- 1 - HC-KAR NC: 2025:KHC:28892 MFA No. 1656 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 1656 OF 2020 (LAC) BETWEEN: SRI. RAMAIAH SINCE DEAD REPRESENTED BY LR’S 1. GANGARASAMMA W/O LATE RAMAIAH S.A, AGED ABOUT 70 YEARS, 2. S R RAJASHEKAR S/O LATE RAMAIAH S A AGED ABOUT 56 YEARS,. 3. S R SURESH S/O LATE RAMAIAH S A, AGED ABOUT 49 YEARS, 4. S.R.VENKATESH S/O LATE RAMAIAH S.A, AGED ABOUT 47 YEARS, APPELLANT 1, 2 AND 4 ARE REPRESENTED BY APPELLANT 3 RESIDENT OF SRINIVASAPURA VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT – 562 123 …APPELLANTS (BY SRI. PHANIRAJ KASHYAP.,ADVOCATE) Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28892 MFA No. 1656 of 2020 AND: 1. THE STATE OF KARNATAKA BY SPECIAL LAND ACQUISITION OFFICER, V.V. TOWER, 3RD FLOOR, DR. AMBEDKAR VEEDHI, BANGALORE – 560 001. 2. THE DEPUTY CHIEF ENGINEER CONSTRUCTIONS SOUTHERN RAILWAYS, NO.18, MILLER ROAD, BANGALORE – 560 046. …RESPONDENTS (BY SRI. B.M.KUSHALAPPA, ADVOCATE FOR R2; SRI. GOPALAKRISHNA SOODI, AGA FOR R1) THIS MFA FILED U/S.54(1) OF THE LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DT.17.09.2018 PASSED IN LAC NO.196/2009 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, NELAMANGALA, DISMISSING THE REFERENCE U/S.18 OF LAND ACQUISITION ACT. THIS APPEAL, COMING ON FOR HEARING- INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT This appeal is filed by the appellants being legal heirs of the claimant challenging the order dated 17.09.2018 passed in LAC No.196/2009 (old No.61/2006), on the file of - 3 - HC-KAR NC: 2025:KHC:28892 MFA No. 1656 of 2020 Additional Senior Civil Judge, Nelamangala1, thereby, the Reference petition filed by the claimants is dismissed. 2. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Reference Court. 3. Heard the arguments of both the learned counsel appearing for the parties and perused the materials available on record. 4. Since, the Reference petition/application is dismissed after death of claimant, the order of the Reference Court is null and void as it is passed against dead person. Now, the legal heirs of the deceased claimant have preferred the appeal with a leave to prosecute the appeal. Leave is granted to prosecute the appeal by allowing the application filed for pursing the appeal. 5. It is submitted that the adjacent land owners, who are adjacent to claimant’s land, have received a higher 1 hereinafter referred to as ‘the Reference Court’ for short - 4 - HC-KAR NC: 2025:KHC:28892 MFA No. 1656 of 2020 amount of compensation and the claimants being legal heirs of the deceased claimant are also entitled to claim the same compensation on parity as that of other adjacent land owners. Therefore, the Court is of the opinion to allow the appeal by setting aside the impugned judgment dismissing the Reference petition and remanding the case to the Reference Court for disposal on merits after receiving the evidence from both sides. 6. If there is any delay in filing the Reference petition and also since there is delay in preferring the appeal before this Court, whatever the reasons for delay in preferring the appeal on the part of the claimant or his legal heirs, they are not entitled to any interest in case if they succeed in the Reference petition. 7. In terms of the above, the appeal is liable to be allowed. 8. In the result, I proceed to pass the following: - 5 - HC-KAR NC: 2025:KHC:28892 MFA No. 1656 of 2020 ORDER i. The appeal is allowed. ii. The order dated 17.09.2018 passed in LAC No.196/2009 (old No.61/2006) on the file of Additional Senior Civil Judge, Nelamangala, is hereby set aside. iii. The matter is remanded to the Reference Court for fresh disposal in accordance with law. iv. The parties shall appear before the Reference Court on 01.09.2025 without expecting notice from the Reference Court. v. Liberty is reserved to both the parties to adduce evidence of oral or documentary or both, if they are so advised. vi. The parties shall co-operate with the Reference Court for early disposal of the suit as expeditiously as possible without taking unnecessary adjournments. - 6 - HC-KAR NC: 2025:KHC:28892 MFA No. 1656 of 2020 vii. The Reference Court shall dispose of the matter within a period of one year from the date of 01.09.2025. viii. No order as to costs. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 12