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2026 Supreme(Online)(Kar) 10856
THE HIGH COURT OF KARNATAKA
D K Singh, T.M.Nadaf, JJ
Hanumantha Rao Gaikwad – Appellant
Versus
State Of Karnataka – Respondent
WRIT APPEAL NO. 1349 OF 2025
For the Appellants/Petitioners: Bharat S Rao
For the Respondents: M.N. Sudev Hegde
Important Points
Subject
Civil Law - Land Acquisition
Act Referred
Headnote
Facts of the case:
The appellants challenged the dismissal of their writ petition regarding their claim for land compensation for properties allegedly inherited from their father. The government maintained that the land was duly acquired between 1942-1946, compensation was paid, and the land has been in public use for over 70 years. The petitioners argued that no records were provided, invoking recent rulings on involuntary expropriation.
Findings of Court:
The Court confirmed that the Assistant Commissioner's order was based on verified historical records. It rejected the plea of ignorance, noting the blatant evidence of long-standing public infrastructure on the subject land for over seven decades, and ruled the petition was barred by gross delay and laches.
Issues: Whether the court should direct the production of 75-year-old acquisition documents and whether the claim for compensation filed after 77 years is maintainable.
Ratio Decidendi: Acquisition proceedings cannot be reopened at the mere whim of petitioners after an unexplained delay of 75+ years, especially when the subject property has been openly and continuously utilized for public purposes with established documentation of prior compensation.
Result: Appeal dismissed.
| Table of Content |
|---|
| 1. procedural history of land acquisition claims and prior judicial directions. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments concerning the duty of the state to produce ancient acquisition records and the impact of delay/laches. (Para 7 , 8 , 9) |
| 3. evaluation of evidence regarding long-term public use of land versus individual claims of ignorance. (Para 10 , 11 , 12 , 13 , 14 , 17) |
| 4. final determination on the non-maintainability of tardy claims and dismissal of the appeal. (Para 15 , 16 , 18) |
BETWEEN:
1. SRI HANUMANTHA RAO GAIKWAD,
S/O. PANDURANGA GAIKWAD,
AGED ABOUT 67 YEARS,
RESIDING AT:
SRI GULLAMMA TEMPLE BEEDHI,
RANGAPPA CIRCLE,
BHADRAVATHI,
SHIVAMOGGA DISTRICT - 577 301.
2. SRI. RAMACHANDRA RAO GAIKWAD,
S/O. PANDURANGA GAIKWAD,
AGED ABOUT 64 YEARS,
RESIDING AT:
SRI GULLAMMA TEMPLE BEEDHI,
RANGAPPA CIRCLE,
BHADRAVATHI,
SHIVAMOGGA DISTRICT - 577 301.
3. SRI. DAULATH RAO GAIKWAD
S/O. PANDURANGA GAIKWAD,
AGED ABOUT 60 YEARS,
RESIDING AT:
SRI GULLAMMA TEMPLE BEEDHI,
RANGAPPA CIRCLE,
BHADRAVATHI,
SHIVAMOGGA DISTRICT - 577 301.
4. SMT. RATNABAI PAWAR,
D/O. PANDURANGA GAIKWAD,
AGED ABOUT 74 YEARS,
RESIDING AT:
SRI GULLAMMA TEMPLE BEEDHI,
RANGAPPA CIRCLE,
BHADRAVATHI,
SHIVAMOGGA DISTRICT - 577 301.
5. SMT. JIJABAI KADAM
D/O. PANDURANGA GAIKWAD,
AGED ABOUT 62 YEARS,
RESIDING AT:
SRI GULLAMMA TEMPLE BEEDHI,
RANGAPPA CIRCLE,
BHADRAVATHI,
SHIVAMOGGA DISTRICT - 577 301.
…APPELLANTS
(BY SRI. BHARAT S RAO., ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REPRESENTED BY
ITS PRINCIPAL SECRETARY
TO REVENUE DEPARTMENT,
M.S. BUILDING,
BANGALORE - 560 001.
2. THE DEPUTY COMMISSIONER,
SHIVAMOGGA DISTRICT,
SHIVAMOGGA - 577 201.
3. SUPERINTENDENT OF POLICE,
OPP: MCGANN HOSPITAL,
SAGAR ROAD,
SHIVAMOGGA - 577 201.
4. CHIEF EXECUTIVE OFFICER,
ZILLA PANCHAYATH,
KUVEMPU ROAD,
SHIVAMOGGA - 577 201.
5. EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT,
BALRAJ URS ROAD,
SHIVAMOGGA - 577 201.
6. DEPUTY DIRECTOR OF FISHERIES,
CHENNAGIRI ROAD,
RANGAPPA CIRCLE,
BHADRAVATHI - 577 301.
(NO DIRECT RELIEF IS CLAIMED
AGAINST R3 TO R6)
…RESPONDENTS
(BY SRI. M.N. SUDEV HEGDE, AGA FOR
R1, R2, R3 AND R5, R6)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED:20.02.2025 IN W.P.NO.18492/2024 PASSED BY THE LEARNED SINGLE JUDGE AND CONSEQUENTLY ALLOW THE WRIT PETITION FILED BY THE PETITIONER AS PRAYED FOR AND ETC.
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 T.M.NADAF
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE T.M.NADAF)
This intra Court appeal is filed under Section 4 of Karnataka High Court Act, 1961 by the unsuccessful petitioners, challenging the order dated 20.02.2025 passed by the writ Court in WP.No.18492/2024, whereby the writ Court dismissed the writ petition.
2. The parties are referred to as per their ranking before the Writ Court.
3. It is the case of the petitioners that land in Sy.No.214/21A1 measuring 3 acres and 23 guntas and land in Sy.No.214/1/B measuring 11 guntas situated at Bhadravathi, Kasaba Hobli, Shivamogga District are belonging to their father and the same has been purchased by him under the Sale Deed for valuable consideration.
4. During the year 2005-2006, the petitioners gained knowledge that the Government offices and Courts are functioning in the buildings that have been constructed on the land belonged to his family i.e., in the aforesaid survey numbers. On further investigation, the petitioners learnt that the said lands were purportedly acquired and compensation said to have been paid to the father of the appellants in the year 1943. However, in the Gazette notification vide Annexure-E dated 16.03.1948, the name of the father of the appellants, i.e., Panduranga Gaikwad is shown as Kathedar. In the year 2015, the petitioners approached this Court in WP.No.47624/2025 seeking a direction to the respondent-authority to initiate acquisition proceedings in respect of
