- 1 - HC-KAR NC: 2026:KHC-D:1889 WP No. 100952 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.100952 OF 2026 (GM-CPC) BETWEEN: ASHOK S/O. SAKALACHAND OSWAL, AGED. 60 YEARS, OCC. AGRICULTURE, R/O. MAHALINGPUR, TQ. RABKAVI-BANAHATTI, DIST. BAGALKOT-587 312. …PETITIONER (BY SRI. GIRISH A.YADAWAD, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER AND ASSISTANT, COMMISSIONER, JAMKHANDI, TQ. JAMKHANDI, DIST. BAGALKOT-587 301. 2. THE STATE OF KARNATAKA, REPRESENTED BY DEPUTY COMMISSIONER, BAGALKOT, DIST. BAGALKOT-587 101. …RESPONDENTS (BY SMT. GIRIJA S.HIREMATH, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER DATED 12.01.2026 PASSED BY I ADDL. DISTRICT & SESSIONS JUDGE, BAGALKOT TO SIT AT JAMKHANDI VIDE ANNEXURE-E AND ALLOW THE APPLICATION DATED 17.12.2025 FILED BY THE PETITIONER IN LAC NO.5781/2021 VIDE ANNEXURE-C AND ETC.,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2026.02.12 10:48:33 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1889 WP No. 100952 of 2026 ORAL ORDER Aggrieved by the order passed on the application filed under Section 151 of CPC, dated 12.01.2026 in LAC No.5781/2021 by the I Addl. District and Sessions Judge, Bagalkot to sit at Jamkhandi, the claimant is before this Court. 2. The claimant had filed an application dated 17.12.2025 under Section 151 of CPC in LAC No.5781/2021 seeking for release of the deposited amount of Rs.1,39,65,833/- in favour of the claimant, on the ground that there was no appeal or stay order pending against the judgment and award passed in the case. The AGP for respondent opposed the application by filing written objections, contending that LAO had filed an appeal challenging the judgment and award passed in the case under MFA (FR) No.100141/2026 and the claimant also filed an appeal in MFA No.103320/2024 before the High Court of Karnataka, Dharwad Bench and both appeals are pending. The reference Court had observed that under these circumstances, the amount deposited is a huge amount of Rs.1,39,65,833/- - 3 - HC-KAR NC: 2026:KHC-D:1889 WP No. 100952 of 2026 and if the amount is released in favour of the claimant and if the judgment and award of the Court is set-aside or reversed by the High Court, it will become very difficult to recover the amount and accordingly dismissed the application. 3. Learned counsel appearing for the petitioner/claimant submits that the LAO had granted the compensation at Rs.1,60,02,046/- in respect of the acquired land of the petitioner. Seeking enhancement of the same, a reference was made under Section 64(1) and 2 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and an order was passed by the reference Court, whereby the compensation which is fixed at Rs.3,00,000/- per acre is enhanced to Rs.24,32,000/- per acre. Aggrieved by the same, two appeals are filed i.e., both by the claimant as well by the government referred supra. 4. It is the contention of the learned counsel for the petitioner that as far as the market value that is fixed by the LAO for the entire extent is Rs.1,60,02,046/- i.e., Rs.3,00,000/- per acre is concerned, it cannot be a disputed - 4 - HC-KAR NC: 2026:KHC-D:1889 WP No. 100952 of 2026 amount. The application was only seeking withdrawal of the said amount. The reference Court without considering all these aspects, only on the ground that the appeals are pending before the High Court, had rejected the request of the petitioner. 5. Learned HCGP appearing for the respondents submits that when the appeals are pending, if the Court grants permission to withdraw the deposited amount, it would be very difficult for the respondents to recover the amount and hence, the reference Court had rightly rejected the application. 6. Having heard the learned counsels on either side,perused the material on record. It is undisputed fact that the LAO had fixed the market value of the acquired land of the petitioner at Rs.3,00,000/- per acre and granted the compensation of Rs.1,60,02,046/- in respect of the acquired land of the petitioner. At any stretch of imagination, this Court is not able to understand the contention as raised before this Court on behalf of the respondents and also the finding of the reference Court that if the petitioner is permitted to withdraw - 5 - HC-KAR NC: 2026:KHC-D:1889 WP No. 100952 of 2026 the deposited amount, and in case any order of the reference Court is set aside, it is difficult for the respondents to recover the amount. In fact, the LAO had deposited an amount of Rs.1,39,65,833/- out of Rs.1,60,02,246/-, which is not at all the disputed amount and any outcome in the pending MFAs referred supra would not have any impact, if the petitioner is permitted to withdraw the amount. 7. In that view of the matter, this Court proceeds to pass the following: ORDER i) The writ petition is allowed by setting aside the order dated 12.01.2026 passed on the application in LAC No.5781/2021 by the I Addl. District and Sessions Judge, Bagalkot, sitting at Jamkhandi; ii) Consequently, the application dated 17.12.2025 filed under Section 151 of CPC by the petitioner seeking for withdrawal of the deposited amount is hereby allowed. - 6 - HC-KAR NC: 2026:KHC-D:1889 WP No. 100952 of 2026 iii) The petitioner is permitted to withdraw the deposited amount before the reference Court on proper identification. iv) All I.A.s in this petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI JTR CT: UMD List No.: 1 Sl No.: 76