- 1 - HC-KAR NC: 2025:KHC-D:11482 WP No. 107267 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8THDAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107267 OF 2024 (LA-RES) BETWEEN: 1. 2. FAKIRAPPA S/O GADEPPA SINCE DECEASED BY HIS LR’S. TIMMAPPA S/O FAKKIRAPPA AGE 52 YEARS, OCC: AGRICULTURE, R/O: WARD NO. 04, HALEKOTE, DIST: BALLARI – 583122 KATAGI SANNA HANUMAYYA S/O BHUSHYAPPA SINCE DECEASED BY HIS LR’S KATAGI DODDA TIMMAPPA S/O SANNA HANUMAYYA AGE: 25 YEARS, OCC: AGRICULTURE, R/O: WARD NO. 01, AGASEKATTE, HALEKOTE, DIST: BALLARI – 583 122 …PETITIONERS (BY SRI. JAGADISH PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS UNDER SECRETARY (LA-1 & 3) Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11482 WP No. 107267 of 2024 DEPARTMENT OF REVENUE, VIDHAN SOUDHA, DR. AMBEDKAR VEEDHI, BANGALURU 2. THE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER BALLARI, DIST: BALLARI – 583122 3. THE REVENUE INSPECTOR TEKKALKOTE,SIRUGUPPA, TAL. & DIST: BALLARI – 583122 …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1 TO R3) THIS WRIT PETITON IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TOA. ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT BEARING NO. KUM. BHUSWA. 66/11-12 DATED. 15-02-2017 PASSED BY 2ND RESPONDENT VIDE ANNEXURE-G REGARDING THE PETITIONERS LAND IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY.B. ISSUE WRIT IN THE NATURE OF MANDAMUS, DIRECTING RESPONDENT NO. 2 TO CONSIDER THE REPRESENTATION OF PETITIONERS VIDE ANNEXURE-H DATED. 16-03-2017, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - HC-KAR NC: 2025:KHC-D:11482 WP No. 107267 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs; a. Issue writ in the nature of certiorari quashing the impugned Endorsement bearing No.Kum.Bhuswa.66/11- 12 dated 15/02/2017 passed by 2nd Respondent vide Annexure-G regarding the petitioners land is concerned, in the interest of justice and equity. b. Issue writ in the nature of mandamus, directing Respondent No.2 to consider the Representation of petitioners vide Annexure-H dated 16/03/2017, in the interest of justice and equity. c. Pass any order/relief, that this Hon’ble Court deems fit in the nature and circumstances of the case, in the interest of justice and equity. 2. Accepting the reasons stated in support of IA No.1/2025, production of certified copy of Annexure-G is dispensed with. Accordingly, IA No.1/2025 3. The petitioners' request for enhancement of compensation under Section 18 of the Land Acquisition Act, 1894, was rejected by the respondents on the ground that the same was not filed within time.It is challenging the same, that the petitionersare before this Court seeking for the aforesaid reliefs. - 4 - HC-KAR NC: 2025:KHC-D:11482 WP No. 107267 of 2024 4. The contention of learned counsel for the petitioner is that the request under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013had been filed within 30 days of the receipt of the award. 5. A perusal of the papers indicates that the petitioner had once earlierapproached this Court in Kichadi Sanjeevappa S/o Hire Thimmappa& Ors., vs. The State of Karnataka& Ors., in WP No.76691- 76718/2013 along with several others challenging the acquisition notification. A Co-ordinate Bench of this Court had granted liberty to the petitioners to make an application seeking referenceof the matter invoking Section 18 of the Land Acquisition Act, 1894 to the referenceCourt for the purpose of seeking enhancement of the market value vide its order dated 03.08.2015. 6. If that be so, it was for the petitioner to make such a representationinvokingSection 18 of the Land - 5 - HC-KAR NC: 2025:KHC-D:11482 WP No. 107267 of 2024 Acquisition Act, 1894 within 90 days of the order dated 03.08.2015 or within 90 days of the certified copy of the said order having been received. 7. The representation in the present matter has been filed on 16.03.2017, 30 days after the receipt of the award amounts. In that view of the matter, I am of the considered opinion that the respondents have rightly rejected the application on the grounds that it is not within time. Hence, I pass the following ORDER i. The writ petition is disposed of. ii. Liberty is reserved to the petitioner to avail of remedies under Section 28A of the Land Acquisition Act, 1894. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 61