- 1 - HC-KAR NC: 2025:KHC:36425 MSA No. 6 of 2024 C/W MSA No. 9 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO. 6 OF 2024 (LA) C/W MISCELLANEOUS SECOND APPEAL NO. 9 OF 2024 (LA) IN MSA No. 6/2024 BETWEEN: LAKSHMAMMA W/O DASAIAH, AGED ABOUT 72 YEARS, GADENAHALLI VILLAGE, KATTAYA HOBLI, HASSAN TALUK, HASSAN DISTRICT - 573 201 …APPELLANT (BY SRI. B.M. MOHAN KUMAR, ADVOCATE) AND: SPECIAL LAND ACQUISITION OFFICER HRP II HASSAN CITY HASSAN - 573 201 …RESPONDENT (BY SRI. GOPALAKRISHNA SOODI, AGA FOR R1 SRI. K.S. BHEEMAIAH, ADVOCATE FOR R2) THIS MSA IS FILED UNDER SEC.54(2) OF THE LAND ACQUISITION ACT, AGAINST THE JUDGEMENT AND AWARD DATED 14.11.2019 PASSED IN L.A.C. (APPEAL) NO.157/2016 ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, HASSAN., DISMISSING THE APPEAL AND CONFIRMED THE Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36425 MSA No. 6 of 2024 C/W MSA No. 9 of 2024 JUDGMENT DATED 3.03.2015 PASSED IN L.A.C. NO.71/2012 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE, HASSAN, ALLOWING THE CLAIM PETITION FILED UNDER SEC.18(1) OF L.A.ACT. IN MSA No. 9/2024 BETWEEN LAKSHMAMMA W/O DASAIAH AGED ABOUT 72 YEARS GADENAHALLI VILLAGE KATTAYA HOBLI HASSAN TALUK HASSAN DISTRICT - 573 201 …APPELLANT (BY SRI. B M MOHAN KUMAR.,ADVOCATE) AND: 1. SPECIAL LAND ACQUISITION OFFICER HRP-II HASSAN CITY HASSAN - 573 201 2. EXECUTIVE ENGINEER YAGACHI DAM DIVISION BELUR, HASSAN DISTRICT, HASSAN - 573 134. …RESPONDENTS (BY SRI. GOPALAKRISHNA SOODI, AGA FOR R1; SRI. K.S. BHEEMAIAH, ADVOCATE FOR R2) THIS MSA IS FILED UNDER SECTION 54(2) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 14.11.2019 PASSED IN LAC (APPEAL) No.155/2016 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND AWARD DATED 03.03.2015 PASSED IN LAC No.72/2012 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL - 3 - HC-KAR NC: 2025:KHC:36425 MSA No. 6 of 2024 C/W MSA No. 9 of 2024 JUDGE, HASSAN, ALLOWING THE REFERENCE PETITION FILED UNDER SECTION 18(1) OF LAND ACQUISITION ACT.TIME BARREDCF INSUFFICIENT THESE APPEALS, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Heard Sri. B.M. Mohan Kumar, learned counsel for the appellant and Sri. Gopalakrishna Soodi, learned Additional Government advocate for the respondent, on the merits of the matter. 2. Before the Reference Court as well as the First Appellate Court, the beneficiary is not made as a party. 3. Therefore an opportunity needs to be provided for the beneficiary to contest the claim of the claimant before the Reference Court. 4. Hence need has arisen to set-aside the award passed by Reference Court modified by the First Appellate Court and matter need to be remitted to the Reference - 4 - HC-KAR NC: 2025:KHC:36425 MSA No. 6 of 2024 C/W MSA No. 9 of 2024 Court for fresh disposal in accordance with law after affording the opportunity for the claimants as well as the beneficiary to place additional evidence if any on record. 5. Hence, following order: ORDER (i) Miscellaneous First Appeal is allowed. (ii) Impugned award passed by the Reference Court and First Appellate Court is hereby set-aside. (iii) Matter is remitted to the Reference Court for fresh disposal in accordance with law after affording suitable opportunity for parties. (iv) Taking note of the fact that the claim is of the 2012, party shall appear before the Reference Court without further notice on 27.09.2025. The Reference Court may expedite the matter and dispose of as early as possible. - 5 - HC-KAR NC: 2025:KHC:36425 MSA No. 6 of 2024 C/W MSA No. 9 of 2024 (v) Permissible court fee is ordered to be refunded. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 21 ct: