- 1 - HC-KAR NC: 2025:KHC:19849 MSA No. 125 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH MISCELLANEOUS SECOND APPEAL NO. 125 OF 2023 (LA) BETWEEN: 1. SRI CHANDREGOWDA, S/O DODDEGOWDA, AGED ABOUT 57 YEARS, RESIDENT OF GOVINAKERE VILLAGE, OBALAPURA POST, BAGUR HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573201. …APPELLANT (BY SRI. BALARAJ A.C., ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER, H.R.P.- 2, HASSAN-573201. 2. THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN-573201. 3. M/S. KAVERI NEERAVARI NIGAMA LTD., REPRESENTED BY MANAGING DIRECTOR, WATER SURFACE DAATA CENTRE BUILDING, 3RD AND 4TH CROSS, ANANDA RAO CIRCLE, BENGALURU-560009. …RESPONDENTS (BY SRI. GURUSWAMY B.S., AGA FOR R1 AND R2; SRI. PRASHANTH B.R., ADVOCATE FOR R3 – [THROUGH V.C.]) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19849 MSA No. 125 of 2023 THIS MSA IS FILED UNDER SECTION 54(2) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND DECREE DATED 21.08.2020 PASSED IN LAC APPEAL NO.62/2019 ON THE FILE OF THE 4TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT AT CHANNARAYAPATNA, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND AWARD DATED 23.09.2014 PASSED IN LAC NO.52/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, CHANNARAYAPATNA, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SECTION 18(1) OF LAND ACQUISITION ACT 1984. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT Heard the learned counsel for the respective parties. 2. The counsel for the appellant submits that this Court in M.S.A.No.68/2023 dated 19.12.2024, 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 a direction was given that respondent No.3 be made as a party in the Reference Court and also given liberty to both the parties to adduce evidence in further, if they are so advised, either oral, documentary or both. - 3 - HC-KAR NC: 2025:KHC:19849 MSA No. 125 of 2023 3. The learned counsel for the respective parties submits that in view of the order passed by this Court, this matter may also be remanded to the Reference Court for fresh disposal. 4. Hence, this M.S.A is allowed by setting aside the order passed in LAC No.62/2019 dated 21.08.2020 and also the order passed in LAC No.52/2011 dated 23.09.2014 as observed in M.S.A.No.68/2023 and the matter is remanded to the Reference Court for fresh disposal in accordance with law and similar relief is also granted to array respondent No.3 as a party and give an opportunity to both the parties to adduce their evidence and decide the matter afresh as observed in M.S.A.No.68/2023. 5. The Reference Court shall decide the case and pass appropriate order within six months from 07.07.2025. 6. The parties shall appear before the Reference Court on 07.07.2025, without expecting any notice from the Reference Court and this order itself is a notice to the - 4 - HC-KAR NC: 2025:KHC:19849 MSA No. 125 of 2023 respective parties to appear before the Reference Court without fail on 07.07.2025. 7. All the contentions of the parties are kept open. 8. The Court fee paid by the claimant in this appeal shall be refunded to the claimant, on proper identification. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 2