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2025 DAILYLAW 65754 (KAR)

HANUMANTH S/O SANNATAMMAPPA TUPPAD v. THE LAND TRIBUNAL

WP/72324/2012 · 2025-10-16

Anant Ramanath Hegde

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:14081 WP No. 72324 of 2012 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 72324 OF 2012 (LR) BETWEEN: HANUMANTH S/O SANNATAMMAPPA TUPPAD, AGED ABOUT 50 YEARS, OCC: AGRICULTURE, R/O. BAGALKOT. … PETITIONER (BY SRI. MRUTYUNJAY S. HALLIKERI, ADVOCATE) AND: 1. THE LAND TRIBUNAL, BAGALKOT. 2. SMT. BORAWWA W/O SANGAPPA NAKKARAGUNDI, AGED ABOUT 28 YEARS,OCC: HOUSEHOLD, 3. LAXMI D/O SANGAPPA NAKKARAGUNDI, 4. SHRISHAIL S/O SANGAPPA NAKKARAGUNDI, SINCE BOTH ARE MINORS, REPRESENTED BY THEIR GUARDIAN MOTHER RESPONDENT NO.2. 5. SMT. BASAVVA W/O BASAPPA NAKKARAGUNDI, AGED ABOUT 78 YEARS, OCC: HOUSEHOLD, SINCE DECEASED BY HER LR’S., 6. HANUMAT S/O BASAPPA NAKKARGUNDI, SINCE DECEASED R/BY HIS LR’S., 6A. SMT. MALLAWWA W/O HANAMANTHA EKKARGUNDI, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14081 WP No. 72324 of 2012 AGE. 60 YEARS, OCC. AGRICULTURE, R/O. KADAMPUR, DIST. BAGALKOT. 6B. SMT. LAKKAWWA MAHADEVAPPA GANAGER, AGE. 40 YEARS, OCC. AGRICULTURE, R/O. KADAMPUR, DIST. BAGALKOT. 6C. SRI. BASAPPA S/O HANAMANT NAKKARGUNDI, AGE. 35 YEARS, OCC. AGRICULTURE, R/O. KADAMPUR, DIST. BAGALKOT. 6D. SMT. PARVATEWWA W/O IRAPPA KARADI, AGE. 60 YEARS, OCC. AGRICULTURE, R/O. KADAMPUR, DIST. BAGALKOT. 7. SPECIAL LAND ACQUISITION OFFICER, UPPER KRISHNA PROJECT, BAGALKOT. 8. STATE OF KARNATAKA, BY PRINCIPAL SECRETARY,REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU. 9. SMT. SOMAVVA W/O BASAPPA MADAR, AGE. 58 YEARS, OCC. AGRICULTURE, R/O. HALEPETH, TQ. BAGALKOT. … RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1, R7 AND R8; SRI. M.C. HUKKERI, ADVOCATE FOR R2, R3, R4 AND R6(A TO D); SRI. R.B. ANNEPPANAVAR, ADVOCATE FOR R9) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI, QUASHING THE ORDER PASSED BY THE LAND TRIBUNAL BAGALKOT DATED 17.08.2010 PASSED IN KLR:TSR-843 WHICH IS AT ANNEXURE-R TO THIS WRIT PETITION. - 3 - HC-KAR NC: 2025:KHC-D:14081 WP No. 72324 of 2012 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Petition is filed assailing the order passed by 1st respondent - Land Tribunal. The Land Tribunal in terms of the impugned order granted occupancy right in favour of private respondents. The landlord is before this Court. 2. Learned counsel for the petitioner and learned counsel for the private respondents jointly submit that the dispute is amicably settled. Petition properties are acquired under the Land Acquisition Act and compensation has been deposited before the II Additional Senior Civil Judge, Bagalkot. 3. The Compromise petition is filed reporting settlement. 4. The terms of settlement are as under: - 4 - HC-KAR NC: 2025:KHC-D:14081 WP No. 72324 of 2012 MEMORANDUM OF COMPROMISE PETITION FILED UNDER ORDER XXIII RULE 3 READ WITH SECTION 151 OF CODE OF CIVIL PROCEDURE, 1908, BETWEEN PETITIONER AND RESPONDENT NOS.2 TO 4 AND 6A TO 6D The Petitioner and Respondent Nos.2 to 4 and 6A to 6D have agreed that this petition may kindly be disposed of by this Hon’ble Court on the following terms: a. Respondent Nos.2 to 4 and 6A to 6D acknowledge and agree that the Petitioner was the owner of the subject matter property prior to it being acquired by the State for the Upper Krishna Project. b. In view of the above, the Respondent Nos.2 to 4 and 6A to 6D shall pay to the Petitioner a sum equivalent of 40% of the amount to be awarded by the Hon’ble II Additional Senior Civil Judge Court, Bagalkot in LAC No.1 of 2009. Respondent Nos.2 to 4 and 6A to 6D are entitled to keep the remaining 60% of the amount to be awarded by the Hon’ble II Additional Senior Civil Judge Court, Bagalkot in LAC No.1 of 2009. Petitioner and Respondent Nos.2 to 4 and 6A to 6D agree to co- operate and do all such necessary acts for the purpose of withdrawing of the money deposited in the Hon’ble II Additional Senior Civil Judge, Bagalkot and such other acts necessary to enforce the letter and spirit of this Compromise, including (but not limited to) filing of - 5 - HC-KAR NC: 2025:KHC-D:14081 WP No. 72324 of 2012 compromise petition before the Hon’ble II Additional Senior Civil Judge, Bagalkot. c. Parties agree to execute a separate agreement, if needed, in respect of each parties’ claim to compensation to be received in respect of the acquisition of the subject land by the State for the Upper Krishna Project. d. The present Compromise Petition between the Petitioner and Respondent Nos.2 to 4 and 6A to 6D has been executed in good faith. e. The present Compromise Petition was the result of a negotiated settlement of the present dispute between the Petitioner and the Respondent Nos.2 to 4 and 6A to 6D in relation to the subject matter property, intended to ensure benefit for the parties herein. f. The Petitioner and Respondent Nos.2 to 4 and 6A to 6D hereby state that the amicable settlement set out in this Compromise Petition is on account of their own free will, without any inducement, coercion, pressure, or undue influence. 5. On going through the terms of the settlement, this Court does not find any reason to reject the compromise petition as the same is lawful. - 6 - HC-KAR NC: 2025:KHC-D:14081 WP No. 72324 of 2012 6. It is also noticed that the compromise petition is signed by the parties to the proceeding who have entered into settlement. 7. Learned counsel for the respective parties have identified the parties who are present before the Court. 8. On enquiry, the parties jointly submit that they have voluntarily entered into settlement. 9. Accordingly, petition is disposed of. The impugned award is modified in terms of the compromise petition. Sd/- (ANANT RAMANATH HEGDE) JUDGE brn LIST NO.: 1 SL NO.: 89