- 1 - HC-KAR NC: 2025:KHC-D:9936 WP No. 106346 of 2024 C/W WP No. 105722 of 2024 WP No. 106334 of 2024 WP No. 106337 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106346 OF 2024 (GM-CPC) C/W WRIT PETITION NO. 105722 OF 2024 (GM-CPC) WRIT PETITION NO. 106334 OF 2024 (GM-CPC) WRIT PETITION NO. 106337 OF 2024 (GM-CPC) IN W.P.NO 106346/2024 BETWEEN: 1. MR SANGAPPA S/O PANCHAPPA LALASANGI AGE. 63 YEARS, OCC. BUSINESS R/O. 3/10/40-41-42 PATELWADI YADAGIRI-585201 2. MR. MALLAPPA S/O PANCHAPPA LALASANGI AGE. 58 YEARS, OCC. BUSINESS R/O. 3/10/40-41-42 PATELWADI YADAGIRI-585201 …PETITIONERS (BY SRI.ANAND ASHTEKAR & SRI. AKSHAY KATTI, ADVOCATES) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER BAGALKOT TOWN DEVELOPMENT AUTHORITY Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9936 WP No. 106346 of 2024 C/W WP No. 105722 of 2024 WP No. 106334 of 2024 WP No. 106337 of 2024 OFFICE OF THE BAGALKOT TOWN DEVELOPMENT AUTHORITY, BAGALKOT-587101 2. THE DEPUTY COMMISSIONER BAGALKOT OFFICE OF THE DEPUTY COMMISSIONER, NAVANAGAR BAGALKOT-587101 …RESPONDENTS (BY SRI. SANJAY CHANAL., ADVOCATE FOR R1; SRI. RAMESH B. CHIGARI., AGA FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 16.02.2024 PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE, BAGALKOT IN E.P. NO. 515/2022 PRODUCED VIDE ANNEXURE-G, AND RESTORE THE SAID EXECUTION PETITION FOR EXECUTING THE AWARD DATED 22.04.2022 PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE, AND JMFC BAGALKOT IN L.A.C. NO. 756/2014 PRODUCED VIDE ANNEXURE-A ENDS OF JUSTICE AND EQUITY. IN THE ENDS OF JUSTICE AND EQUITY AND ETC. IN W.P.NO 105722/2024 BETWEEN: MR SHANMUKAPPA S/O PANCHAPPA LALASANGI AGE. 59 YEARS, OCC. BUSINESS R/O. 3/10/40-41-42 PATELWADI YADAGIRI-585201 …PETITIONER (BY SRI.ANAND ASHTEKAR & SRI. AKSHAY KATTI, ADVOCATES) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER BAGALKOT TOWN DEVELOPMENT AUTHORITY OFFICE OF THE BAGALKOT TOWN DEVELOPMENT AUTHORITY, - 3 - HC-KAR NC: 2025:KHC-D:9936 WP No. 106346 of 2024 C/W WP No. 105722 of 2024 WP No. 106334 of 2024 WP No. 106337 of 2024 BAGALKOT-587101 2. THE DEPUTY COMMISSIONER BAGALKOT OFFICE OF THE DEPUTY COMMISSIONER, NAVANAGAR BAGALKOT-587101 …RESPONDENTS (BY SRI. SANJAY CHANAL., ADVOCATE FOR R1; SRI. RAMESH B. CHIGARI., AGA FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 16.02.2024 PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE, BAGALKOT IN E.P. NO. 513/2022 PRODUCED VIDE ANNEXURE-G, AND RESTORE THE SAID EXECUTION PETITION FOR EXECUTING THE AWARD DATED 22.04.2022 PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE, AND JMFC BAGALKOT IN L.A.C. NO. 754/2014 PRODUCED VIDE ANNEXURE-A ENDS OF JUSTICE AND EQUITY. IN THE ENDS OF JUSTICE AND EQUITY AND ETC. IN W.P.NO 106334/2024 BETWEEN: MR SHIVAKUMAR S/O PANCHAPPA LALASANGI AGE. 59 YEARS, OCC. BUSINESS R/O. 3/10/40-41-42 PATELWADI YADAGIRI-585201 …PETITIONER (BY SRI.ANAND ASHTEKAR & SRI. AKSHAY KATTI, ADVOCATES) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER BAGALKOT TOWN DEVELOPMENT AUTHORITY OFFICE OF THE BAGALKOT TOWN DEVELOPMENT AUTHORITY, BAGALKOT-587101 - 4 - HC-KAR NC: 2025:KHC-D:9936 WP No. 106346 of 2024 C/W WP No. 105722 of 2024 WP No. 106334 of 2024 WP No. 106337 of 2024 2. THE DEPUTY COMMISSIONER BAGALKOT OFFICE OF THE DEPUTY COMMISSIONER, NAVANAGAR BAGALKOT-587101 …RESPONDENTS (BY SRI. SANJAY CHANAL., ADVOCATE FOR R1; SRI. RAMESH B. CHIGARI., AGA FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 16.02.2024 PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE, BAGALKOT IN E.P. NO. 512/2022 PRODUCED VIDE ANNEXURE-G, AND RESTORE THE SAID EXECUTION PETITION FOR EXECUTING THE AWARD DATED 10.01.2022 PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE, AND JMFC BAGALKOT IN L.A.C. NO. 518/2013 PRODUCED VIDE ANNEXURE-A ENDS OF JUSTICE AND EQUITY. IN THE ENDS OF JUSTICE AND EQUITY AND ETC. IN W.P.NO 106337/2024 BETWEEN: 1. MR SANGAPPA S/O PANCHAPPA LALASANGI AGE. 63 YEARS, OCC. BUSINESS R/O. 3/10/40-41-42 PATELWADI YADAGIRI-585201 2. MR. MALLAPPA S/O PANCHAPPA LALASANGI AGE. 58 YEARS, OCC. BUSINESS R/O. 3/10/40-41-42 PATELWADI YADAGIRI-585201 3. MR SHIVAKUMAR S/O PANCHAPPA LALASANGI AGE. 59 YEARS, OCC. BUSINESS R/O. 3/10/40-41-42 PATELWADI - 5 - HC-KAR NC: 2025:KHC-D:9936 WP No. 106346 of 2024 C/W WP No. 105722 of 2024 WP No. 106334 of 2024 WP No. 106337 of 2024 YADAGIRI-585201 4. MR SHANMUKAPPA S/O PANCHAPPA LALASANGI AGE. 59 YEARS, OCC. BUSINESS R/O. 3/10/40-41-42 PATELWADI YADAGIRI-585201 …PETITIONERS (BY SRI.ANAND ASHTEKAR & SRI. AKSHAY KATTI, ADVOCATES) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER BAGALKOT TOWN DEVELOPMENT AUTHORITY OFFICE OF THE BAGALKOT TOWN DEVELOPMENT AUTHORITY, BAGALKOT-587101 2. THE DEPUTY COMMISSIONER BAGALKOT OFFICE OF THE DEPUTY COMMISSIONER, NAVANAGAR BAGALKOT-587101 …RESPONDENTS (BY SRI. SANJAY CHANAL., ADVOCATE FOR R1; SRI. RAMESH B. CHIGARI., AGA FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 16.02.2024 PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE, BAGALKOT IN E.P. NO. 514/2022 PRODUCED VIDE ANNEXURE-G, AND RESTORE THE SAID EXECUTION PETITION FOR EXECUTING THE AWARD DATED 22.04.2022 PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE, AND JMFC BAGALKOT IN L.A.C. NO. 753/2014 PRODUCED VIDE ANNEXURE-A ENDS OF JUSTICE AND EQUITY. IN THE ENDS OF JUSTICE AND EQUITY AND ETC. THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: - 6 - HC-KAR NC: 2025:KHC-D:9936 WP No. 106346 of 2024 C/W WP No. 105722 of 2024 WP No. 106334 of 2024 WP No. 106337 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The Petitioners in W.P.No.106346/2024 are before this Court seeking for the following reliefs: i. Quash the order dated 16.02.2024 passed by the II Additional Senior Civil Judge, Bagalkot in E.P.No.515/2022 produced vide Annexure-G and restore the said Execution Petition for Executing the Award dated: 22.04.2022 passed by the II Additional Senior Civil Jude & JMFC, Bagalkot in LAC No.756/2014 produced vide Annexure-A in the ends of justice and equity. ii. Grant such other reliefs deemed fit in the circumstances of the case. 2. The Petitioner in W.P.No.105722/2024 is before this Court seeking for the following reliefs: a) Quash the order dated 16.02.2024 passed by the II Additional Senior Civil Judge, Bagalkot in E.P.No.513/2022 produced vide Annexure-G and restore the said Execution Petition for Executing the Award dated: 22.04.2022 passed by the II Additional Senior Civil Jude & JMFC, Bagalkot in LAC No.754/2014 produced vide Annexure-A in the ends of justice and equity. b) Grant such other reliefs deemed fit in the circumstances of the case. - 7 - HC-KAR NC: 2025:KHC-D:9936 WP No. 106346 of 2024 C/W WP No. 105722 of 2024 WP No. 106334 of 2024 WP No. 106337 of 2024 3. The Petitioner in W.P.No.106334/2024 is before this Court seeking for the following reliefs: a) Quash the order dated 16.02.2024 passed by the II Additional Senior Civil Judge, Bagalkot in E.P.No.512/2022 produced vide Annexure-G and restore the said Execution Petition for Executing the Award dated: 10.01.2022 passed by the II Additional Senior Civil Jude & JMFC, Bagalkot in LAC No.518/2013 produced vide Annexure-A in the ends of justice and equity. b) Grant such other reliefs deemed fit in the circumstances of the case. 4. The Petitioners in W.P.No.106337/2024 are before this Court seeking for the following reliefs: a) Quash the order dated 16.02.2024 passed by the II Additional Senior Civil Judge, Bagalkot in E.P.No.514/2022 produced vide Annexure-G and restore the said Execution Petition for Executing the Award dated: 22.04.2022 passed by the II Additional Senior Civil Jude & JMFC, Bagalkot in LAC No.753/2014 produced vide Annexure-A in the ends of justice and equity. b) Grant such other reliefs deemed fit in the circumstances of the case. 5. The Petitioners are aggrieved by the closure of the Execution Petitions in E.P.No.515/2022, E.P.No.513/2022, E.P.No.512/2022 and - 8 - HC-KAR NC: 2025:KHC-D:9936 WP No. 106346 of 2024 C/W WP No. 105722 of 2024 WP No. 106334 of 2024 WP No. 106337 of 2024 E.P.No.514/2022 by II Additional Senior Civil Judge, Bagalkot by accepting the calculation memo submitted by Respondent No.1 - SLAO who are the judgment debtors in the said cases. 6. The submission of learned counsel for the Petitioners is that, in terms of the orders dated 22.4.2022 in LAC No.756/2014, LAC No.754/2014, LAC No.753/2014 and order dated 10.01.2022 in LAC No.518/2013, by invoking the provision under Section 28 of the Land Acquisition Act, 1894, the said Court had held that the claimants were entitled for interest on the enhanced compensation amount from the date of possession of the land or date of award whichever is earlier at the rate of 9% per annum for the first year and interest at the rate of 15% per annum for the subsequent years till deposit of the enhanced compensation amount. - 9 - HC-KAR NC: 2025:KHC-D:9936 WP No. 106346 of 2024 C/W WP No. 105722 of 2024 WP No. 106334 of 2024 WP No. 106337 of 2024 7. In pursuance thereof, the Petitioners had submitted a memo calculating the interest from 21.12.2010 at 9% being the date of award which had been passed and subsequently at the rate of 15%. Respondent No.1 - SLAO had submitted a memo by calculating 9% of interest from 3.8.2013 and 15% from 3.8.2014 on the ground that possession was taken only on 2.8.2013. It is taking the same on record that the Execution Petitions were closed on the net payable amount as indicated therein being paid to the Petitioners. It is challenging the said orders, the Petitioners are before this Court seeking for the aforesaid reliefs. 8. The submission of learned counsel for the Petitioners is that it is not the date on which possession was taken which was required to be taken into consideration inasmuch as for the judgment in LAC No.756/2014, LAC No.754/2014, LAC No.753/2014 - 10 - HC-KAR NC: 2025:KHC-D:9936 WP No. 106346 of 2024 C/W WP No. 105722 of 2024 WP No. 106334 of 2024 WP No. 106337 of 2024 and LAC No.518/2013, it was a date of possession of the land or date of the award whichever is earlier, which is required to be taken into consideration. 9. There is no dispute as regards the date of the award being 21.12.2010 though the contention of Sri.Sanjay Chanal, learned counsel for Respondents No.1 and 2 is that possession was taken only on 2.8.2013 and as such, interest would have to be paid only from 3.8.2013. The judgments in LAC No.756/2014, LAC No.754/2014, LAC No.753/2014 and LAC No.518/2013 have not been challenged and have attained finality. Once such finality is achieved, it would not lie for Respondent No.1 - SLAO to contend otherwise than that enumerated in LAC No.756/2014, LAC No.754/2014, LAC No.753/2014 and LAC No.518/2013. It was but required for the SLAO to have calculated interest at the rate of 9% from 21.12.2010 and 15% from 21.12.2011 and - 11 - HC-KAR NC: 2025:KHC-D:9936 WP No. 106346 of 2024 C/W WP No. 105722 of 2024 WP No. 106334 of 2024 WP No. 106337 of 2024 made payment of due amount to the Petitioners. The same not having been done, merely because it is contended by SLAO that interest would be required to be paid only from date of possession would not enure to the benefit of the SLAO since the same run counter to the judgments passed in LAC No.756/2014, LAC No.754/2014, LAC No.753/2014 and LAC No.518/2013. In that view of the matter, I pass the following: ORDER i) The Writ Petitions are allowed. ii) The orders dated 16.2.2024 passed by the II Additional Senior Civil Judge, Bagalkot in E.P.No.515/2022, E.P.No.513/2022, E.P.No.512/2022 and E.P.No.514/2022 at Annexure-G to the Writ Petitions are quashed. iii) The Execution Petitions in E.P.No.515/2022 E.P.No.513/2022, E.P.No.512/2022 and - 12 - HC-KAR NC: 2025:KHC-D:9936 WP No. 106346 of 2024 C/W WP No. 105722 of 2024 WP No. 106334 of 2024 WP No. 106337 of 2024 E.P.No.514/2022 are restored to file. The Execution Court is directed to consider the memo of calculation in terms of the judgment passed in LAC No.756/2014, LAC No.754/2014, LAC No.518/2013 and LAC No.753/2014 as observed hereinabove and pass necessary orders in accordance with law. iv) The Execution Court is also directed to consider the applicable rate of tax deduction in terms of Section 194 (LA) viz., the rate thereof being at 10% of the Interest amount, there being no TDS on the compensation, solatium and interest upto the award. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 55