- 1 - HC-KAR NC: 2025:KHC-D:16685 CRP No. 100172 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CIVIL REVISION PETITION NO. 100172 OF 2023 BETWEEN: SMT. VATSALABAI W/O BABURAO DESAI, AGE. 85 YEARS, OCC. AGRICULTURE AND HOUSEHOLD, R/O. DESAI COMPOUND, NEAR KARNATAKA HIGH SCHOOL, FORT, DHARWAD, REP. BY GPA HOLDER, SRI. SHARATSCHANDRA B. DESAI, AGE. 60 YEARS, OCC. AGRICULTURE, NOW R/O. HANGAL, DIST. HAVERI-581 104. … PETITIONER (BY SRI. DINESH M. KULKARNI, ADVOCATE) AND: 1. THE EXECUTIVE ENGINEER, KARNATAKA HOUSE BOARD, HUBBALLI, DIST. DHARWAD-580 020. 2. THE SPECIAL LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER, DHARWAD-580 001. … RESPONDENTS (BY SRI. I.C. PATIL, ADVOCATE FOR R1; NOTICE TO R2 IS SERVED) THIS CRP IS FILED UNDER SECTION 115 OF CPC, PRAYING TO SET-ASIDE THE ORDER DATED 25.09.2023 PASSED BY II ADDITIONAL SENIOR CIVIL JUDGE, DHARWAD IN MISC. NO.05/2022, AS NULL AND VOID AND ALLOW THE MISC. NO.05/2022 IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.05 10:52:29 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16685 CRP No. 100172 of 2023 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard learned counsel appearing for the petitioner, learned counsel appearing for respondent No.1, and learned Additional Government Advocate appearing for respondent No.2. 2. This petition is filed assailing the order dated 25.09.2023 passed in Misc.No.5/2022 on the file of II Additional Senior Civil Judge, Dharwad. 3. In terms of the said order, the petitioner's application under Section 18(3)(b) of the Land Acquisition Act, 18941, was rejected on the premise that the petitioner’s application dated 29.01.2021 is time barred. 4. Learned counsel appearing for the petitioner would submit that there is no communication addressed to the petitioner rejecting the application dated 29.01.2021. It is further submitted that the endorsement has not been communicated to the petitioner. Learned counsel urged that the 1 For short, ‘Act of 1894’ - 3 - HC-KAR NC: 2025:KHC-D:16685 CRP No. 100172 of 2023 application under Section 18(3)(b) of Act of 1894 not have been dismissed on the premise that the petitioner's application dated 29.01.2021 was rejected, as the notice of the award was not communicated to the petitioner. 5. The Court is of the view that in case the application dated 29.01.2021 was filed within time and was wrongly rejected by the Special Land Acquisition Officer, the petitioner ought to have challenged the said order or the endorsement dated 30.10.2021. 6. It appears that the petitioner was prosecuting the application under Section 18(3)(b) under the bonafide impression that the order dated 30.10.2021 rejecting the petitioner's application dated 29.01.2021 could also be questioned in a proceeding under Section 18(3)(b). 7. The Trial Court though was justified in rejecting the application, it is to be observed that in case the petitioner's application dated 29.01.2021 was filed within time, after the service of notice of the award, then the petitioner is at liberty to - 4 - HC-KAR NC: 2025:KHC-D:16685 CRP No. 100172 of 2023 challenge the order dated 30.10.2021, rejecting the application dated 29.01.2021, in the manner known to law. 8. With these observations, the petition is disposed of. 9. If such a proceeding is initiated challenging the order dated 29.01.2021 rejecting the petitioner’s application, the time spent in prosecuting Misc.No.5/2021 on the file of II Additional Senior Civil Judge, Dharwad, till today has to be excluded in computing the limitation if any. 10. All other contentions kept. 11. Pending applications, if any, do not survive for consideration. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 22