Karnataka High Court
WA/1786/2026 of STATE OF KARNATAKA Vs SRI B VENKATA REDDY, on 1 October 2026
2026:KHC:54691
CNR: KAHC010493962026 NC: 2026:KHC:54691-DB WA No. 1786 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF OCTOBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN WRIT APPEAL NO. 1786 OF 2026 (LA-RES) BETWEEN: 1. STATE
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN
WRIT APPEAL NO. 1786 OF 2026 (LA-RES)
BETWEEN:
1.
STATE OF KARNATAKA
THE UNDER SECRETARY TO GOVERNMENT,
DEPARTMENT OF REVENUE (LAND ACQUISITION 2), VIDHANA SOUDHA,
BENGALURU-560 001.
2.
THE ASSISTANT COMMISSIONER
AND LAND ACQUISITION OFFICER,
KOLAR TALUK, KOLAR,
KOLAR DISTRICT-563 101.
…APPELLANTS
(BY SRI.S.H.RAGHAVENDRA, AGA)
AND:
1.
SRI B VENKATA REDDY,
S/O LATE BYRAPPA,
AGED ABOUT 72 YEARS,
SRINIVASPURA TALUK,
R/AT NEAR SUBHASH ROAD,
SRINIVASPURA TOWN,
KOLAR DISTRICT-563 138.
2.
THE MANAGING DIRECTOR
KARNATAKA POWER TRANSMISSION CORPORATION
(KPTCL), KAVERI BHAVAN,
Digitally
signed by
MALA K N
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
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3.
THE CHIEF ENGINEER,
KARNATAKA POWER
TRANSMISSION CORPORATION (KPTCL),
ANAND RAO CIRCLE,
BENGALURU-560 009.
4.
THE EXECUTIVE ENGINEER
KARNATAKA POWER
TRANSMISSION CORPORATION (KPTCL),
B M ROAD, NEAR VINAY SABHANGANA,
KOLAR, KOLAR DISTRICT-563 101.
…RESPONDENTS
(BY SMT. PADMA S UTTUR, ADVOCATE AND
SRI. ASHOK N PATIL, ADVOCATES FOR R3 & R4; R1 & R2 ARE SERVED)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO A) CALL FOR RECORDS AND
B)ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER
DATED 11/12/2025 PASSED BY THE LEARNED SINGLE JUDGE
OF THIS HON’BLE COURT IN WP NO.21378/2024 AND C)PASS
SUCH OTHER ORDERS
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
AND
HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN
HC-KAR
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present intra Court appeal has been filed impugning the order dated 11.12.2025 passed by the Writ Court in W.P.No.21378/2024 filed by respondent No.1 challenging the preliminary and final Notification dated 03.09.2023 and 10.08.2023 respectively issued under Section 11 and 19 of the Right to Fair Compensation and Transparency in Land Acquisition (Rehabilitation and Resettlement) Act, 2013 (hereinafter referred to as Act, 2013 for short).
2. Respondent No.1 claiming to be the owner of the land in Sy.No.113 filed the Writ Petition 21378/2024 alleging that the name was not published when the Notification issued during the aforesaid Notifications and therefore, the land acquisition insofar the respondent No.1 petitioner is concerned in respect of Sy.No.113 would be illegal and liable to be quashed.
HC-KAR
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3. It was not in dispute that at the time of the preliminary and final Notification, the name of the respondent No.1/petitioner was not reflected in the Revenue Records. The award came to be passed on 05.02.2024 and an amount of Rs.22,14,071/- was determined as compensation for the land acquired in Sy.No.113, which is situated at Kolluru village, Kasaba Hobli, Srinivasapura Taluk, Kolar District.
4. The Land Acquisition Authorities would go by Revenue Records. As the name of respondent No.1 was not reflected in the Revenue Records on the date of preliminary Notification, respondent No.1/petitioner would not have the right to challenge the Notification on the ground that he was not notified. As the award has already been passed and if respondent No.1/petitioner has any title, he can slage the claim for the awarded sum before the Special Land Acquisition Officer.
HC-KAR
We are, therefore, of the view that the impugned order passed by the Single Judge is unsustainable and the same is liable to be set aside. Accordingly, the following:
ORDER
The Writ Appeal is allowed.
The Order dated 11.12.2025 passed by the Writ Court in W.P.No.21378/2024 is set aside.
Sd/- (D K SINGH) JUDGE
Sd/- (H.SHANTHI BHUSHAN) JUDGE
BVK List No.: 2 Sl No.: 8
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