- 1 - HC-KAR NC: 2025:KHC:35033 MSA No. 64 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL No.64 OF 2022 (LA) BETWEEN: ANNEGOWDA S/O RANGEGOWDA, AGED ABOUT 62 YEARS, R/O DUNDANAGANAHALLI VILLAGE, KATTAYA HOBLI, HASSAN TALUK, HASSAN DISTRICT-573201 …APPELLANT (BY SMT KAVITHA H C, ADVOCATE) AND: SPECIAL LAND ACQUISITION OFFICER HRP-2, HASSAN-573201 …RESPONDENT (BY SRI GOPALKRISHNA SOODI, AGA FOR R1; SRI K.S.BHEEMAIAH, ADVOCATE FOR PROPOSED R-2) THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) R/W SECTION 54(2) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND DECREE DATED 10.12.2019 PASSED IN LAC (APPEAL) NO.144/2016 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 03.08.2015 PASSED IN LAC NO.310/2014 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HASSAN PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SECTION 18(1) OF LAND ACQUISITION ACT. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35033 MSA No. 64 of 2022 THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Heard Smt.Kavitha H.C., learned counsel for the appellant and Sri K.S.Bheemaiah, learned counsel for the respondent. 2. Before the Reference Court and First Appellate Court, beneficiary is not made as party. Beneficiary is necessary for effective disposal of the reference application filed by the claimant. 3. Accordingly, the following: ORDER (i) Appeal is allowed. (ii) Impugned Orders passed by the First Appellate Court and Reference Court are hereby set-aside. (iii) Matter is remitted to the Reference Court for fresh disposal in accordance with law, after - 3 - HC-KAR NC: 2025:KHC:35033 MSA No. 64 of 2022 affording opportunity to the petitioner as well as respondent. (iii) Refund of permissible Court fee is allowed. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 2 Sl No.: 12