- 1 - HC-KAR NC: 2025:KHC:48706 WP No. 28207 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.28207 OF 2025 (LA-RES) BETWEEN: 1. H.T. HONNAPPA S/O THIRUMALAIAH, AGED ABOUT 44 YEARS, AGRICULTURIST, 2. H.T. KRISHNAPPA S/O. THIRUMALAIAH, AGED ABOUT 41 YEARS, AGRICULTURIST, BOTH ARE RESIDENTS OF HITTALAPURA VILLAGE, HULIYURDURGA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT-572123. …PETITIONERS (BY SRI S.V. PRAKASH, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, TUMAKURU DISTRICT, TUMAKURU-572 101. 3. THE ASSISTANT COMMISSIONER AND SPECIAL LAND ACQUISITION OFFICER, MAGADI-SOMAVARAPETE NATIONAL HIGHWAY-85, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48706 WP No. 28207 of 2025 TUMAKURU DISTRICT, TUMAKURU-572 101. 4. THE PROJECT DIRECTOR, SCHEME IMPLEMENTATION UNIT, KARNATAKA STATE HIGHWAY DEVELOPMENT PLAN, 5TH FLOOR, PDW ANNEXURE BUILDING, K.R. CIRCLE, BENGALURU-560001. …RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1 TO R-4; SRI SUNIL RAO, ADVOCATE TO ASSIST THE COURT AS AMICUS CURIAE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENTS DATED 03.03.2023, 25.07.2024 AND 28.02.2025 IN BEARING NO.L.A.Q.C.R:464/20-21(HA)18 ISSUED BY THE THIRD RESPONDENT PRODUCED AS ANNEXURE-G, H AND K RESPECTIVELY TO THE WRIT PETITION AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners have approached this Court seeking to quash the endorsement dated 03.03.2023, 25.07.2024 and 28.02.2025 (Annexures-G, H and K), issued by respondent No.3, whereby the petitioners’ reference petition has been rejected on the ground that it was filed after a after lapse of 742 days and is therefore belated. The endorsement dated 28.02.2025, further states that - 3 - HC-KAR NC: 2025:KHC:48706 WP No. 28207 of 2025 the reference petition already stood dismissed pursuant to the earlier endorsement dated 03.03.2023. 2. The petitioners’ land was acquired for the purpose of development, construction and maintenance of Magadi Somavarapete National Highway-85 under KSHIP- 3 Scheme in terms of Section 15 of the Karnataka Highways Act, 1964 (‘Act, 1964’ for short). Respondent No.3 passed an award under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (‘Act, 2013’ for short) determining compensation at `57,86,324/-. Aggrieved by the award, the petitioners filed a reference under Sections 64 (1)and (2) of the Act, 2013. 3. Learned counsel for the petitioners submits that the award was passed on 21.06.2022 and the petitioners filed reference petition on 30.07.2022, which is within the time prescribed under Section 64(2)(a) and (b). It is contended that respondent No.3 has erroneously treated - 4 - HC-KAR NC: 2025:KHC:48706 WP No. 28207 of 2025 the reference as delayed by 742 days, without even disclosing the date of filing of the reference, and has therefore rejected it on a wholly erroneous premise. 4. Per contra, learned Additional Government Advocate submits that the reference was wrongly filed before the Special Land Acquisition Officer (SLAO), whereas, under Section 64 of the Act, 2013, the competent authority is the Collector. It is argued that though the SLAO has passed the impugned endorsements, the reference ought to have been transmitted to the Collector, who alone is empowered to consider it. 5. This Court has heard learned counsel on both sides and perused the material on record. 6. Section 64 (2) (a) and (b) of the Act, 2013 reads thus: “64. Reference to Authority.–(1) x x x (2) The application shall state the grounds on which objection to the award is taken: - 5 - HC-KAR NC: 2025:KHC:48706 WP No. 28207 of 2025 Provided that every such application shall be made— (a) if the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collector’s award; (b) in other cases, within six weeks of the receipt of the notice from the Collector under Section 21, or within six months from the date of the Collector’s award, whichever period shall first expire: Provided further that the Collector may entertain an application after the expiry of the said period, within a further period of one year, if he is satisfied that there was sufficient cause for not filing it within the period specified in the first proviso.” 7. The above provision clearly provides that an application seeking reference shall be filed either within six weeks from the date of the Collector's Award or within six weeks of the receipt of notice under Section 21 or in any event within six months from the date of the Collector's award, whichever period expires first. The statue further - 6 - HC-KAR NC: 2025:KHC:48706 WP No. 28207 of 2025 empowers the Collector to entertain a delayed application within an additional period of one year on sufficient cause being shown. 8. In the present case, the award undisputedly was passed on 21.06.2022, the petitioners filed reference petition on 30.07.2022, which prima facie falls within the limitation prescribed under Section 64(2) of the Act, 2013. Yet, the endorsement (Annexure-H) dated 25.07.2024, merely states that the reference has been lodged after 742 days, without disclosing the date of filing or any basis for arriving at such computation, more importantly, the SLAO has no jurisdiction to reject or decide a reference, unless authority is shown to have been delegated by the Collector. No such delegation is placed before this Court. Thus, the impugned endorsements are without jurisdiction, contrary to Section 64 (2) of the Act, 2013 and cannot be sustained. - 7 - HC-KAR NC: 2025:KHC:48706 WP No. 28207 of 2025 9. In the above circumstances, the respondent- SLAO is directed to place the reference petition before the competent authority namely the Collector, within two weeks from the date of receipt of a certified copy of this order. Upon such transmission, the Collector shall consider the reference petition and pass appropriate orders strictly in accordance with Section 64 (2)(a) and (b) of the Act, 2013 applicable to the petitioners in accordance with law six weeks thereafter. Accordingly, the writ petition is disposed of. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 21