IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 15^TH DAY OF JANUARY 2021

BEFORE

THE HON’BLE MR. JUSTICE ASHOK S. KINAGI

WRIT PETITION No.82639 OF 2013 (LA-RES)

BETWEEN

1 . KALLAPPA S/O BHAIMAPPA JIRALI,

AGE: 39 YEARS, OCC: AGRICULTURE,

2 . KANDUBA , S/O MARUTI CHAVAN,

AGE: 43 YEARS, OCC: AGRICULTURE,

3 . NAMDEV, S/O KHANDUBA CHAVAN,

AGE: 55 YEARS, OCC: AGRICULTURE,

4 . DEEPAK, S/O NAMDEV CHAVAN,

AGE: 46 YEARS, OCC: AGRICULTURE,

5 . KASHINATH, S/O PANDU SHINDHE

AGE: 49 YEARS, OCC: AGRICULTURE,.

6 . TUKARAM , S/O GUNDU JADAHV

AGE: 61 YEARS, OCC: AGRICULTURE,

7 . SAKHARAM, S/O GUNDU JADHAV

AGE: 54 YEARS, OCC: AGRICULTURE,

8 . KRISHNAJI, S/O GUNDU JADHAV

AGE: 63 YEARS, OCC: AGRICULTURE,

2

9 . SHANKAR, S/O GOVIND JADHAV

AGE: 42 YEARS, OCC: AGRICULTURE,

ALL ARE R/O: KANNOLLI,

TQ: JAMAKHANDI, DIST: BAGALKOT.

...PETITIONERS

(BY SRI.N L BATAKURKI, ADV.)

AND

1 . THE SPECIAL LAND ACQUISITION OFFICER

HIPPARAGI PROJECT, ATHANI,

TQ: ATHANI, DIST: BELGAUM.

2 . THE SPECIAL DEPUTY COMMISSIONER

(LAND ACQUISITION R and R)

MAJOR IRRIGATION SCHEMES,

BELGAUM TQ and DIST: BELGAUM.

3 . SECRETARY (MINOR IRRIGATION DEPARTMENT)

GOVERNEMT OF KARNATAKA,

VIDHANSOUDH, BANGALORE.

4 . REVENUE SECRETARY

GOVERNEMT OF KARNATAKA,

VIDHANSOUDH, BANGALORE.

…RESPONDENTS

(BY SRI.V.S.KALASURMATH, HCGP)

THIS PETITION IS FILED UNDER ARTICLE 226 AND 227 OF

CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION

ISSUED BY RESPONDENT UNDER SECTION 4(1) OF LA ACT DATED

10.05.2010 AND NOTIFICATION UNDER SECTION 6(1) OF LA ACT

AND GRANT INTERIM ORDER STAYING ALL FURHTER PROCEEDINGS

AND ACTION PURSUANT TO THE IMPUGNED NOTIFICATION ISSUED

BY RESPONDENT No.1 UNDERR SECTION 4(1) OF LA ACT DATED

10.05.2010 VIDE ANNEXURE-A AND NOTIFICATION UNDER SECTION

6(1) OF LA ACT DATED 08.09.2011 VIDE ANNEXURE-B.

THIS PETITION COMING ON FOR PRELIMINAY HEAING-B

GROUP , THIS DAY, THE COURT MADE THE FOLLOWING:

3

ORDER

Learned counsel for the petitioners submits that writ

petition has become infructuous since respondents have

already constructed a canal.

2.

The said submission is placed on record.

3.

In view of construction of canal, writ petition is

dismissed as having become infructuous.

Sd/-

JUDGE

HMB