IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.18096 OF 2024 (LA-RES)

BETWEEN:

A.B. PRABHAKAR S/O A. BORAPPA, AGED ABOUT 68 YEARS, R/O SARJAPURA ROAD, IBBALUR VILLAGE, 3^RD CROSS, MINAJES COTTAGE, NO.145/1, BENGALURU-560102.

PRESENTLY RESIDING AT NO.6^TH CASKEY SREET, WOODWILL NORTH, SOUTH AUSTRALIA 5012, AUSTRALIA. …PETITIONER (BY SRI K.C. SUDARSHAN, ADVOCATE)

AND:

1. SPECIAL LAND ACQUISITION OFFICER, Digitally signed by MAHALAKSHMI B M UPPER THUNGA PROJECT, SHIVAMOGGA, Location: HIGH COURT OF DISTRICT SHIVAMOGGA-577201.

KARNATAKA

2. THE EXECUTIVE ENGINEER, UPPER THUNGA PROJECT, SHIVAMOGGA, DISTRICT, SHIVAMOGGA-577201. …RESPONDENTS (BY SRI HARISHA A.S. AGA FOR R-1;

SRI PRASHANTH B.R., ADVOCATE FOR R-2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE COMPROMISE RECORDED ON 13.03.2015 BY THE PRINCIPAL CIVIL JUDGE (Sr.Dvn.) AND CJM AT SHIVAMOGGA IN EXECUTION CASE NO.59/2011 BY WHICH THE PETITION FILED BY THE PETITIONER IS CLOSED A CERTIFIED COPY OF THE ENTIRE ORDER SHEET IS HEREBY PRODUCED AS ANNEXURE-D AND ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL ORDER

The petitioner is seeking for the following reliefs:

“a) ISSUE Writ of Certiorari or any other writ, direction, or order in the nature to quash the Compromise recorded on 13/03/2015 by the Principal Civil Judge (Sr.Dvn.) & CJM At: Shivamogga in Execution Case No.59/2011 by which the petition filed by the petitioner is closed. A certified copy of the entire Order sheet is hereby produced as Annexure-D;

b) Permit the Petitioner to avail all legal remedies available under Law including filing necessary appeal seeking enhancement of Compensation against the Judgment and Award passed in LAC 111/2004 dated 23/10/2010 passed by the Court of Principal Civil Judge (Sr.Dvn.) at Shivamogga at Annexure-A.

c) GRANT any other or further relief/s which are deemed fit in the facts and circumstances of the case and in the interest of justice and equity.”

2. Heard Sri K. C. Sudarshan, learned counsel for the petitioner, Sri Harisha A.S., learned Additional Government Advocate for respondent No.1 and Sri Prashanth B.R, learned counsel for respondent No.2.

Brief facts of the case:

3. The petitioner was the absolute owner of the land bearing Sy.No.50, measuring 1 acre 37 guntas and Sy.No.62, measuring 4 acres 25 guntas in total, measuring 6 acres 22 guntas situated at Gadikoppa village, Kasba hobli, Shivamogga Taluk and District (‘petition property’ for short). The said land was acquired by respondent No.2 for Upper Thunga Project by issuing preliminary notification dated 21.12.2000, followed by the final notification. The petitioner received compensation under protest and sought reference under Section 18 of the Land Acquisition Act, 1894 (‘Act’ for short) for enhancement of compensation. The reference was registered as LAC.No.111/2004, in which the Civil Court determined the compensation of `47/- per sq. ft by order dated 23.10.2010. Subsequently, the petitioner filed E.P.No.59/2011. During the pendency of the execution, the matter was referred to the Lok Adalat, where, after discussions, a joint memo was filed and accepted, and the execution petition was closed in terms of the settlement. 4. Learned counsel for the petitioner contends that the compromise recorded before the Lok Adalat on 13.03.2015 was not entered into with his free consent. It is submitted that the petitioner was not personally present before the Lok Adalat or the Court on that date. Hence, the compromise and closure of the execution petition are vitiated and unsustainable in law.

5. Per contra, learned counsel for the respondents in support of statement of objections submits that the settlement before the Lok Adalat was entered into by the petitioner’s counsel in the presence of the counsel