- 1 - NC: 2025:KHC-D:1352 WP No. 108530 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 108530 OF 2016 (LA-RES) BETWEEN: 1. SMT.MUTTAVVA SIDDAPPA INGILIGI, AGE: 50 YEARS, OCC: AGRICULTURE, R/O JALIBER, TQ. MUDHOL, DIST. BAGALKOT. 2. HOLABASAPPA KENCHAPPA TELI, AGE: 68 YEARS, OCC: AGRICULTURE, R/O JALIBER, TQ. MUDHOL, DIST. BAGALKOT. 3. JAGADISH MANINGAPPA TELI, AGE: 27 YEARS, OCC: AGRICULTURE, R/O JALIBER, TQ. MUDHOL, DIST. BAGALKOT. 4. SANGAPPA SHIVALINGAPPA TELI, AGE: 70 YEARS, OCC: AGRICULTURE, R/O JALIBER, TQ. MUDHOL, DIST. BAGALKOT. 5. BHEEMAPPA APPANNA BATAKURKI, AGE: 36 YEARS, OCC: AGRICULTURE, R/O ROOGI, ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.27 16:33:56 +0530 - 2 - NC: 2025:KHC-D:1352 WP No. 108530 of 2016 TQ. MUDHOL, DIST. BAGALKOT. 6. SAGAREPPA SOMAPPA BATAKURKI, AGE: 37 YEARS, OCC: AGRICULTURE, R/O ROOGI, TQ. MUDHOL, DIST. BAGALKOT. 7. HANAMANT PANDAPPA MIRJI, AGE: 37 YEARS, OCC: AGRICULTURE, R/O JALIBER, TQ. MUDHOL, DIST. BAGALKOT. 8. SURESH TIMMAPPA MIRJI, AGE: 42 YEARS, OCC: AGRICULTURE, R/O JALIBER, TQ. MUDHOL, DIST. BAGALKOT. 9. SMT.KAMALAVVA TIMMAPPA MIRJI, AGE: 72 YEARS, OCC: AGRICULTURE, R/O JALIBER, TQ. MUDHOL, DIST. BAGALKOT. 10. VENKAPPA GIREPPA METAGUDDA, AGE: 49 YEARS, OCC: AGRICULTURE, R/O JALIBER, TQ. MUDHOL, DIST. BAGALKOT. 11. GOPAL GIRIYAPPA METAGUDDA, AGE: 54 YEARS, OCC: AGRICULTURE, R/O JALIBER, TQ. MUDHOL, DIST. BAGALKOT. 12. RATNAVVA RAMESH LAGAL, - 3 - NC: 2025:KHC-D:1352 WP No. 108530 of 2016 AGE: 38 YEARS, OCC: AGRICULTURE AND HOUSEHOLD WORK, R/O UTTUR, TQ. MUDHOL, DIST. BAGALKOT. 13. RAMESH TARAPPA TARAPPAGOL @ LAGAL, AGE: 42 YEARS, OCC: AGRICULTURE and HOUSEHOLD WORK, R/O UTTUR, TQ. MUDHOL, DIST. BAGALKOT. 14. TAYAVVA VENKAPPA LAGAL, AGE: 42 YEARS, OCC: AGRICULTURE AND HOUSEHOLD WORK, R/O UTTUR, TQ. MUDHOL, DIST. BAGALKOT. 15. NINGAPPA GOVINDAPPA HUNASIKATTI, AGE: 41 YEARS, OCC: AGRICULTURE, R/O METAGUDDA, TQ. MUDHOL, DIST. BAGALKOT. 16. BASAVALINGAVVA SHIVARUDRAYAPPA VIBHOOTI, AGE: 80 YEARS, OCC: AGRICULTURE, R/O JALIBER, TQ. MUDHOL, DIST. BAGALKOT. 17. HANAMANT GOVINDAPPA HUNASIKATTI, AGE: 38 YEARS, OCC: AGRICULTURE, R/O METAGUDDA, TQ. MUDHOL, DIST. BAGALKOT. 18. RAMAPPA GOVINDAPPA HUNASIKATTI AGE: 48 YEARS, OCC: AGRICULTURE, R/O METAGUDDA, TQ. MUDHOL, - 4 - NC: 2025:KHC-D:1352 WP No. 108530 of 2016 DIST. BAGALKOT. 19. PANDAPPA GOVINDAPPA HUNASIKATTI, AGE: 45 YEARS, OCC: AGRICULTURE, R/O METAGUDDA, TQ. MUDHOL, DIST. BAGALKOT. 20. LAKKAPPA SATYAPPA GUDADANNAVAR, AGE: 35 YEARS, OCC: AGRICULTURE, R/O METAGUDDA, TQ. MUDHOL, DIST. BAGALKOT. 21. SATYAPPA LAKKAPPA GUDADANNAVAR, AGE: 40 YEARS, OCC: AGRICULTURE, R/O METAGUDDA, TQ. MUDHOL, DIST. BAGALKOT. 22. KASAPPA LAKKAPPA GUDADANNAVAR, AGE: 42 YEARS, OCC: AGRICULTURE, R/O METAGUDDA, TQ. MUDHOL, DIST. BAGALKOT. 23. NINGAPPA HANAMAPPA ITTANNAVAR, AGE: 36 YEARS, OCC: AGRICULTURE, R/O METAGUDDA, TQ. MUDHOL, DIST. BAGALKOT. 24. RANGAPPA HANAMAPPA KULAGOD, AGE: 42 YEARS, OCC: AGRICULTURE, R/O JALIBER, TQ. MUDHOL, DIST. BAGALKOT. 25. SUMMAVVA AVIVEPPA CHIKKANNAVAR, AGE: 65 YEARS, - 5 - NC: 2025:KHC-D:1352 WP No. 108530 of 2016 OCC: HOUSEHOLD WORK, R/O JALIBER, TQ. MUDHOL, DIST. BAGALKOT. 26. PANDAPPA SHANKREPPA MIRJI, AGE: 60 YEARS, OCC: AGRICULTURE, R/O JALIBER, TQ. MUDHOL, DIST. BAGALKOT. 27. ANNAPPA BHEEMAPPA IMMADI, AGE: 46 YEARS, OCC: AGRICULTURE, R/O UTTUR, TQ. MUDHOL, DIST. BAGALKOT. 28. VENKAPPA TARAPPA TARAPPAGOL @ LAGALA, AGE: 47 YEARS, OCC: AGRICULTURE, R/O UTTUR, TQ. MUDHOL, DIST. BAGALKOT. 29. DEVENDRA CHANNAPPA BADIGER, AGE: 81 YEARS, OCC: AGRICULTURE, R/O UTTUR, TQ. MUDHOL, DIST. BAGALKOT. 30. DASHARATH CHANNAPPA BADIGER, AGE: 75 YEARS, OCC: CARPENTER, R/O UTTUR, TQ. MUDHOL, DIST. BAGALKOT. 31. DEEPA BASAVARAJ ADAVI, AGE: 32 YEARS, OCC: AGRICULTURE, R/O ROOGI, TQ. MUDHOL, DIST. BAGALKOT. - 6 - NC: 2025:KHC-D:1352 WP No. 108530 of 2016 32. MARUTI BHEERAPPA RAMAGONDA, AGE: 45 YEARS, OCC: AGRICULTURE, R/O ROOGI, TQ. MUDHOL, DIST. BAGALKOT. 33. NINGAPPA GOVINDAPPA YADAWAD, AGE: 52 YEARS, OCC: AGRICULTURE, R/O ROOGI, TQ. MUDHOL, DIST. BAGALKOT. 34. VITTAL NAGAPPA YADAVAD, AGE: 42 YEARS, OCC: AGRICULTURE, R/O ROOGI, TQ. MUDHOL, DIST. BAGALKOT. 35. BEEBIJAN MOULASAB NADAF, AGE: 48 YEARS, OCC: HOUSEHOLD WORK, R/O ROOGI, TQ. MUDHOL, DIST. BAGALKOT. 36. MAHABOOBASAB MOULASAB NADAF, AGE: 32 YEARS, OCC: AGRICULTURE, R/O ROOGI, TQ. MUDHOL, DIST. BAGALKOT. 37. SAIDUSAB MOULASAB NADAF, AGE: 28 YEARS, OCC: AGRICULTURE, R/O ROOGI, TQ. MUDHOL, DIST. BAGALKOT. 38. BABASABA MOULASAB NADAF, AGE: 30 YEARS, OCC: AGRICULTURE, - 7 - NC: 2025:KHC-D:1352 WP No. 108530 of 2016 R/O ROOGI, TQ. MUDHOL, DIST. BAGALKOT. 39. LAKSHMI AVVAPPA MALALI, AGE: 34 YEARS, OCC: HOUSEHOLD WORK, R/O UTTUR, TQ. MUDHOL, DIST. BAGALKOT. 40. SHANKAREPPA APPASAHEB BATAKURKI, AGE: 52 YEARS, OCC: AGRICULTURE, R/O ROOGI, TQ. MUDHOL, DIST. BAGALKOT. 41. LAKSHMI @ HANAMAPPA BATAKURKI, AGE: 28 YEARS, OCC: HOUSEHOLD, R/O ROOGI, TQ. MUDHOL, DIST. BAGALKOT. 42. NINGAPPA APPANNA BATAKURKI, AGE: 38 YEARS, OCC: AGRICULTURE, R/O ROOGI, TQ. MUDHOL, DIST. BAGALKOT. …PETITIONERS (BY SRI. H M DHARIGOND,ADVOCATE) AND: 1. THE UNION OF INDIA, REPRESENTED BY ITS GENERAL MANAGER, SOUTH WESTERN RAILWAYS HUBBALLI. 2. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPT. OF REVENUE, - 8 - NC: 2025:KHC-D:1352 WP No. 108530 of 2016 (LAND ACQUISITION), M.S. BUILDING, BANGALORE-560007. 3. THE DEPUTY COMMISSIONER, BAGALKOT DISTRICT, BAGALKOT. 4. THE SPECIAL LAND ACQUISITION OFFICER, CUM. ASST. COMMISSIONER, JAMKHANDI, JAMAKHANDI SUB DIVISION, DISTRICT BAGALKOT. 5. THE CHIEF ENGINEER, IV CONSTRUCTION BRANCH, SOUTH WESTERN RALWAY HUBLI-5800023. 6. THE DEPUTY CHIEF ENGINEER, IV CONSTRUCTION BRANCH, SOUTH WESTERN RAILWAY, HUBLI-580023. 7. THE TAHSILDAR, MUDHOL TALUK MUDHOL, JAMAKHANDI SUB-DIVISION, DISTRICT BAGALKOT. …RESPONDENTS (BY SRI. V.S. KALASURMATH., AGA FOR R2-3, R,7; SRI. NARAYAN V. YAJI., ADVOCATE R1,R5-R6) 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 TO QUASH THE IMPUGNED NOTIFICATIONS ISSUED UNDER SECTION 4(1) OF THE LAND ACQUISITION ACT DATED 25.10.2012 UNDER NO. RB/LAQ/CR/125/2011-12 ISSUED BY THE R3 VIDE ANNEXURE-B, NOTIFICATION ISSUED UNDER SECTION 6(1) OF THE LAND ACQUISTION ACT, DATED 26.10.2013 UNDER NO. RD/129/BHUSWAVI/2013 ISSUED BY THE 2ND RESPONDENT VIDE ANNEXURE-C AND AWARD PASSED BY THE 4TH RESPONDENT UNDER NO. LAQ/SR/20/2011-12 JAMAKHANDI DATED 11.07.2016 VIDE ANNEXURE-D ONLY IN SO FAR AS PETITIONERS ARE CONCERNED. - 9 - NC: 2025:KHC-D:1352 WP No. 108530 of 2016 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP , THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: i. A Writ in the nature of Certiorari to quash the impugned notifications issued under Section 4(1) of the land acquisition act dated 25.10.2012 under No. RB/LAQ/CR/125/2011-12 issued by the R3 vide Annexure-B, notification issued under Section 6(1) of the land acquisition act dated 26.10.2013 under No. RD/129/BHUSWAVI/2013 issued by the R2 vide Annexure-C and award passed by the R4 under No.LAQ/SR/20/2011-12 Jamakhandi dated 11.07.2016 vide Annexure-D only in so far petitioners are concerned. ii. Any other writ or direction from this Hon’ble Court is deem fit under the circumstances of acts of the case, in the interest of justice and equity. 2. The contention of Shri H. M. Dharigond, Counsel for the Petitioner is that the final notification under Sub- section (1) of Section 6 of the Land Acquisition Act, 1894 [‘Act of 1894], dated 26.10.2013, having been published on 13.01.2014, the award was required to - 10 - NC: 2025:KHC-D:1352 WP No. 108530 of 2016 be passed within two years, in terms of Act of 1894, and the same not having been done, Section 25 of The Right To Fair Compensation And Transparency in Land Acquisition Act of 2013 [‘Act of 2013’ for short] would become applicable, and since the award has not been passed within the applicable timeframe, the acquisition is deemed to have been lapsed under Section 25 of the Act of 2013, the award having been published on 11.07.2016. 3. Learned AGA for the respondents would submit that though there may be a delay in publishing the draft, the petitioners have received the compensation amounts in terms of the said award in the year 2018-2019. The petitioners have also filed an application under Section 64 of the Act of 2013, seeking for enhancement of compensation by reference. In pursuance thereof, an order under Section 65 has also been passed and the matter has been referred to the Reference Court. Thus, he - 11 - NC: 2025:KHC-D:1352 WP No. 108530 of 2016 submits that the petitioner having received the compensation amount and having sought for enhancement, cannot now contend that the award has been passed belatedly and or that the acquisition has lapsed. 4. The submission in reply by Sri. H.M.Darigond, learned counsel is that the amounts have been received under protest and as such, the same cannot be held against the petitioners. 5. Heard Sri.H.M.Dharigond, learned counsel for the petitioners, Sri.V.S.Kalasurmath, learned AGA for respondents No.2, 3, 4 and 7 and Sri.Narayan Y.Yaji, learned counsel for respondents No.1, 5 and 6. Perused papers. 6. Having gone through the documents, it is clear that though there is a delay in the publication of the award, the petitioners themselves have accepted the compensation amount and have also filed an - 12 - NC: 2025:KHC-D:1352 WP No. 108530 of 2016 application under Section 64 of the Act of 2013 for enhancement. Though the contention of Sri.H.M.Dharigond is that the amounts were received under protest, the same could have been accepted by this court if not for the petitioners having filed an application under Section 64 of the Act of 2013 for enhancement of compensation. Once the land loser has filed an application for enhancement of compensation, the land loser cannot maintain a challenge to the acquisition per se. 7. In that view of the matter, no grounds being made out, the petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 55