The Karnataka High Court at Dharwad has quashed a communication seeking to shift a sanctioned irrigation project from Ibrahimpur village to Nagalapur in Ballari district, holding that an already approved government project cannot be abandoned, shifted or stalled merely because there has been a change in the political executive.
Justice Sachin Shankar Magadum passed the order on August 31, 2026, while deciding three connected writ petitions concerning irrigation facilities for farmers of Ibrahimpur and Mannur villages.
Background of the Case
The project was conceived to provide irrigation facilities to farmers who did not have an assured source of water. After approval, the authorities conducted the tender process and issued work orders. The contractor in one petition challenged a September 8, 2023 communication seeking to shift the Ibrahimpur project to Nagalapur.
The State argued that the contractor had not been given possession of the site because of standing crops and the Model Code of Conduct during the 2023 Karnataka Assembly elections. It also relied on a subsequent government circular directing that certain unstarted works should not commence.
The Court noted, however, that the work order had been issued on November 15, 2022, several months before the Model Code of Conduct came into force on March 29, 2023.
Court's Observations
The High Court held that elected representatives may bring genuine local requirements to the Government's notice, but that authority does not extend to replacing the decision of competent officials after the statutory and tender processes have been completed.
"A change in political dispensation, by itself, cannot furnish a ground to obliterate or undo decisions already taken in accordance with law. Governmental schemes and developmental projects, particularly projects intended for the benefit of marginal farmers, cannot be treated as matters which can be abandoned, shifted or stalled merely because there has been a change in the political executive."
The Court also noted that trenches had been dug, a pipeline laid and a transformer installed at Ibrahimpur. It found no legally sustainable decision by the competent authority supporting the proposed shift.
Decision
The Court allowed W.P. No.105825/2024 and quashed the September 8, 2023 communication seeking to shift the project to Nagalapur. The authorities were directed to inspect the completed work, record it in departmental records and consider the contractor's bills within eight weeks.
The Court also allowed W.P. No.105789/2023, directed authorities to commence the Mannur irrigation project within the prescribed process, and disposed of W.P. No.105795/2023.
It further directed that irrigation facilities for Ibrahimpur be extended in accordance with law.
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