- 1 - HC-KAR NC: 2025:KHC-D:10825 RP No. 100149 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI REVIEW PETITION NO. 100149 OF 2024 (-) BETWEEN: 1. SHRI. CHANDRAPA S/O BASAPPA INGALAGI @ YADALLI, AGE. 57 YEARS, OCC. AGRICULTURE, R/O. SATTIGERI VILLAGE, TQ. SAUNDATTI, DIST. BELAGAVI-591129. 2. SHRI. YALLAPPA S/O BASAPPA INGALAGI @ YADALLI, AGE. 49 YEARS, OCC. AGRICULTURE, R/O. SATTIGERI VILLAGE, TQ. SAUNDATTI, DIST. BELAGAVI-591129. 3. SHRI. RUDRAPPA S/O RAMAPPA GANAGI AGE. 49 YEARS, OCC. AGRICULTURE, R/O. SATTIGERI VILLAGE, TQ. SAUNDATTI, DIST. BELAGAVI-591129. 4. SHRI. BASAPPA S/O YANKAPPA YADALLI AGE. 58 YEARS, OCC. AGRICULTURE, R/O. SATTIGERI VILLAGE, TQ. SAUNDATTI, DIST. BELAGAVI-591129. 5. SHRI. RAMAPPA S/O YANKAPPA YADALLI AGE. 54 YEARS, OCC. AGRICULTURE, R/O. SATTIGERI VILLAGE, TQ. SAUNDATTI, DIST. BELAGAVI-591129. 6. SHRI. BHIMAPPA S/O YANKAPPA YADALLI AGE. 49 YEARS, OCC. AGRICULTURE, R/O. SATTIGERI VILLAGE, TQ. SAUNDATTI, DIST. BELAGAVI-591129. 7. SHRI. SUBHASH S/O BASAPPA INGALAGI @ YADALLI AGE. 64 YEARS, OCC. AGRICULTURE, R/O. SATTIGERI VILLAGE, TQ. SAUNDATTI, DIST. BELAGAVI-591129. …PETITIONERS (BY SRIYUTHS. P. V. SAMBARGI AND G.N.NARASAMMANAVAR, ADVS) MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.08.30 12:13:44 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10825 RP No. 100149 of 2024 AND: 1. THE ASSISTANT COMMISSIONER BAILHONGAL SUB DIVISION, BAILHONGAL-591102. 2. THE EXECUTIVE ENGINEER MINOR IRRIGATION, DAK BANGALOW SHAHAPUR, BELAGAVI-590006. 3. THE CHIEF ENGINEER NORTH ZONE, MINOR IRRIGATION VIJAYAPUR, TQ. & DIST. VIJAYAPUR. 4. SHRI. SATTEPPA S/O NAGAPPA GANAGI AGE. 79 YEARS, OCC. AGRICULTURE, R/O. SATTIGERI, TQ. SAUNDATTI, DIST. BELAGAVI-591129. …RESPONDENTS (BY SRI. ABHISHEK MALI PATIL, HCGP FOR R1 TO R3) THIS REVIEW PETITION IS FILED U/SEC.114 R/W ORDER XLVII RULE (1) OF CPC, PRAYING TO REJECTING THE CONTENTIONS URGED BY THE RESPONDENTS IF ANY, THIS HON’BLE COURT MAY BE PLEASED TO GRANT THE FOLLOWING RELIEFS. A) CALL FOR THE RECORDS OF MFA NO.103030/2015 ON THE FILE OF THIS HON’BLE COURT WHICH IS DISPOSED VIDE JUDGMENT DATED 24.06.2016. B) SET ASIDE THE JUDGMENT DATED 24.06.2016 PASSED BY THIS HON’BLE COURT IN MFA NO.103030/2015. C) ALLOW THE APPEAL UNDER MFA NO.103030/2015 ON THE FILE OF THIS HON’BLE COURT FILED BY THE PETITIONERS/APPELLANTS. THIS REVIEW PETITION, COMING ON FOR ORDERS, THIS DAY, THE ORDERS WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10825 RP No. 100149 of 2024 CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) 1. The petitioners filed this Review Petition to review the Judgment dated 24.06.2016 passed in MFA No.103030/2015. 2. Brief facts, leading rise to the filing of this Review Petition are as follows: The petitioners are the owners of agricultural land bearing Sy.No.172 of Sattigeri village in Saundatti Taluka. The respondents acquired an extent of 2 acres 35 guntas and 1 acre 9 guntas, totally measuring 4 acres 4 guntas, for the construction of a Minor Irrigation Tank under LAQ,SR, No.120/2002-2003. The petitioners filed a reference application claiming Rs.3,00,000/- per acre, but the Reference Court enhanced the market value of the acquired land at the rate of Rs.1,80,000/- per acre along with the other statutory benefits under the Land Acquisition Act, - 4 - HC-KAR NC: 2025:KHC-D:10825 RP No. 100149 of 2024 1984, in LAC No.285/2005 dated 18.02.2006. The petitioners, aggrieved by the Judgment and award passed by the Reference Court in LAC No.285/2005, preferred an appeal before this Court in MFA No.103030/2015. This Court, vide judgment dated 24.06.2016, disposed of the appeal, on the ground that the value of the subject matter of the appeal is less than Rs.10,00,000/-, and the appeal is not maintainable before this Court in view of Section 19(1) of the Karnataka Civil Courts Act 1964. It is contended that the total extent of the land involved in the acquisition is 4 acres 4 guntas and the total value of the claim is Rs.12,30,000/-, and as the claim is more than Rs.10,00,000/-. Therefore, the appeal lies before this Court. Hence this review petition. 3. Heard the arguments of the learned counsel for the petitioners and the learned High Court Government Pleader. - 5 - HC-KAR NC: 2025:KHC-D:10825 RP No. 100149 of 2024 4. Learned counsel for the petitioners submits that the petitioners are the owners of land bearing Sy.No.172 of Sattigeri village, and respondents have acquired an extent of 2 acres 35 guntas and 1 acre 9 guntas, totally measuring 4 acres 4 guntas, for the construction of a Minor Irrigation Tank. The Reference Court redetermined the compensation at the rate of Rs.1,80,000/- per acre. The compensation redetermined by the Reference Court exceeds more than Rs.10,00,000/- and the claim of the petitioners is Rs.3,00,000/- per acre. He submits that the subject matter of the appeal is more than Rs.10,00,000/- and therefore, the appeal lies before this Court. He submits that an error is apparent on the face of the record, and hence, prays to review the order dated 24.06.2016 passed in MFA No.103030/2015. 5. Per contra, learned High Court Government Pleader supported the Judgment passed in MFA No.103030/2015, and accordingly, prays to dismiss the appeal. - 6 - HC-KAR NC: 2025:KHC-D:10825 RP No. 100149 of 2024 6. Perused the records, and considered the submissions of the learned counsel for the parties. 7. There is no dispute that the petitioners land was acquired by the respondents for the construction of the Minor Irrigation Tank. The Special Land Acquisition Officer has determined the compensation. The petitioners, being dissatisfied with the quantum of compensation awarded by the Special Land Acquisition Officer, filed a Reference Application seeking an enhancement of compensation. The Reference Application was registered as LAC No.285/2005. The Reference Court, after recording the evidence, redetermined the compensation at the rate of Rs.1,80,000/- per acre, along with the other statutory benefits under the provisions of the Land Acquisition Act, 1984. 8. The petitioners, being dissatisfied with the compensation determined by the Reference Court, preferred an appeal in MFA No.103030/2015 before this Court. This Court, vide Judgment dated 24.06.2016, passed an order - 7 - HC-KAR NC: 2025:KHC-D:10825 RP No. 100149 of 2024 holding that the subject matter of the appeal is less than Rs.10,00,000/- and the same is not maintainable before this Court in view of the provisions of section 19(1) of the Karnataka Civil Courts Act, 1964. 9. Admittedly, the land in question acquired by the respondents measuring 4 acres 4 guntas, wherein the market value determined by the Reference Court is Rs.1,80,000/- per acre, which exceeds more than Rs.10,00,000/-. The petitioner is seeking enhancement of compensation for more than Rs.10,00,000/-. Hence, appeal filed by the petitioners before this Court is maintainable. Thus, there is an error apparent on the face of the record. Hence, the appeal filed by the petitioners is maintainable before this Court. 10. In view of the above discussion, I proceed to pass the following order: - 8 - HC-KAR NC: 2025:KHC-D:10825 RP No. 100149 of 2024 ORDER (i) The Review Petition is allowed. (ii) The Judgment dated 24.06.2016 passed in MFA No.103030/2015 is reviewed. (iii) The appeal in MFA No.103030/2015 is restored to its original file. Sd/- (ASHOK S. KINAGI) JUDGE RHR/- CT: BSB List No.: 1 Sl No.: 1