- 1 - HC-KAR NC: 2025:KHC:53281 CRP No. 213 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 213 OF 2020 (LAC) BETWEEN: 1. M. GOVINDARAJU, S/O LATE MARIYAPPA, AGED ABOUT 54 YEARS, 2. SMT. LAKSHMAMMA, W/O LTAE MAWRIYAPPA, AGED ABOUT 76 YEARS, BOTH ARE R/AT NO. 272/1, ANCHEKERI, KENGERI, BENGALURU SOUTH TLAUK, BENGLAURU-560 006. …PETITIONERS (BY SRI. VARNAKAR REDDY N.B., ADVOCATE FOR SRI. HEGDE SHRIPAD GANGADHAR, ADVOCATE) AND: THE SPECIAL LAND ACQUISITION OFFICER, OFFICER-I KIADB (BMICP), NO.3/2, 1ST CROSS, GANDHINAGAR, BENGALURU-560 009. …RESPONDENT (BY SRI. P.V. CHANDRASHEKAR, PANEL COUNSEL FOR KIADB) THIS CRP IS FILED UNDER SEC.115 OF CPC., 1908 AGAINST THE ORDER DATED 06.12.2019 PASSED IN LAC.No.60/2010 ON THE FILE OF THE II ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, BENGALURU, REJECTING THE PETITION FILED UNDER SEC.18(3)(b) OF LA ACT., 1894. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53281 CRP No. 213 of 2020 THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri Varnakar Reddy N.B., learned counsel representing Sri Hegde Shripad Gangadhar, counsel for the revision petitioners and Sri P.V. Chandrashekar, learned counsel for the respondent. 2. Affidavit along with documents came to be filed by Sri P.V. Chandrashekar as per the order of this Court. 3. The revision petition is filed by the claimant challenging the dismissal of the reference application in LAC No. 60/2010 filed under Section 18(3)(b) of Land Acquisition Act, 1894. 4. Learned judge in the reference Court noted that there is huge delay in filing the claim petition and therefore dismissed the claim petition under Section 18(3)(b) of the Land Acquisition Act. 5. In order to ascertain whether there was proper service of notice under Section 12(2) of the Land - 3 - HC-KAR NC: 2025:KHC:53281 CRP No. 213 of 2020 Acquisition Act this Court directed the Karnataka Industrial Area Development Board (for short ‘KIADB’) to file necessary documents to establish that when was the notice under Section 12(2) of the Land Acquisition Act was served on the claimant. 6. Pursuant to said directions, an affidavit is filed by Land Acquisition Officer which reads as under: “H.N. Shivegowda Aged about years, the Special Land Acquisition officer, the Karnataka Industrial Areas Development Board (BMICP) at Bengaluru do hereby solemnly affirm and state as follows. 1. I submit that, I am working as the Special Land Acquisition officer Karnataka Industrial Areas Development Board (BMICP) the respondent in the above case and I am aware of the facts of the case based on the records. 2. I submit that, the petitioner being aggrieved by the impugned judgement dated 06.12.2010 passed in LAC 60/2010 filed the above Revision Petition. 3. I submit that, the general award dated 21.12.2006 was passed and there after the notice dated 09.01.2007 Under Section 12(2) of the LA Act was sent to notified - 4 - HC-KAR NC: 2025:KHC:53281 CRP No. 213 of 2020 Kathedhars, Objectors by registered post on 11.01.2007. The Copy of the said notice dated 09.01.2007 is herewith produced and marked as Annexure R1. 4. I submit that, when the proceedings were held the office was situated at Gandhi Nagar and later on it was shifted to C Aravinda Bhavan Nrupathunga Road. While shifting the records the dispatch registrar has been misplaced as such the same could not be produced. 5. I submit that, after passing of the award notice was sent and there after the reference has been made to the City Civil Court Bengaluru by depositing the compensation U/S 30 and 31 of the LA Act. The said reference has been registered as LAC 43/2007 on the file of the Hon'ble City Civil Court Bengaluru. Pursuant to the notice issued by the reference court in LAC 43/2007, the petitioners who are the claimants 2 and 3 in that case have appeared through their learned counsel. Though the petitioners have got knowledge and aware of the passing of the award they kept quiet and not filed any application U/S 18(1) of the LA Act within the stipulated time. 6. I submit that, the reference court taking note of all these things has rightly dismissed the petition filed U/S 18(3)(b) of the LA Act filed by the petitioners. The same is in accordance with law. - 5 - HC-KAR NC: 2025:KHC:53281 CRP No. 213 of 2020 Wherefore I humbly prays that, this Hon'ble court be pleased to dismiss the above petition in the interest of justice and equity.” 7. Along with the affidavit copy of the notice under Section 12(2) of the Land Acquisition Act is no doubt placed. But there is no acknowledgment to establish that when was the service of notice under Section 12(2) of the Land Acquisition Act. 8. Taking note of the above, this Court is of the considered opinion that the impugned order needs to be set aside as there is no proper service of notice under Section 12(2) of the Land Acquisition Act and whereby, the reference filed by the claimant under Section 18(3)(b) of the Land Acquisition Act rejected by the reference court needs to be set aside. 9. Accordingly, the following: ORDER (i) Civil Revision petition is allowed. (ii) Impugned order passed by the learned II Additional City Civil and - 6 - HC-KAR NC: 2025:KHC:53281 CRP No. 213 of 2020 Sessions Judge, Bengaluru in LAC No.60/2010 is hereby set aside. (iii) The matter is directed to be adjudicated on merits in accordance with law. (iv) It is made clear that this court has not expressed opinion on merits of the matter. (v) Parties are directed to appear before the Reference Court without further notice on 19.01.2026 positively and proceed with the case. (vi) Ordered accordingly. Sd/- (V SRISHANANDA) JUDGE MR