- 1 - NC: 2025:KHC:1267 WP No. 11873 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 11873 OF 2022 (LA-RES) BETWEEN: H.RAJANNA S/O LATE HANUMANTHAIAH AGED ABOUT 45 YEARS R/O 6TH WARD DIBBUR TUMAKURU TOWN - 572 101. …PETITIONER (BY SRI. S V PRAKASH.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING DR AMBEDKAR VEEDHI BENGALURU - 560 001. 2. THE DPEUTY COMMISSIONER TUMAKURU DISTRICT MINI VIDHANA SOUDHA TUMAKURU CITY - 572 105. 3. THE REGIONAL COMMISSIONER REVENUE DEPARTMENT BENGALURU DIVISION 2ND FLOOR, BMTC BUILDING K H ROAD, SHANTHINAGAR BENGALURU - 560 027. 4. THE SPECIAL LAND ACQUISITION OFFICER TUMAKURU RAYADURGA AND TUMAKURU Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:1267 WP No. 11873 of 2022 DAVANAGERE RAILWAY PROJECT 1ST FLOOR, VAHAB COMPOUND OPPOSITE TO ZILLA PANCHAYATH OFFICE TUMAKURU CITY - 572 105. 5. THE GENERAL MANAGER SOUTH -WESTERN RAILWAYS KESHAVAPURA HUBBALI - 580 023. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 TO R4; SRI. M.N. KUMAR, CGSC FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE AWARD NOTICE DATED 22.02.2022 ISSUED BY THE FOURTH RESPONDENT UNDER PROVISIONS OF REPEALED LAND ACQUISITION ACT,1894 IN No.J¸ï.J¯ï.J.N.J¸ï.Dgï. (vÀÄ.gÁ gÉʯÉé)07/2011-12 PRODUCED AS ANNEXURE-K. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner is before this Court being aggrieved by the in- action on the part of the respondent -authorities in granting the compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act, 2013 for short), despite the petitioner submitting a representation in furtherance to the - 3 - NC: 2025:KHC:1267 WP No. 11873 of 2022 earlier order dated 13.06.2019 passed by this Court in W.P.Nos.1471 and 25159/2017. 2. Case of the petitioner is that land in Sy.No.3 of Dibbur village, Kasaba Hobli, Tumakuru Taluk, measuring 1 acres 18 guntas was acquired by the respondent -authorities for construction of Tumakuru- Rayadurga New Broad-Gauge Railway project in terms of notification issued in the year 2011- 2012. 3. That the petitioner along with one Shivaramaiah had approached this Court for direction directing the respondent -authorities to pay compensation in terms of the provisions of Act, 2013 in W.P.No.1471 & 25159/2017. This Court by order dated 13.06.2019 disposed of the writ petition reserving liberty to the petitioner to make a representation and directing the respondent -authorities to re-consider the same as per the earlier order of this Court passed in W.P.23535- 23537/2014 and W.P.No.26802-26807/2014 disposed of on 27.01.2016. - 4 - NC: 2025:KHC:1267 WP No. 11873 of 2022 4. Thereafter, the respondent -authorities issued award notice dated 26.10.2021 as per Annexure-H to the petitioner determining the compensation in respect of 1 acres 4 guntas of land in terms of the provisions of the Act, 2013. However, the very same respondent in respect of land to an extent of 8¼ guntas have granted compensation under the old Act (Land Acquisition Act, 1894) without assigning any reason whatsoever. Hence, the petition. 5. Learned counsel for the respondent -authorities fairly submits that given some time, representation of the petitioner would be re-considered in respect of the aforesaid 8¼ guntas of land, as to if petitioner is entitled for compensation under Act, 2013. 6. Submission is taken on record. 7. In that view of the matter, following; ORDER (1) Petition is disposed of. (2) Respondent -authorities shall consider the representation of the petitioner dated - 5 - NC: 2025:KHC:1267 WP No. 11873 of 2022 30.09.2019, if the petitioner is entitled for compensation under the Act, 2013 even in respect of the aforesaid extent of 8¼ guntas of land as earlier granted in respect of 1 acre 4 guntas of land in Sy.No.3 of Dibbur village, Kasaba Hobli, Tumakuru Taluk. (3) Such order shall be passed within an outer limit of twelve (12) weeks from the date of receipt of certified copy of this order and communicate the same to the petitioner in writing. SD/- (M.G.S. KAMAL) JUDGE RU, List No.: 1 Sl No.: 45