- 1 - HC-KAR NC: 2025:KHC:34734 MSA No. 101 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO.101 OF 2017(LA) BETWEEN: LAKSHMANASHETTY DEAD BY HIS LEGAL REPRESENTATIVES 1(a) SMT.LAMAMMA W/O LATE LAKSHMANASHETTY 58 YEARS (WIFE) R/O BYLAHALLI VILLAGE, SALAGAME HOBLI, HASSAN TALUK, 1(b) B.L.DHARANI S/O LATE LAKSHMANASHETTY, 39 YEARS (SON) C/O RAVI TAILORS, TEMPLE STREET ROAD MELUKOTE, PANDAVAPURA TALUK MANDYA DISTRICT 1(c) B.L.SUNITHA W/O PURUSHOTHAMA D/O LATE LAKSHMANASHETTY 37 YEARS PWS, 365, 10TH CROSS, KUVEMPUNAGARA, HASSAN-573201 1(d) B.L.VARADARAJ S/O LAKSHMANASHETTY, 34 YEARS NEAR ADHICHUNCHANAGIRI KANNADA SCHOOL VIVEKANANDAAGARA Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34734 MSA No. 101 of 2017 HASSAN-573 201 …APPELLANTS (BY SMT. SHARADAMBA A R, ADVOCATE) AND: 1. SPECIAL LAND ACQUISITION OFFICER HRP 2, OFFICE OF THE DEPUTY COMMISSIONER, 1ST FLOOR, HASSAN - 573 201 2. MANAGING DIRECTOR M/S.CAUVERY NEERAVARI NIGAMA LTD., SAPRES DABA CENTRE 34RD AND 4TH FLOOR, ANANDARAO CIRCLE BENGALURU – 560 009 …RESPONDENTS (BY SRI GOPALKRISHNA SOODI, AGA FOR R1; SRI B.R.PRASHANTH, ADVOCATE FOR R2) THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT 1894 AGAINST THE JUDGMENT AND DECREE DATED 01.08.2017 PASSED IN LAC APPEAL NO.46/2017 ON THE FILE OF THE 5TH ADDL.DISTRICT AND SESSIONS COURT, AT HASSAN DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT AND AWARD DATED 30.11.2005 PASSED IN LAC NO.5/2001 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SENIOR DIVISION), HASSAN PARTLY ALLOWING PETITION U/O.18(1) OF LAND ACQUISITION ACT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2025:KHC:34734 MSA No. 101 of 2017 ORAL ORDER Learned counsel for the appellants has filed Memo, which reads as under: “As the beneficiary under acquisition is not a party before the courts below, as beneficiary is a necessary party to given an opportunity to the parties the appeal be remanded to Reference Court to implead beneficiary as party in the interest of justice.” 2. Admittedly, the beneficiary was not made as a party before the Reference Court and beneficiary is prepared to contest the matter before the Reference Court, if made as a party. 3. Placing the memo on record, following order is passed: ORDER (i) Miscellaneous Second Appeal is allowed. (ii) The impugned award passed by the First Appellate Court as well as the Reference Court is hereby set aside. - 4 - HC-KAR NC: 2025:KHC:34734 MSA No. 101 of 2017 (iii) Matter is remitted to the Reference Court for fresh disposal in accordance with law after impleading the beneficiary as a party. (iv) It is made clear that both claimant and beneficiary are entitled to place respective evidence on record and thereafter the learned Trial Judge shall dispose of the reference in accordance with law. (v) Parties shall appear before the reference Court without further notice on 25.09.2025. (vi) Refund of permissible Court fee is allowed. (vii) In view of disposal of the appeal, all other pending applications, if any, are consigned to records. (viii) It is made clear that this Court has not expressed any opinion on the merits of the matter. Sd/- (V SRISHANANDA) JUDGE MR