- 1 - NC: 2025:KHC-K:1411 WP No.200591 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.200591 OF 2025 (GM-CPC) BETWEEN: 1. SHANTAYYA S/O LATE MALLAYYA SWAMY AGE: 52 YEARS, OCC: AGRICULTURE, R/O: KAMALAPUR, TQ: BHALKI, DIST: BIDAR. NOW RESIDING AT VILLAGE RAJGIRI, TQ: DIST: BIDAR. 2. ANAND S/O LATE MALLAYYA SWAMY AGE: 40 YEARS, OCC: AGRICULTURE, R/O: KAMALAPUR, TQ: BHALKI, DIST: BIDAR. NOW RESIDING AT VILLAGE RAJGIRI TQ: DIST: BIDAR. …PETITIONERS (BY SRI SHAMBULING S.SALIMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH THE SPECIAL LAND ACQUISITION OFFICER – 585 401. 2. THE SPECIAL LAND ACQUISITION OFFICER KARANJA PROJECT, BIDAR – 585 401. Digitally signed by SHIVAKUMAR HIREMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1411 WP No.200591 of 2025 3. KARNATAKA NEERAVARI NIGAM LIMITED COFFEE BOARD BUILDING, BENGALURU – 560 001. 4. THE CHIEF ENGINEER KARNATAKA NEERAVARI NIGAM LIMITED IPC ZONE, KALABURAGI – 585 102. 5. THE EXECUTIVE ENGINEER KARNATAKA NEERAVAI NIGAM LIMITED KPC DIVISION NO.2, BHALKI, DIST: BIDAR – 585 401. …RESPONDENTS (BY SRI MALLIKARJUN SAHUKAR, A.G.A. FOR R1 AND R2; SRI KRUPA SAGAR PATIL, ADVOCATE FOR R3 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 24.02.2025 PASSED BY THE ADDL. DISTRICT AND SESSIONS JUDGE AT BIDAR SITTING AT BHALKI IN M.A NO.13/2023 AS PER ANNEXURE-C TO THE EXTENT OF IMPUGNED ORDER AND PERMIT THE PETITIONERS TO SUBMIT THEIR ORAL ARGUMENT IN THE MATTER BEFORE PASSING THE JUDGMENT IN THE MATTER IN ENDS OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioners as well as the learned Additional Government Advocate for respondent Nos.1 and 2 who has accepted the notice. - 3 - NC: 2025:KHC-K:1411 WP No.200591 of 2025 2. This petition is filed against the order dated 24.02.2025 passed in M.A No.13/2023 on the file of District Judge, Bidar sitting at Bhalki. The aforesaid Miscellaneous Appeal is filed, challenging the order passed by the reference court and the appellants are seeking enhancement of compensation. The appeal has to be filed on payment of prescribed court fee which was not done. 3. It is noticed from the records that, the case was posted for judgment, reserving liberty to the appellant to file the written submissions along with the prescribed court fee. On 24.02.2025, the appellant filed an application before the Addl. District Judge, Bidar sitting at Bhalki to advance the case and permit him to pay the court fee of Rs.39,951/-. 4. It is noticed from the order dated 22.02.2025 that, the Appellate Court has posted the matter for judgment permitting the appellant to deposit the court fee on 14.03.2025 along with the written submissions. When the application is filed to advance the case seeking permission to deposit the amount, same is rejected by the learned District Judge on the - 4 - NC: 2025:KHC-K:1411 WP No.200591 of 2025 premise that once the case is posted for judgment, it cannot be re-opened. 5. Learned counsel for the petitioner submits that the Court itself permitted him to pay deficit court fee on 14.03.2025 and also enabled him to file the written submissions and could not have rejected the application. 6. This Court having considered the materials on records, is of the view that, the Appellate Court’s power to re-open the case is not taken away, in the circumstances of the case. Hence, the impugned order is set aside and the petition is allowed as no prejudice would be caused to any of the parties, if the petitioner is permitted to address oral arguments. 7. The petitioner is permitted to pay the deficit court fee and shall be permitted to address oral arguments. The petitioner shall pay the court fee within a period of one week from today and thereafter the matter be decided on merits. Sd/- (ANANT RAMANATH HEGDE) JUDGE THM/List No.: 2 Sl No.: 20