- 1 - NC: 2025:KHC:12885 MSA No. 103 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS SECOND APPEAL NO.103 OF 2017 (LA) BETWEEN: B.R. SATHYANARAYANA, S/O. RAMASWAMY, AGED ABOUT 62 YEARS, AGRICULTURIST, R/O. BYLAHALLI POST AND VILLAGE, SALAGAME HOBLI, HASSAN TALUK, HASSAN DISTRICT-573 201. …APPELLANT (BY SMT. SHARADAMBA A.R., ADVOCATE) AND: 1. SPECIAL LAND ACQUISITION OFFICER, H.R.P.2, OFFICE OF THE DEPUTY COMMISSIONER, 1ST FLOOR, HASSAN-573 201. 2. MANAGING DIRECTOR, M/S. CAUVERI NEERAVARI NIGAMA LTD., SAPRES DABA CENTRE, 3RD AND 4TH FLOOR, ANANDA RAO CIRCLE, BANGALORE-560 009. …RESPONDENTS (BY SRI. G.C. YOGISH, AGA FOR R1; SRI. PRASHANTH B.R., ADVOCATE FOR R2.) THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT, AGAINST THE JUDGMENT DATED 01.08.2017 PASSED IN L.A.C APPEAL NO.48/2017 ON THE FILE OF THE 5TH ADDL. DISTRICT AND SESSIONS JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND AWARD DATED Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12885 MSA No. 103 of 2017 04.10.2005 PASSED IN LAC.NO.90/1999 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE (SR. DN), HASSAN, 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 SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT This Miscellaneous Second appeal is filed by the claimant challenging the judgment and decree dated 01.08.2017 in L.A.C.(Appeal) No.48/2017 passed by the V Addl. District & Sessions Court at Hassan and judgment and award dated 04.10.2005 in LAC.No.90/1999 passed by the Principal Senior Civil Judge, Hassan, seeking enhancement of compensation. 2. In the connected matters several orders are passed remanding the matter and directing the claimant to implead the beneficiary as proposed respondent. In that view of the matter 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.48/2017 by the Court of the V Addl. District & Sessions Court at Hassan is set- aside and the matter is remanded to the - 3 - NC: 2025:KHC:12885 MSA No. 103 of 2017 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 21.04.2025 without further notice and the Reference Court shall decide the case and pass appropriate orders within 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 I.As., in this appeal shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 7