Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC-D:2152 WP No. 106859 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 106859 OF 2025 (LA-RES)
BETWEEN:
1.
SIDRAMAPPAGOUD S/O. SHIVANGOUD PATIL AGE. 63 YEARS, OCC. AGRICULTURE, R/O. SORKOPPA, KALDAGI HOBLI, TQ. BAGALKOT, DIST. BAGALKOT-587204.
2.
YALLANGOUD S/O. SHIVANGOUD PATIL AGE. 63 YEARS, OCC. AGRICULTURE, R/O. SORKOPPA, KALDAGI HOBLI, TQ. BAGALKOT, DIST. BAGALKOT-587204.
3.
NEELAMBIKA S/O. CHANNABASAPPAGOUD PATIL AGE. 67 YEARS, OCC. AGRICULTURE, R/O. SORKOPPA, KALDAGI HOBLI, TQ. BAGALKOT, DIST. BAGALKOT-587204. …PETITIONERS (BY SRI. JAGDISH PATIL, ADVOCATE)
AND:
1.
THE SLAO UPPER KRISHNA PROJECT, NAVANAGAR, DIST. BAGALKOT-587101.
2.
THE SPECIAL DEPUTY COMMISSIONER UPPER KRISHNA PROJECT, DIST. 587101. …RESPONDENTS (BY SRI. PRAVEEN K.UPPAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 12/03/2025 VIDE ANNEXURE-K AND TO PASS AN ADDITIONAL AWARD BY CONSIDERING THE HOUSE AND COW-SHED ATTACHED TO THE LAND IN QUESTION, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.
MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.18 10:31:24 +0530
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HC-KAR NC: 2026:KHC-D:2152 WP No. 106859 of 2025
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
ORAL ORDER
The petitioners have filed this writ petition seeking a writ of mandamus directing the respondent-the Special Land Acquisition Officer to consider their representation for passing an additional award by including the house and cow-shed situated on the acquired land, which were allegedly omitted in the award dated 24.07.2019.
Brief facts:
2. Land in R.S. No.29/3 of Honaralli Village was partially acquired for the Upper Krishna Project and an award came to be passed on 24.07.2019. According to the petitioners, though a residential house and a cow-shed were in existence on the land at the time of survey and inspection, the award considered only the land and trees. The petitioners have relied upon the Joint Measurement Committee (JMC) report dated 30.10.2018 (Annexure-F), which according to them indicates the existence of the said
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HC-KAR NC: 2026:KHC-D:2152 WP No. 106859 of 2025
structures. Despite representations, including the latest dated 12.03.2025, no additional award was passed, thereby compelling the petitioners to approach this Court.
3.
Learned counsel for the petitioners contends that the house and the cow-shed were in existence prior to the passing of the award. The JMC report dated 30.10.2018 reflects the presence of the said structures. Non-inclusion of the structures in the said award deprives the petitioners of their lawful compensation. It is contended that the respondents have failed to consider the petitioners’ representation seeking an additional award.
4. Per contra, learned AGA for the respondents contends that the award was passed based on the available records and survey at the relevant point of time. However, it is stated that if the petitioners had made a representation relying upon the JMC report, the same may be considered in accordance with law.
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HC-KAR NC: 2026:KHC-D:2152 WP No. 106859 of 2025
5. This Court has carefully considered the rival
contentions and perused the material on record.
6. It is evident that the petitioners have made a representation seeking consideration of the JMC report dated 30.10.2018 for the purpose of passing an additional award. Since the grievance of the petitioners is primarily with regard to non-consideration of the representation, this Court deem it appropriate to direct respondent No.1 to consider the representation and pass appropriate orders in accordance with law within a time-bound manner. Accordingly, this Court pass the following:
ORDER i. The writ petition is allowed. ii. A writ of mandamus is issued directing respondent No.1 to consider the petitioners’ representation seeking additional award as per the JMC report at Annexure-F dated 30.10.2018
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HC-KAR NC: 2026:KHC-D:2152 WP No. 106859 of 2025
and pass appropriate orders in accordance with law. iii. The said exercise shall be completed within six [6] weeks from the date of receipt of the copy of this order.
Sd/- JUSTICE K.S.HEMALEKHA
MBM Ct:VH List No.: 1 Sl No.: 74