- 1 - HC-KAR NC: 2025:KHC:29533-DB WA No. 424 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 424 OF 2025 (LA-RES) BETWEEN: 1. V.T.LAKSHME GOWDA S/O. THOPEGOWDA AGED ABOUT 57 YEARS MAJOR, R/O SY NO.1/2B CHIKKAHONNANA HALLI VILLAGE KASABA HOBLI HASSAN TALUK - 573 201 2. MANJUNATHA S/O THAMMEGOWDA AGED ABOUT 60 YEARS MAJOR, R/O SY NO.1/2B CHIKKAHONNANA HALLI VILLAGE KASABA HOBLI HASSAN TALUK - 573 201 …APPELLANTS (BY SRI. VENUGOPAL M S.,ADVOCATE) AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT M S BUILDINGS BENGALURU - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29533-DB WA No. 424 of 2025 2. THE STATE OF KARNATAKA ANIMAL HUSBANDRY AND FISHERY DEPARTMENT M S BUILDINGS BENGALURU - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY 3. THE DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN - 573 201 4. THE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER HASSAN DISTRICT HASSAN - 573 201 5. VICE CHANCELLOR KARNATAKA STATE ANIMAL MEDICAL SCIENCE, ANIMAL AND FISHERY SCIENCE UNIVERSITY NANDHINAGAR BIDAR - 585 401 6. DEAN ANIMAL MEDICAL SCIENCE UNIVERSITY KORAMANGALA GATE ARASIKERE ROAD HASSAN - 573 201 …RESPONDENTS (SRI K.S. HARISH, GA FOR RESPONDENT NOS.1 TO 4) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WP No.51339/2017 DATED 30.01.2025 AND ALLOW THE WP AS PRAYED FOR BY ALLOWING THIS WA IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC:29533-DB WA No. 424 of 2025 THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE) 1. For the reasons stated in the application-I.A No.2/2025, the same is allowed. The delay in filing the appeal is condoned. 2. The appellants have filed the present appeal impugning an order dated 30.01.2025 passed by the learned Single Judge in Writ Petition No.51339/2017 (LA-RES) captioned V.T Lakshme Gowda and another v. the State of Karnataka and others: NC: 2025: KHC: 4237. 3. The appellants had filed the aforementioned petition, inter alia, impugning a Notification dated 14.10.2008 bearing No.CoE/116.Buswaha/2008 issued under Section 6(1) of the Land Acquisition Act, 1894 [the LA Act] insofar as it is related to acquisition of the land owned by the appellants [land measuring 22 Guntas, 11 Guntas in respect of each of the appellants, in - 4 - HC-KAR NC: 2025:KHC:29533-DB WA No. 424 of 2025 Sy.No.1/2B of Chikkahonnenahalli Village, Hassan Taluk and District]. It is the appellants' case that they had built a residential house on the said land and are residing in the said house. Therefore, the subject land ought to have been released from acquisition. The appellants also claim that they are in physical possession of the subject land and have not received any compensation. On the aforesaid premises, it is prayed that the acquisition ought to be deemed to have lapsed. 4. Additionally, the learned counsel appearing for the appellants submits that as various lands falling within the immediate vicinity covered under the same notification, were released by the respondents under Section 48 of the LA Act, the subject land ought to be released from acquisition as well. 5. The learned Single Judge had examined the challenge, as raised by the appellants-petitioners, and noted that the Preliminary Notification under Section 4 of the LA Act was issued on 06.09.2007, setting out the intention of the respondents to acquire 9 Acres and 36 Guntas of land in various survey numbers located In Satyamangala and Chikkahonnenahalli villages, Kasaba Hobli, - 5 - HC-KAR NC: 2025:KHC:29533-DB WA No. 424 of 2025 Hassan. The same also included the subject land belonging to the appellants. Thereafter, on 14.10.2008, notice was issued under Section 6(1) of the LA Act. The appellants had represented against the acquisition to respondent No.1. It is stated that certain other persons had also made representations pursuant to which, on 01.02.2010, respondent No.1 issued Notification under Section 48(1) of the LA Act de-notifying certain lands. The said notification did not include the subject land belonging to the appellants. Thereafter, on 31.05.2010, Notification under Section 16 (2) of the LA Act was issued. The process of acquisition was completed. 6. It is the respondents' case that the land was acquired for the purpose of construction of a veterinary college and the acquisition of the subject land is necessary for the public purpose. The award under the LA Act was passed on 28.10.2009, whereby the compensation of `3,00,685/- was determined in respect of each of the appellants. It is also stated that the amount has been deposited. 7. It is settled law that once acquisition is complete, the erstwhile owner loses all right, title and interest in the acquired - 6 - HC-KAR NC: 2025:KHC:29533-DB WA No. 424 of 2025 property. It is not permissible to set aside the acquisition, except in accordance with the provisions of the Act. 8. The contention that the acquisition has lapsed is also unmerited. The said issue is squarely covered by a decision of the Constitution Bench in the Supreme Court in Indore Development Authority v. Manoharlal and others: (2020) 8 SCC 129. 9. In view of the above, we find no infirmity with the decision of the learned Single Judge. 10. The appeal is, accordingly, dismissed. 11. Pending application also stands disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE AHB, List No.: 1 Sl No.: 28