a Preliminary Notification, there could be possible that the respondents may consider the objections and drop the proceedings with regard to the lands belonging to the petitioners. 15. It is submitted by the learned counsel for the petitioners that the respondents have agreed in the meeting held at Bayadagi on 10.06.2025 that the respondents would acquire 33 feet from the centre of the road i.e., to the right side and 33 feet from centre of the road to the left side and they would acquire the properties of the petitioners in accordance with the provisions of the Act 2013 and pay compensation at the earliest. 16. Under the circumstances, the respondents shall consider the objections, issue notice to the petitioners by receiving objections already filed and any further - 24 - HC-KAR NC: 2025:KHC-D:9079 WP No. 104711 of 2023 objections from the petitioners, provide them an opportunity of hearing including accepting additional documents that would be filed by the petitioners and pass suitable orders in accordance with law. 17. Accordingly, I pass the following ORDER i. This petition is disposed of. ii. A direction is issued to the respondents- authorities to consider the objections statement already filed and any further objections that would be filed by the petitioners, provide the petitioners an opportunity of hearing, accept additional documents, if any, filed by the petitioners and grievances within a period of two weeks from the date of receipt of copy of the order and pass suitable orders in accordance with law. - 25 - HC-KAR NC: 2025:KHC-D:9079 WP No. 104711 of 2023 iii. The respondents shall not take coercive action till consideration of the objections filed by the petitioners and if any filed within one week form the date of receipt of a copy of this order. The respondents shall follow the principles of natural justice before passing any further orders. Sd/- (PRADEEP SINGH YERUR) JUDGE kmv CT-MCK