- 1 - NC: 2025:KHC:14288 MSA No. 41 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS SECOND APPEAL NO. 41 OF 2022 (LA) BETWEEN: SRI.THAMMANNAGOWDA S/O KALEGOWDA AGED ABOUT 61 YEARS, R/O BILAGUNDA VILLAGE, KATTAYA HOBLI HASSAN TALUK & DISTRICT-573 201 …APPELLANT (BY SRI.GIRISH B BALADHARE, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SPECIAL LAND ACQUISITION OFFICER HRP-2 AND ASSISTANT COMMISSIONER HASSAN SUB-DIVISION HASSAN-573 201 2. CHIEF ENGINEER CAVERI NEERAVARI NIGAMA HEMAVATHI RIVER PROJECT GORURU, HASSAN DISTRICT-573 201 …RESPONDENTS (BY SRI.G.C.YOGISY, AGA FOR R1 SRI.B.R.PRASHANTH, ADVOCATE FOR R2) THIS MSA FILED U/S 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED:08.08.2014, PASSED IN LAC. NO.38/2013, ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, HASSAN, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. * Page No.1 is retyped and replaced vide court order dated: 11.07.2025. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14288 MSA No. 41 of 2022 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT This Miscellaneous Second appeal is filed by the claimant challenging the judgment and award dated 08.08.2014 in L.A.C.No.38/2013 passed by Additional Senior Civil Judge at Hassan, and judgment and decree dated 09.06.2015 in RA.No.245/2015 passed by the Additional District Judge at Hassan, seeking enhancement of compensation. 2. Learned counsel appearing for the appellant submits that in respect of the similar acquisition, in the connected matters already the order of the Reference Court is set aside and the matters are remanded back to the Reference Court for fresh consideration. While remanding the matter, the Co-ordinate Bench of this Court had permitted the appellant to make the beneficiary as a party before the Reference Court. 3. Considering the order passed by the Co-ordinate bench of this Court in M.S.A. No.68/2023 arising out of the very same land acquisition proceedings, this Court is passing the following: - 3 - NC: 2025:KHC:14288 MSA No. 41 of 2022 ORDER i. The judgment and award dated 08.08.2014 in L.A.C.No.38/2013 passed by Additional Senior Civil Judge at Hassan, is set-aside and the matter is remanded to the Reference Court for fresh disposal in accordance with law. ii. The beneficiary herein shall be made as a party before the Reference Court. iii. Liberty is reserved to both the parties to adduce evidence in further if they are so advised, either oral, documentary or both. iv. All the parties shall appear before the Reference Court on 21.04.2025 without further notice and the Reference Court shall decide the case and pass appropriate orders within a period of six months from thereon. v. All contentions of parties are kept open. vi. Court fee paid by the claimant shall be refunded to the claimant with proper identification. vii. Accordingly, the appeal is allowed. viii. All IAs. in this appeal shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 17