- 1 - NC: 2025:KHC:7394 WP No. 4763 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 4763 OF 2025 (LA-RES) BETWEEN: 1. SRI.JAGADEESH H.S. S/O. SOMESHAIAH. S AGED ABOUT 33 YEARS 2. PRAVEEN KUMAR S/O SOMESHAIAH. S AGED ABOUT 32 YEARS BOTH ARE R/A HODALUR VILLAGE, KASABA HOBLI, GUBBI TALUK, TUMAKURU DISTRICT-572 216 …PETITIONERS (BY SRI. V B SIDDARAMAIAH, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER TUMAKURU DISTRICT, MINI VIDHANASOUDHA, DR. B. R. AMBEDKAR ROAD, TUMAKURU-572101. 2. THE SPECIAL LAND ACQUISITION OFFICER, HEMAVATHI CANAL ZONE, TUMAKURU - 572 104 3. THE EXECUTIVE ENGINEER HEMAVATHI CANAL ZONE, TUMAKURU - 572 104 …RESPONDENTS (BY SRI.SPOORTHY HEGDE.N, HCGP FOR R1, R2 & R3) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7394 WP No. 4763 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED. 12.11.2024, BEARING NO. SLAO/SR.(GU-BIKKEGUDDA)10/2020-21/271, ISSUED BY THE 2ND RESPONDENT, THE SPECIAL LAND ACQUISITION OFFICER, HEMAVATHI PROJECT, GUBBI TALUK, TUMAKURU-572104, VIDE ANNEXURE-B, WITH RESPECT TO REJECTING THE REQUEST OF THE PETITIONER FOR REFERENCE TO THE DISTRICT COURT FOR ENHANCEMENT OF COMPENSATION OF SY.NO.96/3, MEASURING 04 GUNTAS, SITUATED AT HODALURU VILLAGE, KASABA HOBLI, GUBBI TALUK AND TUMAKURU DISTRICT AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER The petitioners are before this Court being aggrieved by the endorsement dated 12.11.2024 issued by the respondent- SLAO, by which the application filed by the petitioner under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, was rejected on the ground of there being a delay of 182 days in filing the same. 2. The case of the petitioner is that aggrieved by the award that was passed by the respondent-SLAO, the petitioners have preferred an application under Section 64 of the said Act for a re-determination of the compensation. There was a delay - 3 - NC: 2025:KHC:7394 WP No. 4763 of 2025 of 182 days in filing said application. However, the petitioners had filed an application for condonation of delay, without adverting the said application, the respondent authority has rejected the said application. Hence, the petition. 3. Learned counsel for the petitioners refers to the order dated 21.10.2024 passed by the co-ordinate Bench of this Court in WP No.25237/2024 whereby, under similar facts situation this Court, while quashing an endorsement issued by the respondent-SLAO therein, directed him to compute the compensation. 4. Learned counsel for the petitioners submits that a direction may be issued on similar lines, directing the respondent authority to consider the application for delay, thereafter, to pass the award. 5. Learned AGA submits that the respondent authority would consider the reasons for condoning the delay and thereafter pass the appropriate order. 6. Submissions taken on record. 7. Accordingly, the following. - 4 - NC: 2025:KHC:7394 WP No. 4763 of 2025 ORDER (i) Writ petition is allowed. (ii) Impugned endorsement dated 12.11.2024 produced at Annexure-B passed by 2nd respondent-SLAO is hereby quashed. (iii) The respondent-SLAO shall consider the application for condonation of delay keeping in mind the discretionary power vested in him under the statute and pass an appropriate order in accordance with law, within an outer limit of three months from the date of receipt of certified copy of this order. Sd/- (M.G.S. KAMAL) JUDGE ASN List No.: 1 Sl No.: 18