- 1 - NC: 2025:KHC-D:6481-DB MFA No. 101829 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.101829 OF 2020 (LAC) BETWEEN: 1. THE SPECIAL LAND ACQUISITION OFFICER, UKP, BILAGI, TQ: BILAGI, PINCODE-587116. 2. THE STATE OF KARNATAKA, REPRESENTED BY DEPUTY COMMISSIONER, NAVANAGAR, BAGALKOT, PINCODE-587101. …APPELLANTS (BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE) AND: 1. RANGAPPA BALAPPA SANSHI SINCE DECEASED BY HIS LRS, MALA ASHOK BALARADDI, AGE: 30 YEARS, OCC: HOUSEWORK, 2. MUTTU S/O. RANGAPPA SANSHI, AGE: 28 YEARS, OCC: AGRICULTURE, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6481-DB MFA No. 101829 of 2020 3. RUPA W/O. RAGU GADIGENNAVAR, AGE: 24 YEARS, OCC: HOUSEWORK, 4. YANKANNA S/O. RANGAPPA SANSHI, AGE: 21 YEARS, OCC: AGRICULTURE, ALL ARE R/O: ROLLI, TQ: BILAGI-587116. 5. BASAWWA W/O. RANGAPPA SANSHI, R/O: ROLLI, TQ: BILAGI-587116. …RESPONDENTS (BY SRI. N.L. BATAKURKI, ADVOCATE FOR R1-R5) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 54(1) OF THE LAND ACQUISITION ACT, 1894, PRAYING TO SET-ASIDE THE JUDGMENT AND AWARD DATED 13.03.2019 PASSED IN LAC.NO.864/2005 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BILAGI BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA - 3 - NC: 2025:KHC-D:6481-DB MFA No. 101829 of 2020 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) The Special Land Acquisition Officer1, Bilagi along with Deputy Commissioner, Navanagar, Bagalkot, is in appeal under Section 54(1) of the Land Acquisition Act, 18942, questioning the judgment and award dated 13.03.2019, passed in LAC No.864/2005, on the file of Senior Civil Judge and JMFC, Bilagi3, wherein, the reference Court, determined the market value of the acquired land at ₹8,95,000/- per acre excluding the pot kharab, if any, relying on its judgment passed in LAC No.257/2005, which related to the same Section 4(1) notification dated 25.02.1999 of same village i.e., Rolli village, Bilagi taluk. 2. Heard learned AGA Sri. G.K. Hiregoudar for the appellants and learned counsel Sri. N.L. Batakurki for respondents/claimants. Perused the entire writ appeal papers. 3. The State issued notification under Section 4(1) of the Act of 1894, to acquire certain lands in Rolli village of Bilagi 1 Hereinafter referred to as the ‘SLAO’ 2 Hereinafter referred to as the ‘Act of 1894’ 3 Hereinafter referred to as the ‘reference Court’ - 4 - NC: 2025:KHC-D:6481-DB MFA No. 101829 of 2020 taluk, which included the respondents/claimants land in R.S.No.46/1A (46/1A/A/A2) measuring 2 acres 34 guntas of Rolli village. In respect of the said land, award was passed on 28.09.2002 and the SLAO determined the market value of the land at ₹25,695/- per acre. Not being satisfied with the market value determined by the SLAO, the respondents/claimants sought reference and in LAC No.864/2005, the market value of land acquired was re-determined at ₹8,95,000/- per acre excluding pot kharab, if any, with statutory benefits along with interest at the rate of 12%. The Government is in appeal on the ground that the market value determined by the reference Court at ₹8,95,000/- per acre is on the higher side. 4. Learned counsel Sri. N.L. Batakurki appearing for the respondents/claimants would submit that the reference Court determined the market value of land in question placing reliance on the judgment and award passed in LAC No.257/2005, which related to the same 4(1) notification dated 25.02.1999 of same village i.e., Rolli village of Bilagi Taluk. Further, he submits that the judgment and award passed in LAC No.257/2005 is satisfied in E.P.No.12/2009, on the file of Civil Judge (SR.DN), Bilagi and E.P.No.12/2009 is closed vide - 5 - NC: 2025:KHC-D:6481-DB MFA No. 101829 of 2020 order dated 20.04.2009. Thus, he submits that when the State has accepted the judgment and award in respect of the same village under the same notification, the present appeal could not have been filed by the State and the same is liable to be dismissed. 5. Having heard the learned counsels appearing for both the parties and on perusal of entire appeal papers, we are of the considered view, that in view of the fact that, the State has accepted the judgment and award passed in LAC No.257/2005, on the file of Civil Judge (SR.DN), Bilagi, which related to the same 4(1) notification dated 25.02.1999 of same village i.e., Rolli village of Bilagi taluk, which is the subject matter of this appeal also, we are not inclined to entertain the present appeal. When the State accepts and satisfied the award in respect of the same notification under Section 4(1) of the Act of 1894, relating to the same village, it is not open for the State to file appeal selectively. 6. In view of the same, we do not find any merit in the appeal and accordingly the appeal stands rejected. - 6 - NC: 2025:KHC-D:6481-DB MFA No. 101829 of 2020 7. In view of the dismissal of appeal, pending I.A’s , if any, does not survive for consideration and are accordingly stand disposed of. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE PMP List No.: 1 Sl No.: 13