- 1 - HC-KAR NC: 2025:KHC:43686 WP No. 29093 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.29093 OF 2025 (LA-RES) BETWEEN: MOHAMMED AZARUDDEEN S/O LATE SHEIKH BYARI @ AI SHEIKABBA AGED ABOUT 38 YEARS R/O SOUHARDHA NAGARA, KOLAMBE VILLAGE, BAJPE POST, MANGALURU-574142. …PETITIONER (BY SRI MAITREYI KRISHNAN, ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA STATE OF KARNATAKA, M.S. BUILDING, BENGALURU-56001. REPRESENTED BY ITS CHIEF SECRETARY. 2. THE GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT, STATE OF KARNATAKA M.S. BUILDING, BENGALURU-560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 3. THE LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER, MANGALORE SUB-DIVISION, MANGALURU-575001. …RESPONDENTS (BY SRI HARISHA A.S., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE 3RD RESPONDENTS TO DISPOSE OF THE APPLICATION UNDER SECTION 28A OF THE LAND ACQUISITION ACT, 1894 (PLACED AS Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43686 WP No. 29093 of 2025 ANNEXURE-D) AND TO PASS AN ORDER THAT THE PETITIONER IS ENTITLED TO A RE-DETERMINED AMOUNT OF COMPENSATION OF RS.7,000/- (RUPEES SEVEN THOUSAND ONLY) ALONG WITH ALL THE STATUTORY BENEFITS ON THE BASIS OF THE AMOUNT AWARDED BY THE HON’BLE KARNATAKA HIGH COURT IN ORDER DATED 22.04.2014 IN MFA NO.4361/2011 (PLACED AS ANNEXURE-F) WITHIN A PERIOD OF 3 MONTH. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Learned Additional Government Advocate accepts notice for the respondents. 2. The petitioner is seeking for the following reliefs: “1. Directing the 3rd respondents to dispose of the Application under Section 28A of the Land Acquisition act, 1894 (placed as Annexure-D) and to pass an order that the Petitioner is entitled to a re-determined amount of compensation of Rs.7,000/- (Rupees Seven Thousand Only) along with all the statutory benefits on the basis of the amount awarded by the Hon’ble Karnataka High Court in Order dated 22.04.2014 in MFA No.4361/2011 (placed as Annexure-F) within a period of 3 month. - 3 - HC-KAR NC: 2025:KHC:43686 WP No. 29093 of 2025 2. Grant such other relief or reliefs, which this Hon’ble court may be pleased to grant in the circumstances of the case, in the interest of justice and equity.” 3. Heard learned counsel for the petitioner and learned AGA for the respondent. 4. The petitioner has filed an application under Section 28A of the Land Acquisition Act, 1894 (‘LA Act’ for short), before respondent No.3-Land Acquisition Officer and Assistant Commissioner seeking the re-determination of compensation. 5. The grievance of the petitioner is that despite the order passed by the Co-ordinate Bench of this Court in the case of Krishnananda D., Vs. The Government of Karnataka and Others1 (Krishnananda D), directing disposal of such applications filed under Section 28A of the LA Act within eight months from the date of that order, the 1 W.P.No.13795/2023 and Connected matters D.D.17.07.2023 - 4 - HC-KAR NC: 2025:KHC:43686 WP No. 29093 of 2025 respondents have not taken steps to comply with the said direction. 6. Having regard to the fact that the Section 28A of the LA Act is a beneficial provision intended to provide solace to those landowners or interested persons to claim just compensation payable to them, even if they have not sought reference under Section 18 of the LA Act, and in light of the earlier order of this Court in the case of Krishnananda D., directing respondent No.3 to dispose of all the applications filed under Section 28A of the LA Act within eight months, this Court deems it appropriate to direct respondent No.3 to conclude the proceedings within a time-bound manner. Thus, this Court pass the following: ORDER i. The writ petition is disposed of. ii. Respondent No.3 is directed to consider and dispose of the petitioner's application filed under Section 28A of the LA Act within an outer - 5 - HC-KAR NC: 2025:KHC:43686 WP No. 29093 of 2025 limit of three months from the date of receipt of the order, strictly in accordance with law. iii. Respondent No.3 shall pass appropriate orders, strictly in accordance with law. iv. It is needless to say that on the application, the respondents to issue notice to all the interested persons. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 17