- 1 - HC-KAR NC: 2026:KHC-D:122 WP No. 106847 of 2014 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 7TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 106847 OF 2014 (LA-RES) BETWEEN: SHRI. YALLAPPA ADOPTED S/O. AKHANDAPPA KIRESUR, AGE: 59 YEARS, OCC: AGRICULTURE, R/O. KERESUR VILLAGE, TQ AND DIST: BAGALKOT, R/BY GPA HOLDER SHRI. AYYAPPA S/O. LATE MUNIYAPPA MALAGAVI AGE: 50 YEARS, OCC: AGRICULTURE, R/O. KIRESUR VILLAGE, TQ AND DIST: BAGALKOT. …PETITIONER (BY SRI. JAGADISH PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIDHAN SOUDHA, BANGALORE. 2. THE COMMISSIONER LAND ACQUISITION (R AND R), UPPER KRISHNA PROJECT, NAVANAGAR, BAGALKOT. 3. THE GENERAL MANAGER UPPER KRISHNA PROJECT, NAVANAGAR, BAGALKOT. 4. THE SPL LAND ACQUISITION OFFICER UPPER KRISHNA PROJECT, BILAGI , DIST: BAGALKOT. …RESPONDENTS (BY SRI. PRAVEEN K.UPPAR, AGA FOR R1 TO R4) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Date: 2026.01.22 15:27:10 +0530 - 2 - HC-KAR NC: 2026:KHC-D:122 WP No. 106847 of 2014 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 07.03.2014 PASSED BY THE RESPONDENT NO.4 AT VIDE ANNEXURE-L SL. NUMBER CCC NO.3370/2013 AND ETC. 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 petitioner has approached this Court seeking to quash the endorsement dated 07.03.2014 issued by Respondent No.4 (Special Land Acquisition Officer, Upper Krishna Project), whereby the petitioner's claim for consideration of compensation in respect of the acquired land was rejected on the ground that the certified copies of the documents were not produced. Brief facts : 2. The petitioner claims ownership over land bearing Sy.Nos.33, 34, 38 and 39 of the Kiresur Village, Bagalakote District. It is a case of the petitioner that due to change in the course of river Krishna, alluvial soil was deposited, resulting in increase in the extent of the said - 3 - HC-KAR NC: 2026:KHC-D:122 WP No. 106847 of 2014 lands, which was granted in favour of the petitioner by the Tahasildar, Bilagi by order dated 09.10.1971. The said lands were subsequently acquired for the Upper Krishna Project under notification dated 25.05.1982. Though acquisition is not in dispute, no award came to be passed in respect of the petitioner's land on the ground that increased alluvial land was not reckoned. 3. The petitioner has been litigating since the year 2006. Earlier writ petition and the writ appeal culminated in liberty being reserved to the petitioner to pursue appropriate remedies. Thereafter, representations dated 24.07.2009 and 18.10.2010 were submitted. In W.P.No.61899 of 2011, this Court specifically directed the Land Acquisition Officer to consider the petitioner's representations after examining ownership after affording an opportunity. 4. As the said directions were not complied with, the petitioner was constrained to initiate contempt - 4 - HC-KAR NC: 2026:KHC-D:122 WP No. 106847 of 2014 proceedings, in which, repeated directions were issued to consider their representations. Ultimately by the impugned endorsement dated 07.03.2014, the Special Land Acquisition officer rejected the petitioner's claim on the ground that the certified copies of the documents were not furnished leading to the present writ petition. 5. Learned counsel for the petitioner contends that the impugned endorsement is a clear violation of the repeated directions issued by this Court which required the authority to consider the claim and ascertain the ownership and not summarily reject the claim on technical grounds. The acquisition of the petitioner's land is admitted and once the land is acquired the authority is under a statutory obligation to determine compensation. It is submitted that the authority could have called upon the petitioner to furnish certified copies, instead of rejecting the claim outright. - 5 - HC-KAR NC: 2026:KHC-D:122 WP No. 106847 of 2014 6. Per contra learned Additional Government Advocate for the respondents submits that the endorsement dated 07.03.2014 was issued after obtaining legal opinion from the Legal Cell of the Upper Krishna Project. Unless prima facie ownership is established through proper documents the Land Acquisition Officer cannot pass an award as the petitioner is seeking compensation of alluvial land. 7. This Court has carefully considered the contentions urged and perused the material on record. 8. The following aspects are not in dispute: i. The lands in question were required for Upper Krishna Project. ii. The representations of the petitioner were required to be considered pursuant to the specific judicial directions issued by this Court in earlier writ petition and contempt proceedings. - 6 - HC-KAR NC: 2026:KHC-D:122 WP No. 106847 of 2014 9. What is required to be examined is whether the impugned endorsement dated 07.03.2014 satisfied the mandate of the earlier orders of this Court. 10. A careful perusal of the record would indicate that this Court has repeatedly directed the Land Acquisition Officer to consider the petitioner's representations and pass appropriate orders in accordance with law, after affording an opportunity to the petitioner. The scope of such consideration was to examine the petitioner's claim, ascertain ownership and take a reasoned decision. 11. Instead of undertaking such an exercise, respondent No.4 has rejected the claim solely on the ground that the certified copies were not furnished. If the authority was of the view that the certified copies were necessary, nothing prevented it for calling upon the petitioner to furnish the same, particularly when the petitioner had appeared before the authority pursuant to the Court directions. - 7 - HC-KAR NC: 2026:KHC-D:122 WP No. 106847 of 2014 12. The impugned endorsement thus reflects a hyper-technical approach. 13. In view of that matter, the impugned endorsement is liable to be quashed and the matter to be remitted for fresh consideration. Accordingly, this Court pass the following: ORDER i. The writ petition is allowed in part. ii. The impugned endorsement dated 07.03.2014 issued by respondent No.4 (Annexure-L) is hereby quashed. iii. The matter is remitted back to respondent No.4 for fresh consideration strictly in accordance with law. iv. The petitioner shall appear before respondent No.4 on 28.01.2026 at 03:00 p.m. without awaiting any further notice. v. Respondent No.4 shall, after affording due opportunity of hearing to the petitioner, - 8 - HC-KAR NC: 2026:KHC-D:122 WP No. 106847 of 2014 pass appropriate orders in accordance with law within an outer limit of 3 months from the date of petitioner’s appearance. Sd/- JUSTICE K.S.HEMALEKHA EM Ct:VH List No.: 1 Sl No.: 43