- 1 - HC-KAR NC: 2026:KHC:31143 WP No. 46983 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 46983 OF 2014 (LA-RES) BETWEEN: KARNATAKA POWER CORPORATION LIMITED HAVING ITS REGISTERED OFFICE AT: SHAKTHI BHAVAN, NO.82, RACE COURSE ROAD, BANGALORE-560001 REPRESENTED BY ITS AGM (LAW) MR. T.RAMAKRISHNA RAJ …PETITIONER (BY MS. MANANYA GUDIHAL, ADVOCATE FOR SRI. PRADYUMNA L.N., ADVOCATE) AND: 1. H.S DUGAPPA GOWDA AGED UNKNOWN, MAJOR, S/O. SIDDAPPA GOWDA, R/O. KATTEKOPA, NAGAR HOBLI, HOSANAGAR TALUK, BY GPA HOLDER - H.D. JAYAPRAKASH (S/O H.S. DURGAPPA GOWDA) SINCE DEAD BY HIS LRS 1(a) H.D.PRABHAVATHI D/O LT. H.S.DUGGAPPA GOWDA O/O DGM (HRD) H, KPCL JOGFALLS, SAGAR (TQ.) SHIVAMOGGA (DIST) 577401. 1(b) H.D.LAXMI DEVI D/O LT. H.S.DUGGAPPA GOWDA JEDIKUNI, KONDLUR (POST), Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31143 WP No. 46983 of 2014 THIRTHAHALLI, SHIVAMOGGA (DIST) 577432. 1(c) H.D.JAYAPRAKASH S/O LT. H.S.DUGGAPPA GOWDA HEBBALA BAILU, YADUR (POST) HOSANAGARA (TQ.) SHIVAMOGGA (DIST)-577418 1(d) H.D.SUBRAMANYA S/O LT. H.S.DUGGAPPA GOWDA HEBBALA BAILU, YADUR (POST) HOSANAGARA (TQ.) SHIVAMOGGA (DIST)-577418 …RESPONDENTS (BY SRI. GURUPRASAD, ADVOCATE FOR SRI. S.V. PRAKASH, ADVOCATE CAUSE TITLE IS AMENDED VIDE COURT ORDER DATED 15.11.2024 ) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE EXECUTION PROCEEDINGS IN EX. NO. 194/2013 BEFORE THE HON'BLE CIVIL JUDGE [SENIOR DIVISION] AT SAGAR VIDE ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has challenged the execution proceedings in Ex. No.194/2013 on the file of the Senior Civil Judge and JMFC., Sagar. He has also sought for a declaration that the Order/intimation dated 28.09.2011, show cause notice dated - 3 - HC-KAR NC: 2026:KHC:31143 WP No. 46983 of 2014 28.11.2011 and the Order dated 23.02.2013 passed by the Senior Civil Judge and JMFC., Sagar in LAC No.64/1987 as illegal and void and to refund a sum of Rs.2,00,546/- deposited by the petitioner in LAC No.64/1987. 2. The petitioner claims that 01 Acre 03 guntas of land in Sy. No.49 of Kattekoppa village, Nagar Hobli, Hosanagar Taluk, belonging to the deceased respondent herein was acquired by the Special Land Acquisition Officer, Chakra, Varahi and Savehaklu Project, Shimoga, (for short, 'the Project'), for the benefit of the petitioner. The Special Land acquisition Officer passed an award determining the compensation payable to the deceased respondent. The respondent not satisfied with the quantum of compensation awarded, sought reference under Section 18(1) of the Land Acquisition Act, 1894 ('Act, 1894') which was registered as LAC No.64/1987 before the Civil Judge (Senior Division) and JMFC., at Sagar. The reference was decided in terms of the judgment and award dated 18.01.1990 and the compensation payable was enhanced to a sum of Rs.48,800/- per acre. The Reference Court noticed that certain proceedings were pending before the Land Reforms Appellate - 4 - HC-KAR NC: 2026:KHC:31143 WP No. 46983 of 2014 Authority, Shimoga, in LRA Nos.411/1986 and 412/1986. It held that the respondent is not entitled to claim the compensation until the decision in LRA Nos.411/1986 and 412/1986. The petitioner contends that after the limitation period for execution of a decree had expired, the respondent filed an application under Section 151 of the Code of Civil Procedure, 1908 seeking release of the enhanced compensation ordered by the Reference Court. The Court of Senior Civil Judge and JMFC., Sagara in terms of an order / intimation dated 28.09.2011, called upon the Special Land Acquisition Officer of the Project to pay the said enhanced compensation to the respondent herein. Later, a show cause notice dated 28.11.2011 was issued by the said Court to the Special Land Acquisition Officer of the Project calling for an explanation for non-payment of the compensation. Thereafter, on 23.02.2013, the Court passed an order directing the petitioner herein to pay the enhanced amount of Rs.2,00,546/- with interest thereon within 3 months from the date of the order. Later, the respondent filed Ex. No.194/2013 to execute judgment and award dated 18.01.1990 passed by the Civil Judge, Sagar, in LAC No.64/1987. The Reference Court passed an order on - 5 - HC-KAR NC: 2026:KHC:31143 WP No. 46983 of 2014 24.07.2014, authorizing attachment of a bus bearing registration No.KA/15/4473 belonging to the petitioner. Aggrieved by the said order, the petitioner filed I.A No.1 in Ex. No.194/2013 before the Executing Court under Order XXI Rule 58 read with Section 151 of the CPC for vacating the order of attachment. The Executing Court dismissed the said application in terms of an order dated 30.07.2014 and affirmed the order of attachment. In view of the attachment, the petitioner deposited a sum of Rs.1,65,791/- under protest before the Reference Court. Being aggrieved by the proceedings initiated against the petitioner by the respondent in Ex. No.194/2013, this petition is filed. 3. The learned counsel for the petitioner contended that the judgment and award dated 18.01.1990 passed by the Civil Judge, Sagar ought to have been enforced within a period of 12 years as prescribed under Article 136 of the Limitation Act, 1963 and hence, Ex. No.194/2013 filed by the respondent to execute the judgment and award dated 18.01.1990 is barred by limitation. He also contended that once the Reference Court passed the judgment and award, it became functus officio and - 6 - HC-KAR NC: 2026:KHC:31143 WP No. 46983 of 2014 therefore, could not have entertained a fresh execution petition to execute the judgment and award dated 18.01.1990 passed in LAC No.64/1987. Besides this, he contended that the Reference Court has held that the compensation is not payable to the respondent unless and until the appeals in LRA Nos.411/1986 and 412/1986 are decided by the Land Reforms Appellate Authority, Shimoga, and no evidence is produced by the respondent regarding the status of LRA Nos.411/1986 and 412/1986. With these and similar other contentions, the learned counsel for the petitioner prays that the execution proceedings initiated against the petitioner be set at nought. 4. Per contra, the learned counsel for the legal representatives of the deceased respondent submitted that the Reference Court, after noticing that there was a dispute regarding grant of occupancy rights, held that until the appeals filed in LRA Nos.411/1986 and 412/1986 are finally decided by the Land Reforms Appellate Authority, Shimoga, the claimants, namely, the respondent herein and others, are not entitled to get any compensation. He contends that LRA Nos.411/1986 and 412/1986 were transferred to this Court in view of the - 7 - HC-KAR NC: 2026:KHC:31143 WP No. 46983 of 2014 amendment of Section 17 of the Karnataka Land Reforms (Amendment) Act, 1990 and this Court registered a writ petition which was allowed and the case was remitted back to the Land Tribunal, Hosanagar Taluk, Hosanagara, for reconsideration of the claim of the respondent. He contends that the Land Tribunal has passed an order on 23.03.2018 in Case No.L.R.F.T.13, 14, 43, 7, 35, 69, 41/74-75 conferring occupancy rights in respect of 29 guntas of land in Sy. No.49 on the respondent. An affidavit is also filed by the respondent No.1(d), the legal representative of the deceased respondent stating that the said order of the Land Tribunal is not challenged before any Court. 5. The learned counsel for the respondent submits that the contention of the petitioner that the Execution Petition initiated by the respondent was out of time is not justified as the judgment and award dated 18.01.1990 passed by the Civil Judge, Sagar, became enforceable only after the Land Tribunal decided the application for conferment of occupancy rights in respect of 29 guntas of land in Sy. No.49 on 23.03.2018. He thus contends that Ex. No.194/2013, which was subsequently - 8 - HC-KAR NC: 2026:KHC:31143 WP No. 46983 of 2014 numbered as Ex. No.3/2013, is maintainable as the judgment and award dated 18.01.1990 passed in LAC No.64/1987 was not enforceable until 23.03.2018. He submits that the Executing Court has looked into these aspects and has held that the execution proceedings is maintainable. He also contends that the Reference Court does not become functus officio as it is also the Court which passed the judgment and award dated 18.01.1990 and it is therefore, entitled to enforce the judgment and award more particularly in the light of the order dated 23.03.2018 passed by the Land Tribunal. 6. I have considered the submissions of the learned counsel for the petitioner and the learned counsel for the legal representatives of the deceased respondent. 7. As stated earlier, the Reference Court while determining LAC No.64/1987 in terms of the judgment and award dated 18.01.1990 specifically held as follows: "It is made clear that till the final decisions of appeals in LRA.Nos. 411/86 and 412/86 before the Land Reforms Appellate Authority, Shimoga, the claimants 1 to 3 are not entitled to get any compensation amount - 9 - HC-KAR NC: 2026:KHC:31143 WP No. 46983 of 2014 and subject to the final decision of above cases. they are entitled to receive the compensation amounts." 8. The Reference Court in terms of the judgment and award dated 18.01.1990, has enhanced the compensation to Rs.48,800/- per acre along with other statutory benefits and interests. Therefore, the judgment and award passed by the Reference Court was not enforceable until the final decision was rendered by the Land Reforms Appellate Authority, Shimoga in LRA Nos.411/1986 and 412/1986. It is now stated by the learned counsel for the respondent that the proceedings before the Land Reforms Appellate Authority, Shimoga, was transferred to this Court, which entertained a transfer petition and thereafter registered it as a writ petition and after considering the contentions urged by the parties, remitted the case back to the Land Tribunal, Hosanagar Taluk, Hosanagara, for reconsideration. It is stated that the Land Tribunal granted occupancy rights in respect of 29 guntas of land in Sy. No.49 to the respondent in terms of the order dated 23.03.2018 and therefore, the right of the respondent to receive the compensation determined in LAC No.64/1987 sprung back to - 10 - HC-KAR NC: 2026:KHC:31143 WP No. 46983 of 2014 life only on 23.03.2018. Therefore, it cannot be said that the execution proceedings initiated by the respondent in Ex. No.194/2013, which was subsequently renumbered as Ex. No.3/2013, before the Senior Civil Judge and JMFC., Sagar, is not maintainable and is not barred by the law of limitation. In that view of the matter, there is no error committed by the Executing Court in issuing an intimation dated 28.09.2011 as well as the show cause notice dated 28.11.2011. Likewise, the order dated 23.02.2013 passed by the Senior Civil Judge and JMFC., Sagar in LAC No.64/1987 is justified. Hence, the question of directing the Executing Court to refund a sum of Rs.2,00,546/- to the petitioner does not arise. Thus, the Writ Petition is dismissed. Sd/- (R. NATARAJ) JUDGE SMA/List No.: 1 Sl No.: 4