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2025 DAILYLAW 65252 (KAR)

SHRI SHIVAPPA S/O IRAPPA KUDARIMANI v. THE STATE OF KARNATAKA

WP/107589/2024 · 2025-12-05

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:17335 WP No. 107589 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107589 OF 2024 (LA-RES) BETWEEN: SHRI. SHIVAPPA S/O. IRAPPA KUDARIMANI AGE. 45 YEARS, OCC. AGRICULTURE, R/O. CHIPPALAKATTI-591130 TQ. RAMDURG DIST. BELAGAVI. …PETITIONER (BY SRI. SHEKHARGOUDA NAGANURI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY DEPARTMENT OF IRRIGATION VIKAS SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560001. 2. MANAGING DIRECTOR KARNATAKA NEERAVARI NIGAM LTD., NO.1, 4TH FLOOR, COFFEE BOARD BUILDING, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560001. 3. CHIEF ADMINISTRATIVE OFFICER KARNATAKA NEERAVARI NIGAM LTD., WALMI DHARWAD-580011. 4. SPECIAL DEPUTY COMMISSIONER LAND ACQUISITION, REHABILITATION AND RECONSTRUCTION MAJOR IRRIGATION WORKS, D.C.COMPOUND BELAGAVI-590001. VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.12.11 16:18:13 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17335 WP No. 107589 of 2024 5. SPECIAL LAND ACQUISTION OFFICER, HIDKAL DAM, HIDKAL-591107 TQ. HUKKERI, DIST. BELAGAVI. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP, FOR R4, R5; SRI. CHETAN MUNNOLLI, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ORDER OR DIRECTION DIRECTING THE RESPONDENTS TO TAKE FURTHER STEPS IN PURSUANT TO NOTIFICATION UNDER SECTION 11 (1) OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT 2013 DATED 29.08.2022 AND PUBLISHED IN GAZETTE ON 27.09.2022 VIDE ANNEXURE-A I.E. TO ISSUE NOTIFICATION UNDER SECTION 19 AND TO PASS FINAL AWARD AS PER PRESENT MARKET VALUE, WITH ALL BENEFITS UNDER SECTION 37 OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT 2013 BY FOLLOWING DUE PROCEDURE BY FIXING TIME IN LAQ/JSR-86/2012-13 AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17335 WP No. 107589 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The learned counsel for the petitioner is before this Court seeking the following prayer: a. Issue a writ of Mandamus or order or direction directing the Respondents to take further steps in pursuant to Notification under Section 11 (1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 dated 29.08.2022 and published in Gazette on 27.09.2022 vide ANNEXURE-A i.e. to issue notification under Section 19 and to pass final award as per present market value, with all benefits under Section 37 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 by following due procedure by fixing time in LAQ/JSR- 86/2012-13. b. and direction to pay forthwith with all benefits as the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 by fixing time. c. Issue any other writ or directions to meet the ends of justice. 2. The learned counsel Sri.Chetan Munnoli representing the respondent submits that the passing of a notification under Section 19(1) i.e. the final notification is under process and to communicate the documents to the SLAO to pass the award. - 4 - HC-KAR NC: 2025:KHC-D:17335 WP No. 107589 of 2024 3. According to the said submission, the petition stands disposed reserving the liberty to the petitioner to approach this Court in the event of need of an award not being passed by the respondents or the award being delayed by the respondents. Sd/- (M.NAGAPRASANNA) JUDGE KGK List No.: 1 Sl No.: 0