- 1 - HC-KAR NC: 2025:KHC:18640 MSA No. 72 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH MISCELLANEOUS SECOND APPEAL NO.72 OF 2023 (LA) BETWEEN: 1. SHIVALINGASWAMY S/O BASAPPA AGED ABOUT 59 YEARS R/O CHANNAPURA VILLAGE HALEKOTE HOBLI HOLENARASIPURA TALUK HASSAN DISTRICT-573 201. …APPELLANT (BY SRI. GIRISH B. BALADARE, ADVOCATE) AND: 1. SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PROJECT (HNP) HASSAN-573 201. 2. CHIEF ENGINEER KAVERI NEERAVARI RIVER PROJECT GORUR HASSAN DISTRICT. …RESPONDENTS (VIDE ORDER DATED 03.06.2025 SRI. PRASHANTH B.R., ADVOCATE TAKE NOTICE FOR R2) THIS MSA IS FILED UNDER SECTION 54(2) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND DECREE DATED 12.09.2018 PASSED IN LAC APPEAL NO.179/2016 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, HASSAN, Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18640 MSA No. 72 of 2023 ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND AWARD DATED 25.02.2012 PASSED IN LAC NO.137/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, HOLENARASIPURA, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SECTION 18(1) OF LAND ACQUISITION ACT. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT 1. Heard both the learned counsel for respective parties. The counsel submits that in view of the order passed by this Court in M.S.A.No.68/2023 dated 19.12.2024 wherein this Court allowed the appeal and set- aside the order passed by the reference Court and remanded the matter to the reference Court for fresh disposal in accordance with law and also direction was given to 2nd respondent to be made as a party in the reference Court and also given liberty to both parties to adduce evidence in further if they are so advised, either oral, documentary or both. - 3 - HC-KAR NC: 2025:KHC:18640 MSA No. 72 of 2023 2. Both the counsel for respective parties submits that in view of the order passed by this Court, this matter may be remanded to the reference Court for fresh disposal. Hence, this M.S.A is allowed setting aside the order passed in LAC No.179/2016 and also order passed in LAC No.137/2011 dated 12.09.2018 and 25.02.2012 as observed in M.S.A.No.68/2023 and matter is remanded to the reference Court for fresh disposal in accordance with law and similar relief also granted to array the 2nd respondent as party and give an opportunity to both the parties to adduce evidence and decide the matter afresh as observed in M.S.A.No.68/2023. 3. The reference Court shall decide the case and pass appropriate order within six months from 30.06.2025. 4. The parties shall appear before the reference Court on 30.06.2025. The parties shall not expect any notice from the reference Court and this order itself is a - 4 - HC-KAR NC: 2025:KHC:18640 MSA No. 72 of 2023 notice to the respective parties to appear before the reference Court without fail on 30.06.2025. 5. All contention of the parties are kept open. 6. The Court fee paid by the claimant in this appeal shall be refunded to the claimant with proper identification. Sd/- (H.P.SANDESH) JUDGE RHS List No.: 1 Sl No.: 18