- 1 - HC-KAR NC: 2025:KHC-D:15127 WP No. 107233 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107233 OF 2024 (S-RES) BETWEEN: 1. REVANAPPA S/O THAVARAPPA LAMANI, OCCU: NIL, AGE: 37 YEARS, R/O. MUCHAKANDI LT NO. 1 TQ: BAGALKOT, DIST: BAGALKOT 587111. 2. SHIVAKUMAR S/O. REVANAPPA LAMANI OCC: NIL, AGE: 37 YEARS, R/O: MUCHAKANDI LT NO.1, TQ: BAGALKOT DIST: BAGALKOT-587111. …PETITIONERS (BY SRI. M.B.RADDI, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER, BAGALKOT TQ AND DIST BAGALKOT 587102. 2. UNION OF INDIA BY ITS SECRETARY/RAILWAY BOARD, TO THE DEPARTMENT OF INDIAN RAILWAY NEW DELHI-110001. 3. DY. CHIEF PERSONAL OFFICER/ NG PERSONEL DEPARTMENT, RAILWAY SOUDHA GADAG ROAD TQ: HUBBALLI DIST: DHARWAD-580002. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15127 WP No. 107233 of 2024 4. THE DIVISIONAL MANAGER SOUTH WESTERN RAILWAY RAIL SOUDHA GADAG ROAD TQ: HUBBALLI, DIST: DHARWAD-580002. 5. GOVERNMENT OF INDIA REPRESENTED BY SECRETARY AIRF, ROOM NO 253, RAIL BHAVAN NEW DELHI-110001. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 SRI. M.B. KANAVI CGSC FOR R3 TO R5) 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 TO QUASH THE REVISION POLICY REGARDING COMPENSATION OF LAND LOSERS AFFECTED BY LAND ACQUISITION FOR RAILWAY PROJECT CIRCULAR PASSED BY 2ND RESPONDENT BEARING RBE NO.193/2019- NO.E(NG)II/2010/RC-5/1 DATED 11-11-2019 MARKED AS ANNEXURE-F. B) ISSUE A WRIT IN THE NATURE OF MANDAMUS THE RESPONDENT NO.3 TO CONSIDER THE REPRESENTATION DATED 16/07/2014 ANNEXURE-E AND REPRESENTATION DATED. 28/07/2022 ANNEXURE-G. THIS WRT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15127 WP No. 107233 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioners are before this Court seeking the following reliefs: a) Issue a writ in the nature of CERTIORARI to quash the revision policy regarding compensation of land losers affected by land acquisition for railway project circular passed by 2nd respondent bearing RBE NO.193/2019-NO.E(NG)II/2010/RC- 5/1 dated 11-11-2019 marked as ANNEXURE-F. b) Issue a writ in the nature of mandamus the Respondent No.3 to consider the representation dated 16/07/2014 ANNEXURE-E and representation dated 28/07/2022 Annexure-G. c) Issue any other writ or direction as this Hon’ble court deems fit under the facts and circumstances of the case. 2. The petitioners are land losers, their land having been acquired by the Railway for a railway project, seeking employment on the ground of having lost their land. 3. Learned counsel for the petitioners submits that the learned Single Judge of this Court had allowed similar claims in favour of other land losers and, therefore, the petitioners, being similarly situated, should be entitled to the same relief. He seeks to place reliance upon the judgment rendered by the Co-ordinate Bench of this Court in WP No.147792/2020, disposed of on 12.10.2022 - 4 - HC-KAR NC: 2025:KHC-D:15127 WP No. 107233 of 2024 4. Sri M. B. Kanavi, learned counsel representing the respondents, submits that the said judgment was challenged before the Division Bench. The Division Bench, in terms of its order dated 19.09.2023 in CCC No. 100142/2023 and WA No. 100159/2023 has set aside the order passed by the learned Single Judge in WP No. 147792/2020, reliance upon which is now placed by the learned counsel for the petitioners. 5. The order of the learned Single Judge in WP No.147792/2020 reads as follows: “7. It is undisputed that the proceedings initiated for acquiring the land belonging to the petitioners culminated in passing the award dated 2.8.2013. The petitioners in terms of the notice issued under Section 12(2) of the Land Acquisition Act, 1894 and also the Circular dated 16.7.2010, submitted the applications with the respondents No.2 to 4 to provide them appointment in group `D’ post in the railway department. As on the date when the award was passed and also the applications were submitted by the petitioners, the Circular dated 16.7.2010 was in force. In the case of T Vijayalakshmi & Ors. (supra), the Hon’ble Supreme Court has held that the application for grant of permission for construction of the building is required to be decided in accordance with law applicable on the date of the said permission is granted. The respondents No.2 and 3 were under an obligation to consider the applications submitted by the petitioners in the light of the Circular dated 16.7.2010 which was in force and not the Circular dated 11.11.2019, which superseded the earlier Circular. As per the Circular dated 16.7.2010, the petitioners were entitled for appointment in group `D’ post in the railway department. 8. The petitioners were also issued with the land losers certificate dated 11.10.2014 in terms of the Circular dated 16.7.2010. Hence, the impugned communication issued by - 5 - HC-KAR NC: 2025:KHC-D:15127 WP No. 107233 of 2024 the 3 rd respondent is not sustainable in law. Accordingly, I pass the following: ORDER i) The writ petition is allowed. ii) The impugned communication dated 11.2.2020 issued by the 3rd respondent vide Annexure-G is hereby quashed. iii) The respondent No.3 is hereby directed to consider the application submitted by the petitioners for appointment in group `D’ post in the railway department in the light of the Circular dated 16.7.2010 at Annexure-E and pass appropriate order in accordance with law within a period of three months from the date of receipt of certified copy of this order.” 6. The order of the Division Bench in CCC No. 100142/2023 and WA No. 100159/2023 reads as follows: “5. As can be seen from the impugned order, the learned Single Judge merely places reliance upon Circular dated 16th July, 2010 without referring to the Corrigendum dated 13th August, 2010; or letter dated 28th September, 2010. 6. Under these circumstances, the impugned order, insofar as it relates to reference to the Circular dated 16th July, 2010, is factually incorrect and the appellant would have to be directed to reconsider the application submitted by the respondents No.1 and 2-writ petitioners without reference to Circular dated 11th November, 2019 and in accordance with law. In other words, the Circular dated 11th November, 2019 would not be applicable to the respondents No.1 and 2-writ petitioners, who would be governed by Circular dated 16th July, 2010, Corrigendum dated 13th August, 2010 and Circular dated 28th September, 2010, all of which had come into existence prior to passing of the award and in accordance with law. 7. In the result, appeal is disposed of. The impugned order dated 12th October, 2022 is modified by deleting the words "in the light of circular dated 16th July, 2010 at Annexure-E" in the operative portion of the order. The appellants are directed to reconsider the application submitted by the petitioners for - 6 - HC-KAR NC: 2025:KHC-D:15127 WP No. 107233 of 2024 appointment to Group 'D' post in accordance with law and without reference to Circular dated 11th November, 2019, which is not applicable to the respondents No.1 and 2-writ petitioners. The appellants are directed to re-consider the claim of the respondents No.1 and 2- writ petitioners and take appropriate decision/pass appropriate order in accordance with law within a period of one month from the date of receipt of certified copy this order. In the light of the disposal of the main appeal, Contempt petition stands dropped.” (Emphasis supplied) The Division Bench in the afore-quoted order states that the circular dated 11-11-2019 would not be applicable to the land losers and instead the land losers would be governed by the circulars dated 16-07-2010, the Corrigendum dated 13-08-2010 and the Circular dated 28-09-2010. The Division Bench only modifies the operative portion of the order of the learned Single Judge in WP No.147792/2020 to a limited extent and does not set aside the order of the learned Single Judge in whole. 7. As the petitioners are placing reliance upon the very same circulars dated 16-07-2010 and 11-11-2019 discussed in the afore-quoted orders of the learned Single Judge and the Division Bench, this petition does not require any further consideration at the hands of this Court. The Division Bench has - 7 - HC-KAR NC: 2025:KHC-D:15127 WP No. 107233 of 2024 categorically stated that the impugned circular dated 11-11-2019 will not be applicable to the land losers. Therefore, this petition stands disposed of in terms of the afore-quoted order of the Division Bench which had modified the order of the learned Single Judge. 8. For the aforesaid reasons the following: ORDER i) The writ petition is allowed in part. ii) The Respondent No. 3 is directed to consider the representations submitted by the Petitioners dated 16-01-2024 and 28-07-2022 in terms of the observations made in the course of the order and pass appropriate orders in accordance with law within a period of two months form the date of receipt of the copy of this order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE AC CT:ANBList No.: 1 Sl No.: 60