- 1 - HC-KAR NC: 2025:KHC-D:16388 WP No. 108715 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108715 OF 2025 (LA-RES) BETWEEN: SRI. GULAPPA S/O. NAGAPPA MULIMANI, AGE: 68 YEARS, OCC: AGRICULTURE, R/O: SHIGIKERI, PU KE VILLAGE, TQ: BAGALKOT, DIST: BAGALKOT. …PETITIONER (BY SRI. D. M. MALLI, ADVOCATE) AND: 1. THE COMMISSINER OFFICE, REHABILITATION AND RECONSTRUCTION AND LAND ACQUISITION, UPPER KRISHNA PROJECT, NAVANAGAR, BAGALKOTE – 587 103. 2. THE DEPUTY COMMISSIONER, BAGALKOTE – 587 103. 3. THE SPECIAL LAND ACQUISITION OFFICER UPPER KIRSHNA PROJECT OFFICE, NAVANAGAR, TQ: BAGALKOT, DIST: BAGALKOT – 587 103. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 25.09.2025 PASSED BY THE RESPONDENT NO.3 VIDE BEARING NO. LAQ/SR-67/95-96/28(A) VIDE ANNEXURE - F, INSOFAR AS PETITIONER IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. AND ISSUE A WRIT OF MANDAMUS DIRECTION THE RESPONDENT NO.3 TO RE-DETERMINE THE COMPENSATION AS THE JUDGMENT AND AWARD PASSED, IN LAC NO. 04/2022 PASSED BY THE ADDL SENIOR CIVIL JUDGE BAGALKOT DATED 29.08.2023, ON THE BASIS OF CLAIM PETITION FILED UNDER SECTION 28(A) OF THE LA ACT, VIDE ANNEXURE D, AND PASS VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.12.02 11:53:23 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16388 WP No. 108715 of 2025 APPROPRIATE ORDERS IN ACCORDANCE WITH LAW AT THE EARLIEST AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this court seeking the following prayer: A. Issue a Writ of Certiorari quashing the Order dated 25.09.2025 passed by the respondent no.3 vide bearing no. LAQ/SR-67/95-96/28(A) vide Annexure - F, insofar as petitioner is concerned, in the interest of justice and equity. B. Issue a Writ of Mandamus direction the respondent no.3 to re-determine the compensation as the Judgment and award passed, in LAC No. 04/2022 passed by the Addl Senior Civil Judge Bagalkot dated 29.08.2023, on the basis of claim petition filed under section 28(A) of the LA Act, vide Annexure D, and pass appropriate Orders in accordance with law at the earliest. C. Issue any writ, Order or directions which this Hon’ble Court deems fit, in the interest of justice and equity. 2. Heard Sri.D.M.Malli, learned counsel for the petitioner. 3. Learned counsel appearing for the parties, in unison, submit that the issue in the lis stands covered by the judgment rendered by the Coordinate Bench in - 3 - HC-KAR NC: 2025:KHC-D:16388 WP No. 108715 of 2025 W.P.No.117125/2019, disposed of on 19th September 2023. The Coordinate Bench held as follows: 1. “Captioned petition is filed by the land owners who have lost their lands on account of acquisition by the respondents under Hirehalla project. Assailing the endorsement issued by respondent No.3 vide Annexure-B who has declined to re-determine the compensation on the ground that petitioners have already availed redetermination under Section 28A of the Land Acquisition Act (hereinafter referred to as ‘the Act’ for short), the captioned petition is filed. 2. Petitioners initially have not questioned the award passed by the Land Acquisition Officer who has fixed the market value at the rate of Rs.4,000/- per acre. However, the adjoining owners under the same notification sought reference and the reference court enhanced the compensation from Rs.4,000/- per acre to Rs.21,500/- per acre. The petitioners placing reliance on the quantification done by the reference court in LAC No.23/1993 filed application under Section 28A of the Act seeking redetermination of the market value of their lands. The authorities rightly re-determined by taking cognizance of the compensation fixed by the reference court. 3. The second application is filed by the petitioners under Section 28A of the Act seeking further redetermination by placing reliance on the judgment rendered by the appellate court which has enhanced the compensation from Rs.21,500/- per acre to Rs.80,000/- per acre. The authority has rejected the application on the - 4 - HC-KAR NC: 2025:KHC-D:16388 WP No. 108715 of 2025 premise that re-determination is already done under Section 28A of the Act and therefore, the present application is not maintainable. 4. The controversy as to whether a land owners can maintain second application under Section 28A of the Act, in the event if there is further enhancement by the appellate court is no longer res integra. This court in identical case in W.P.No.60199/2011 & W.P.Nos.60547- 60548/2011 has held that land owners can invoke Section 28A of the Act, if there is a further enhance by the appellate court. Paragraph 3 reads as under: “3. A bare reading of Section 28A of the Act does not disclose that the land losers are disentitled to file an application to re-determine compensation in the event of enhancement of compensation by an order of this Court in a First Appeal. Sub-section 1 of Section 28A states that "where in an award under this Part, the Court allows to the applicant any amount of compensation in excess of the amount awarded by the Collector under Section 11, the persons interested in all the other land covered by the same notification under Section 4, sub-section (1) and who are also aggrieved by the award of the Collector may notwithstanding that they had not made an application to the Collector under Section 18, by written application to the Collector within three months from the date of the award of the Court require that the amount of compensation payable to them may be re-determined on the basis of the amount of compensation awarded by the Court.” Indisputably, the Civil Court in a reference Under Section 18 by award enhanced the market value of the - 5 - HC-KAR NC: 2025:KHC-D:16388 WP No. 108715 of 2025 acquired land to Rs.68,500/- per acre which was further enhanced to Rs.1,00,000/- per acre in Cross-Objection No. 37/2002 filed by the land losers in MFA No.3736/2001 filed by the State Government. Therefore the Miscellaneous first appeal filed by the State being a continuation of proceeding from the Civil Court, the enhancement of market value of the acquired land from Rs.68,500/- to Rs.1,00,000/- entitles the land loser petitioners to seek fresh re-determination of compensation under Section 28A of the Act. In that view of the matter, it was too far fetched for the Land Acquisition Officer to contend that the petitioners are disentitled to re-determination of the compensation after this Court enhanced the compensation from Rs.68,500/- to Rs.1,00,000/- per acre. The order impugned is illegal and unsustainable.” 5. In the light of the law laid down by this court in unreported judgment, the impugned endorsement vide Annexure-B is not sustainable. Petitioners are entitled for further re-determination under Section 28A of the Act and the authority is bound to take cognizance of the compensation enhanced by the appellate court in R.A.No.13/2009. Therefore, the impugned endorsement vide Annexure-B is not sustainable. Accordingly, I pass the following: ORDER i. The writ petition is allowed. ii. The impugned endorsement vide Annexure-B is set aside. iii. Respondent No.3 shall hear the petitioners and pass fresh order by taking - 6 - HC-KAR NC: 2025:KHC-D:16388 WP No. 108715 of 2025 cognizance of the judgment rendered by this court in W.P.No.60199/2011 & W.P.Nos.60547- 60548/2011.” 4. In the light of the issue being covered on all fours by the judgment passed by the Co-ordinate Bench (supra), and for the same reasons, the present petition also stands disposed of. Sd/- (M.NAGAPRASANNA) JUDGE AC/CT-ASC List No.: 1 Sl No.: 51