- 1 - HC-KAR NC: 2025:KHC-D:8593 WP No. 105594 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 105594 OF 2024 (LA-RES) BETWEEN: VALAPPA SHIVAPPA HAMU LAMANI, AGED ABOUT 47 YEARS, OCC: AGRICULTURE, RESIDENT OF KUNDARAGI LT-1, POST: JANAMATTI, BILAGI TALUK, BAGALKOT DISTRICT. …PETITIONER (BY SRI. SANTOSH B. MANE, ADVOCATE) AND: 1. THE DISTRICT COMMISSIONER AND MANAGING DIRECTOR, (LAND ACQUISITION, RECONSTRUCTION & REHABILITATION) UPPER KRISHNA PROJECT, BILAGI, DIST: BAGALKOT. 2. THE COMMISSIONER, GOVERNMENT SECRETARY, DEPARTMENT OF REVENUE, UKP BAGALKOT. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE ENTIRE ACQUISITION PROCEEDINGS INITIATED UNDER IMPUGNED NOTIFICATION UNDER SECTION 4(1) DATED 31-12-2013 BEARING NO VGBA/BHUSWA/CR- 11/13-14 VIDE ANNEXURE-B ISSUED BY RESPONDENT NO.1 AND CONSEQUENTLY QUASH THE NOTIFICATION DATED 25-6-2015 ISSUED UNDER SECTION 17 KARNATAKA LAND ACQUISITION ACT R/W CHAPTER 6 OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT 2013 VIDE ANNEXURE-D ISSUED BY RESPONDENT NO.2 IN SO FAR IT RELATES TO THE PETITIONERS VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8593 WP No. 105594 of 2024 LAND BEARING SY NO.208/2KA TO THE EXTENT OF 1-13 ACRE SITUATED AT KUNDARAGI VILLAGE OF BILAGI TALUK AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) The petitioner is the owner of agricultural land bearing Sy.No.208/2 measuring to an extent of 1 acre 13 guntas situated at Kundaragi village, Bilagi taluk and a notification was issued under Section 4(1) of the Land Acquisition Act, 1894, (for short, hereinafter referred to as 'the Act, 1894') dated 31.12.2013 published in the Official Gazette on 07.01.2014 proposing to acquire the subject land for the purpose of rehabilitation of displaced person. Thereafter, the Notification dated 14.07.2015 under Section 6 R/w Section 17 of the Act, 1894 was issued acquiring the subject land for the said purpose. Being aggrieved, these petitions are filed. 2. Learned counsel for the petitioners submits that when the preliminary notification under Section 4(1) of the Act, 1894 was issued, by that time, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and - 3 - HC-KAR NC: 2025:KHC-D:8593 WP No. 105594 of 2024 Resettlement Act, 2013 (for short, hereinafter referred to as, 'the Act, 2013') came into force with effect from 01.01.2014. Therefore, the Act, 1984 having been repealed on the date when the Preliminary Notification was published in the Official Gazette, the Preliminary Notification and the Final Notification issued are one without authority of law. 3. Per contra, learned HCGP submits that Section 114 of the Act, 2013, deals with the repeal and savings and states that the repeal shall not prejudice or affect the general application of Section 6 of the General Clauses Act. Therefore, Section 4(1) Notification having been issued prior to the commencement of the Act, on 13.12.2013, the same is in accordance with law. 4. The term notification is not defined under the Act, 1894, therefore, the provisions of the Karnataka General Clauses Act, 1899 have to be resorted. Section 3(24b) of the Karnataka General Clauses Act, 1899, defines the term notification, and means a notification published in the Official Gazette. Therefore, the Preliminary Notification issued under Section 4(1) of the Act 1894, which was published on - 4 - HC-KAR NC: 2025:KHC-D:8593 WP No. 105594 of 2024 07.01.2014 was after commencement of the Act, 2013. Therefore, the Act, 1894, having been repealed, the Preliminary Notification dated 31.12.2013 issued under Section 4(1) of the Act, 1894, as well as the Final Notification under Section 6 of the Act, 2013, read with Section 17 of the Act, 1894, are ineffective and cannot be enforced. Accordingly, I pass the following: ORDER This petition is allowed. The impugned Preliminary Notification dated 31.12.2013 issued by the respondent No.1 at Annexure B as well as the Final Notification dated 25.06.2015 passed by the respondent No.2 vide Annexure-D so far as the petitioner's land is concerned, are hereby quashed. Sd/- (PRADEEP SINGH YERUR) JUDGE Kmv CT-MCK