- 1 - HC-KAR NC: 2025:KHC:49192 WP No. 13494 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.13494 OF 2023 (LA-RES) BETWEEN: 1. SMT. SUNITHA .K W/O LATE MASTIGOWDA @ MAHESH .N AGED ABOUT 43 YEARS, 2. M. KRUTHIKGOWDA S/O LATE MASTIGOWDA @ MAHESH .N AGED ABOUT 23 YEARS, BOTH ARE RESIDING AT” ALISANDRA VILLAGE, BINDIGANAVILE HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT. …PETITIONERS (BY SRI SUNDARESH H.C., ADVOCATE) AND: 1. THE DEPUTY CHIEF ENGINEER (WEST) SOUTHERN RAILWAY CONSTRUCTIONS, NO.18, MILLERS ROAD, CANTONMENT, BENGALURU-560001. 2. THE ASSISTANT COMMISSIONER & SPECIAL LAND ACQUISITION OFFICER, PANDAVAPURA, MANDYA DISTRICT-571401. 3. THE DEPUTY COMMISSIONER, MANDYA DISTRICT, MANDYA-571401. …RESPONDENTS (BY SRI JAGANNATHA RAO A., CGC FOR R-1; SRI HARISHA A.S., AGA FOR R-2 & R-3) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49192 WP No. 13494 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND ISSUE WRIT IN THE NATURE OF CERTIORARI TO SET ASIDE THE ORDER PASSED BY THE SENIOR CIVIL JUDGE AND JMFC., NAGAMANGALA DATED 20.07.2020 IN LAC NO.104/2015 REJECTING THE APPLICATION FILED BY THE PETITIONERS FOR RELEASE OF THE ENHANCED COMPENSATION AMOUNT AS PER ANNEXURE-F PURSUANT TO THE AWARD PASSED IN LAC NO.104/2015 DATED 21.07.2018 AS PER ANNEXURE-C AND ALLOW THE APPLICATION FILED BY THE PETITIONER UNDER SECTION 151 OF CPC FOR RELEASE OF ENHANCED COMPENSATION AMOUNT AS PER ANNEXURE-D. 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 challenge the order dated 20.07.2020 passed by the Senior Civil Judge and JMFC, Nagamangala (‘trial Court’ for short), whereby the application filed by the petitioners for release of the enhanced compensation was rejected. 2. Heard learned counsel appearing for the petitioners, learned CGC for respondent No.1 and learned AGA for respondent Nos.2 and 3 and perused the material on record. - 3 - HC-KAR NC: 2025:KHC:49192 WP No. 13494 of 2023 Brief facts: 3. The husband of petitioner No. 1, Late Masti Gowda alias Mahesh N, was the owner of 12 guntas in Sy No. 58/3p4 of Sanabha Village, acquired for the Hassan Bangalore Broad Gauge railway line under Section 4 (1) notification dated 19.10.2007 and Section 6 declaration dated 27.08.2008. The Special Land Acquisition Officer (‘SLAO’ for short) passed an award on 02.08.2010 fixing the market value at `. `.`. `. 1,942/- per gunta. Dissatisfied, the original owner filed an application under Section 18 seeking reference. The reference was registered as LAC 104/2015, objections were filed by the SLAO. The original claimant died on 17.11.2010. The petitioners (wife and son) filed application IA Nos. 1 to 3 for bringing legal heirs on record, setting aside abatement and for condonation of delay. All the IAs were allowed on 05.07.2018 and the petitioners were brought on record. The first petitioner deposed as PW1. Exhibit P1 and Ex. P2 were marked. Respondents did not lead evidence. By the - 4 - HC-KAR NC: 2025:KHC:49192 WP No. 13494 of 2023 judgment dated 21.07.2018, the reference Court enhanced the compensation to `. `.`. `. 3,30,000/- per acre with statutory benefits. The petitioners filed an application under Section 151 CPC seeking release of the enhanced compensation amount supported by vouchers, death certificate, joint affidavit, Aadhar card, pan card etc., The reference court rejected the application by order dated 20.07.2020 holding that (i) claimant died in 2010 (ii) that death certificate was obtained in the year 2011 (iii) legal heirs were brought on record only in 2018. (iv). IAs to bring the legal heirs did not correctly mention the deceased name. 4. The petitioners subsequent application under Section 152 read with Section 153 CPC to correct the name was also rejected. Aggrieved, the petitioners have filed the present writ petition seeking to set aside the rejection order and for a direction to release the enhanced compensation. - 5 - HC-KAR NC: 2025:KHC:49192 WP No. 13494 of 2023 5. Learned counsel for the petitioners would argue that once the reference court allowed IAs 1 to 3 and brought them on record as legal heirs of the deceased and once they have contested and obtained a favourable award, the same Court could not later reject the release of compensation on the ground of delay or name discrepancy. The respondents never disputed that the petitioners are not the legal heirs of the late Mastigowda alias Mahesh N. Having permitted the petitioners to step into the shoes of the deceased and adjudicated the reference fully in their favour, the Court ought to have released the amount and refusal is arbitrary and contrary to law. 6. Having regard to the fact that the reference court had already allowed IAs 1 to 3 by order dated 05.07.2018, brought the petitioners on record as the legal representatives of the deceased claimant and thereafter adjudicated the reference on merits and enhanced the compensation in their favour, the subsequent rejection of - 6 - HC-KAR NC: 2025:KHC:49192 WP No. 13494 of 2023 their application for release of the award amount on the technical ground relating to the date of death and omission of the alias name in the LR application amounts to a contradiction in approach and suffers from non- consideration of the material documents. The reference Court failed to examine the real issue of entitlement of the petitioners as legal heirs, which stood concluded when abatement was set aside and substitution was allowed. The question before the trial Court was whether the petitioners are the lawful legal heirs and not whether they mention the deceased name imperfectly in the IAs. The impugned order is therefore unsustainable and is required to be set aside and the matter is to be remanded to the reference court for reconsideration of the petitioners claim for release of compensation in accordance with law. Accordingly this court pass the following: ORDER (i) The Writ Petition is allowed in part. - 7 - HC-KAR NC: 2025:KHC:49192 WP No. 13494 of 2023 (ii) The impugned order dated 20.07.2020 passed by the Senior Civil Judge and JMFC, Nagamangala in LAC No. 104/2015 insofar rejecting the application filed by the petitioners under Section 151 CPC seeking release of the enhanced compensation, is hereby set aside. (iii) The matter is remitted back to the reference court for fresh consideration of the petitioners' application for release of the compensation amount, strictly in accordance with law and having regard to the order dated 05.07.2018, whereby the petitioners were brought on record as legal representatives of the deceased claimant and reference was adjudicated on its own merits in their favour. (iv) The petitioners shall appear before the trial Court on 19.01.2026 without waiting for further notice. - 8 - HC-KAR NC: 2025:KHC:49192 WP No. 13494 of 2023 (v) The reference court shall afford an opportunity of hearing to the petitioners and the respondents and consider the documents already placed on record and if any other documents are produced by the petitioners to substantiate their claim and thereafter pass a reasoned order on the application for release of compensation. The reference court shall consider the same on its merits and pass appropriate order. Sd/- ____________________ JUSTICE K.S. HEMALEKHA CKL List No.: 1 Sl No.: 23