- 1 - NC: 2025:KHC:13681 MSA No. 172 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS SECOND APPEAL NO. 172 OF 2024 (LA) BETWEEN: SRI. LATE NANJUNDAPPA SINCE DEAD BY LRS., SMT. LATE CHANNAMMA, W/O. LATE NANJUNDAPPA, (DEMISED ON 09/09/2020) SRI. REVANNA, S/O. LATE NANJUNDAPPA, AGED ABOUT 52 YEARS, R/AT CHANNAPURA VILLAGE, HALEKOTE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT-573 211. ...APPELLANT (BY SRI. MANOJ KUMAR J.Y., ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PROJECT (HNP), D.C. OFFICE BUILDING, HASSAN-560 058. 2. KAVERI NEERAVARI NIGAMA KRS ROAD, GOKULAM 4TH STAGE HASSAN DISTRICT-570 020 ...RESPONDENTS (BY SRI.G.C.YOGISH, AGA FOR R1 SRI.B.R.PRASHANTH, ADVOCATE FOR R2) THIS MSA FILED UNDER SEC.54(2) OF LAND ACQUISITION ACT., AGAINST THE JUDGMENT AND DECREE DATED 17.11.2018 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13681 MSA No. 172 of 2024 PASSED IN LAC(APPEAL) NO.196/2016 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, HASSAN, ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 10.10.2011 PASSED IN LAC.90/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOLENARASIPURA, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SEC.18(1) OF THE LAND ACQUISITION ACT. THIS APPEAL, COMING ON FOR FINAL HEARING, 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 17.11.2018 in L.A.C.(Appeal) No.196/2016 passed by Prl. District Judge, Hassan and the judgment and award dated 10.10.2011 in LAC.No.90/2011 passed by the Senior Civil Judge, Holenarasipura, 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 appeals are remanded back to the Reference Court for fresh consideration. While remanding the matter, the Co- - 3 - NC: 2025:KHC:13681 MSA No. 172 of 2024 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 17.11.2018 in L.A.C.(Appeal) No.196/2016 passed by Prl. District Judge, Hassan is set-aside and the matter is remanded back 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 10.06.2025 without further notice and - 4 - NC: 2025:KHC:13681 MSA No. 172 of 2024 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 and all pending IAs., shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 3 Sl No.: 0