- 1 - NC: 2025:KHC:10297 MSA No. 111 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS SECOND APPEAL NO. 111 OF 2017 (LA) BETWEEN: 1. PUTTASWAMYSHETTY S/O. MARIRANGASETTY, AGED ABOUT 57 YEARS, AGRICULTURIST, R/O. BYLAHALLI VILLAGE, SALAGAME HOBLI, HASSAN TALUK, HASSAN DISTRICT - 573 201. DEAD BY LRS. 1A. SMT. BHAGYAMMA, W/O LATE PUTTASWAMY SHETTY, 59 YEARS, (WIFE). 2. MANJULA, W/O LATE MOHAN, 42 YEARS, (DAUGHTER) 3. JANARDHAN, S/O LATE PUTTASWAMYSHETTY, 40 YEARS, (SON) ALL ARE R/O BYLAHALLI VILLAGE, HASSAN TALUK. AT PRESENT ALL ARE R/AT DO.NO.19/B, KENCHAMANA GALLI, LAKSHMIPURA EXTENSION, HASSAN - 573 201. …APPELLANTS (BY SMT. SHARADAMBA A.R, ADVOCATE) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10297 MSA No. 111 of 2017 AND: SPECIAL LAND ACQUISITION OFFICER, H.R.P.2, OFFICE OF THE DEPUTY COMMISSIONER, 1ST FLOOR, HASSAN - 573 201 …RESPONDENT (BY SRI. G.C. YOGISH, AGA) THIS MSA IS FILED UNDER SEC.54(2) OF LAND ACQUISITION ACT., AGAINST THE JUDGMENT AND DECREE DATED 01.08.2017 PASSED IN LAC APPEAL NO. 51/2017 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, DISMISSING THE APPEAL AND FILED AGAINST THE JUDGMENT AND AWARD DATED 30.07.2005 PASSED IN LAC.15/2001 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE(Sr. Dn), HASSAN, PARTLY ALLOWING THE REFERENCE PETITIONS FILED U/S. 18(1) LAND ACQUISITION ACT. 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 01.08.2017 in L.A.C.(Appeal) No.51/2017 passed by V Addl. District & Sessions Court at Hassan, and judgment and award dated 30.07.2005 in LAC.No.15/2001 passed by the Principal Civil Judge (Senior Division), 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 - 3 - NC: 2025:KHC:10297 MSA No. 111 of 2017 set aside and the appeals 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: ORDER (i) The order of the First Appellate Court dated 01.08.2017 passed in L.A.C.(Appeal) No.51/2017 by the Court of the V Additional District & Sessions Court at Hassan is set-aside and the matter is remanded to the Reference Court for fresh disposal in accordance with law. (ii) The beneficiary shall be made as a party before the Reference Court. (iii) Liberty is reserved to both the parties to adduce further evidence if they are so advised, either oral, documentary or both. (iv) All the parties shall appear before the Reference Court on 15.04.2025 without further notice and the Reference Court shall decide the case and pass appropriate orders within six months from thereon. - 4 - NC: 2025:KHC:10297 MSA No. 111 of 2017 (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 and pending IAs., shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 2 Sl No.: 5 CT: BHKP