- 1 - HC-KAR NC: 2025:KHC:35289 WP No. 12797 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 12797 OF 2025 (LA-RES) BETWEEN: SRI. GANGANNA. S/O DODDABARUMAIAH. AGED ABOUT 80 YEARS. R/AT AGALAKOTE VILLAGE. SIDDARTHANAGARA POST. TUMKUR TALUK AND DISTRICT – 572 101. SENIOR CITIZEN BENEFIT NOT CLAIMED. …PETITIONER (BY SRI. VIRUPAKSHAIAH P. H., ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU – 560 001. 2. THE DEPUTY COMMISSIONER, Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35289 WP No. 12797 of 2025 TUMAKURU DISTRICT, TUMKURU - 572 101. 3. THE ASSISTANT COMMISSIONER, TUMAKURU SUB-DIVISION, TUMAKURU - 572 101. …RESPONDENTS (BY SRI. SPOORTHY HEGDE, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R3 AUTHORITY TO CONSIDER THE REPRESENTATION DATED 15/04/2025 VIDE ANNX-F AND RELEASE THE AMOUNT OF COMPENSATION IN FAVOUR OF THE PETITIONER AND OTHER CLAIMANTS EXPEDITIOUSLY AS DETERMINED BY ORDER BEARING NO. LAQ.S.R. 54/89-90 LAC 5814-5866/91-92 DATED 02/04/2025 VIDE ANNX-E AND ETC. THIS PETITION, COMING ON FOR PRELIMNARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:35289 WP No. 12797 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioner is before this Court seeking the following prayers: “(a) Issue Writ in the nature of Mandamus or any other writ or order or direction in the similar nature directing the 3rd respondent authority to consider the representation dated 15.04.2025 vide Annexure-F and release the amount of compensation in favour of the petitioner and other claimants expeditiously as determined by Order bearing No. LAQ.S.R.54/89-90 LAC. 5814-5866/91- 92 dated 02.04.2025 vide Annexure-E; (b) Grant such other relief or relief's as this Hon'ble Court deems fit to grant in the facts and circumstances of the case in the interest of justice and equity.” 2. Heard Sri.Virupakshaiah P.H., learned counsel appearing for the petitioner, Sri.Spoorthy Hegde, learned HCGP appearing for the respondents and have perused the material on record. 3. Learned counsel for the petitioner submits that the Coordinate Bench of this Court has passed the following order concerning the adjacent lands. The order reads as follows: - 4 - HC-KAR NC: 2025:KHC:35289 WP No. 12797 of 2025 “The petitioners are before this Court aggrieved by the order dated 4.9.2021 passed by respondent No.2 – Assistant Commissioner, Tumakuru Sub Division, Tumakuru, at Annexure-D, rejecting the application filed by the Petitioners under Section 28A of the Land Acquisition Act, 1894, solely on the ground of limitation. 2. Counsel for the petitioners submits that the order in LAC No.2/1993 was passed on 26.2.2020 on the file of the Additional Senior Civil Judge and CJM, Tumakuru, granting compensation at a higher rate to the persons similarly situated with that of the Petitioners. Seeking compensation on parity with the order passed in LAC, the petitioners filed an application under Section 28A of the Act 1894, before respondent No.2 - Assistant Commissioner on 12.6.2020. Counsel for the petitioners submits that in para 2 of the application filed by the Petitioners, a specific reference is made that the application for obtaining a certified copy of the order passed in LAC was made on 28.2.2020 and the copies were made available on 1.6.2020. As such, there was a delay in filing the application within the prescribed period of 3 months as contemplated under Section 28A of the Act 1984. He submits that without taking into consideration this aspect of the matter, respondent No. 2 – Assistant Commissioner, merely referring to the date of the order passed in LAC on 26.2.2020 and the date of filing of the application on 12.6.2020, has erroneously come to the conclusion that the application filed by the petitioners is beyond limitation. If the Assistant Commissioner had taken into consideration the time consumed for obtaining the certified copy of the order passed in LAC as pleaded by the petitioners, the application filed by the petitioners was well within time. Therefore, he submits that an erroneous conclusion has been arrived at by respondent No. 2 – Assistant Commissioner in computing the period of limitation resulting in illegal order. Hence, he seeks for allowing of the petition and remanding the matter to respondent No.2 - Assistant Commissioner for fresh consideration. 3. In response, learned AGA submits that if the matter is remanded, respondent No.2 - Assistant Commissioner would take into consideration the time consumed for obtaining the certified copy as narrated by the petitioners in their application and would consider the matter on merits. 4. The submission is taken on record. 5. In that view of the matter, the petition is allowed. The order dated 4.9.2021, at Annexure-D, passed by respondent No.2 – Assistant Commissioner is set aside. The matter is remitted to respondent No.2 – Assistant Commissioner with a - 5 - HC-KAR NC: 2025:KHC:35289 WP No. 12797 of 2025 direction to take into consideration the averments made in para 3 of the application with regard to the time consumed for obtaining the certified copy in LAC No.2/1993 for the purpose of condoning the delay in filing the application and thereafter, pass appropriate order in accordance with law.” 4. Learned HCGP now submits that they would consider the representation of the petitioner who is similarly situated within an outer limit of twelve weeks from the date of receipt of the copy of the order. 5. In the light of the said submission, I deem it appropriate to dispose the subject petition with a direction to the respondents to consider the representation of the petitioner bearing in mind the order passed by the Coordinate Bench supra within twelve weeks from the date of receipt of copy of the order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE CBC