- 1 - HC-KAR NC: 2025:KHC:26026 WP No. 4057 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 4057 OF 2024 (LA-RES) BETWEEN: SRI NANJEGOWDA S/O LATE SETTIGOWDA AGED ABOUT 71 YEARS R/AT HANDIKERE VILLAGE KASABA HOBLI, HASSAN TALUK HASSAN DISTRICT – 571 418 …PETITIONER (BY SRI SIDDAMALLAPPA P. M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S.BUILDING, BENGALURU – 560 001. 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN – 573 201. 3. THE SPECIAL LAND ACQUISITION OFFICER H.R.P-2, HASSAN – 573 201. …RESPONDENTS (BY SRI SPOORTHY HEGDE N., HCGP) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26026 WP No. 4057 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT ISSUED BY R3 DTD 25.10.2016 VIDE REF. NO. LAC28(A)/219 AND DTD 30.05.2017 VIDE REF. NO. YRP/28A/12/2016-17, AS PER ANNEXURE-A AND B. THIS PETITION, COMING ON FOR PRELIMINARY, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayer: “1. Issue a Writ of certiorari quashing the endorsement issued by respondent No.3 dated 25.10.2016 vide reference No.LAC/28(A)/219 and dated 30.05.2017 vide reference No.YRP/28A/12/2016-17 as per Annexure – A and B. 2. Issue a writ of mandamus directing the 3rd Respondent to pay the enhanced compensation on the light of the judgment pronounced by this Hon’ble court in M.F.A.No.160/2007 as per Annexure-C. 3. Issue any other appropriate writ or direction as this Hon’ble court deems fit to be granted in the facts and circumstances of the case, to meet the ends of justice and equity.” 2. Heard Sri Siddamallappa P.M., learned counsel for petitioner and Sri Spoorthy Hegde N., learned High Court Government Pleader for respondents. - 3 - HC-KAR NC: 2025:KHC:26026 WP No. 4057 of 2024 3. The learned counsel appearing for the petitioner would submit that this petitioner was before this Court earlier, in W.P.No.28448/2018, challenging the very same endorsements, which are impugned in the subject petition and a coordinate bench of this Court allowed the said petition in terms of the order dated 27.05.2022 and quashed the endorsements, by directing the very same respondents to consider the case of the petitioner and to pay enhanced compensation. He would further submit that in the order dated 27.05.2022, the survey numbers and the extent of the land is erroneously indicated as Sy.No.38/4 measuring 02 guntas, but the correct survey number is No.334 measuring 2.30 guntas of land. The petitioner is yet again before this Court seeking the very same relief. 4. The coordinate bench of this Court in W.P.No.28448/2018, has held as follows: “2. The petitioner claims to be the owner of land in Sy.No.38/4 measuring 02 guntas and land in Sy.No.333/4 measuring 02 guntas both situated at Handigere Village, Kasaba Hobli, Hassan Taluk. The same has been acquired by the respondents. The petitioner’s father filed an application under Section 28(A) of the Land Acquisition Act, 1894, seeking for enhancement of the compensation. However, during - 4 - HC-KAR NC: 2025:KHC:26026 WP No. 4057 of 2024 the pendency of the said matter, the petitioner’s father expired and the matter could not be prosecuted. After the death of the father of the petitioner, petitioner filed separate applications under Section 28-A of the Act by claiming similar compensation as that awarded in reference No. LAC(A)/219 dated 30.05.2017. The petitioner contends that the said matter in LAC(A)/219 was challenged in appeal in MFA.No.5160/2007 dated 03.04.2018 wherein the Division Bench of this Court was pleased to enhance the compensation by a sum of Rs.20,000/- per gunta. The petitioner is before this Court contending that the petitioner’s land has also been acquired under the very same notification as also for the very same purpose. The petitioner also is entitled to similar enhanced compensation and as such, the aforesaid relief has been sought for. 3. This court in M.S.A. 200186/2019 (LAC) dated 11.02.2021 has categorically held that whenever the compensation is enhanced in favour of one of the land loser, the said enhanced compensation is liable to be paid to the other land losers. 4. In view of the above, I pass the following: -:ORDER:- a) The writ petition is disposed of. b) A certiorari is issued, the endorsement dated 25.10.2016 vide reference No.LAC(A)/219 at Annexure-A and endorsement dated 30.05.2016 vide reference No.YRP/28A/12/2016-17 at Annexure B are hereby quashed. c) Mandamus is issued directing respondent No.3 to consider the case of the petitioner and pay enhanced compensation in terms as that awarded by this Court in M.S.A. 200186/2019 (LAC) dated 11.02.2021 within a period of three months from the date of receipt of a copy of this order.” - 5 - HC-KAR NC: 2025:KHC:26026 WP No. 4057 of 2024 5. Learned High Court Government Pleader would accept the law as laid down by the coordinate bench in the aforesaid order and that there has been a mistake in mentioning the survey number in paragraph No.2 of the said order. 6. In the light of the above observations, I deem it appropriate to quash the endorsements impugned in the subject petition, yet again. Though the afore-quoted order passed in W.P.No.28448/2018 is paraphrased, hereinafter the survey number to be read as Sy.No.334, measuring 2 acres 30 guntas, situated at Handigere Village, Kasaba Hobli, Hassan Taluk. 7. For the aforesaid reasons, the following: ORDER a. The writ petition is allowed. b. The endorsement Nos.LAC/28(A)/219 dated 25.10.2016 and No.YRP/28A/12/2016-17, dated 30.05.2017 issued by respondent No.3, stands quashed. - 6 - HC-KAR NC: 2025:KHC:26026 WP No. 4057 of 2024 c. Mandamus issues to respondent No.3 to consider the case of the petitioner and pay enhanced compensation in terms of the judgment passed by the coordinate bench of this Court in M.S.A. 200186/2019 (LAC) dated 11.02.2021, within a period of three months from the date of receipt of a copy of this order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 31 CT:SS