- 1 - HC-KAR NC: 2026:KHC:597 MSA No. 136 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE MISCELLANEOUS SECOND APPEAL NO.136 OF 2021 (LA) BETWEEN: 1. SMT SAKAMMA, W/O LATE NARASAIAH, AGED ABOUT 64 YEARS, 2. SRI NARASIMHARAJU, S/O LATE NARASAIAH, AGED ABOUT 41 YEARS (DIED BY LR'S) 2(a) SMT GEETHA T K, W/O LATE NARASIMHARAJU, AGED ABOUT 42 YEARS, 2(b) MISS AMRUTHA D N, D/O LATE NARASIMARAJU, AGED ABOUT 17 YEARS, 2(c) MISS NAMRATHA D N, D/O LATE NARASIMARAJU, AGED ABOUT 14 YEARS, 2(d) MASTER NARASIMHA ABHISHEK, S/O LATE NARASIMHARAJU, AGED ABOUT 13 YEARS, APPELLANTS NO.2(b) TO 2(d) ARE MINORS, REPRESENTED BY NATURAL GUARDIAN MOTHER SMT GEETHA T K, APPELLANTS NO.2(a) TO 2(d) ARE R/O DIBBUR VILLAGE, KASABA HOBLI, TUMAKURU TALUK AND DISTRICT - 572105. 3. SRI D N HANUMANTHARAYAPPA, S/O LATE NARASIMAIAH, AGED ABOUT 69 YEARS, Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:597 MSA No. 136 of 2021 (DIED BY LR'S) 3(a) SMT MANJULA DEVI, W/O LATE HANUMANTHARAYAPPA, AGED ABOUT 60 YEARS, 3(b) SRI H ANANTHA, S/O LATE HANUMANTHARAYAPPA, AGED ABOUT 36 YEARS, 3(c) SRI H HARISHA, S/O LATE HANUMANTHARAYAPPA, AGED ABOUT 34 YEARS ALL ARE R/O DIBBUR VILLAGE, KASABA HOBLI, TUMAKURU TALUK AND DISTRICT - 572105. …APPELLANTS (BY SRI V B SIDDARAMAIAH, ADVOCATE V/O/DATED 13/8/24, A2 (A TO D), A3 (A TO C) ARE TREATED LR'S OF DECEASED A1) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER, HEMAVATHI NALA DIVISION, TUMKUR, MINI VIDHANA SOUDHA, TUMAKURU - 572 101. 2. CAUVERY NEERAVARI NIGAM LTD, BENGALURU - (CORPORATE OFFICE), 3RD AND 4TH FLOOR, SURFACE WATER DATA CENTRE BUILDING, ANAND RAO CIRCLE, GANDHI NAGAR, BENGALURU - 560 009, REP. BY IT MANAGING DIRECTOR. …RESPONDENTS (BY SMT D L RANSA VASANTHI, HCGP FOR R1, SRI K S BHEEMAIAH, ADVOCATE FOR R2, (V/O/DATED 20/12/23, APPELLANT IS PERMITTED TO IMPLEAD "CAUVERY NEERAVARI NIGAMA LTD" AS R2) - 3 - HC-KAR NC: 2026:KHC:597 MSA No. 136 of 2021 THIS MSA IS FILED UNDER ORDER 54(2) OF LAND ACQUISITION ACT AGAINST THE JUDGMENT AND AWARD DATED 23.01.2018 PASSED IN RA.No.228/2017 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND AWARD DATED 19.07.2022 PASSED IN LAC No.18/97 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND CJM TUMAKURU, REJECTING THE REFERENCE FILED UNDER SECTION 18 OF LAND ACQUISITION ACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT This appeal is filed by the land losers against the judgment in R.A. No.228/2017 on the file of VI Additional District Judge, Tumakuru and also the award in LAC No. 18/1997 on the file of Additional Senior Civil Judge, Tumkuru. In terms of the aforementioned judgments, the Petitioners/land losers' claim is partly allowed and partly rejected. The land losers are before this Court assailing the aforementioned judgments and awards in respect of disallowed claim. 2. It is noticed from the impugned judgment and award that beneficiary Karnataka Neeravari Nigama is not - 4 - HC-KAR NC: 2026:KHC:597 MSA No. 136 of 2021 made a party to the proceeding. However, in this appeal, an application is filed and beneficiary is made a party. 3. Learned counsel for the petitioners fairly submits that the award passed without impleading beneficiary as a party is not tenable in law and seeks leave of the Court and submits that the matter has to be remitted to the Reference Court for fresh adjudication, affording opportunity to the beneficiary to contest the claim. 4. Considering the submission made, the Court is of the view that impugned judgments and awards have to be set aside and accordingly, set aside. 5. The matter is remitted to the Reference Court for fresh consideration. 6. Karnataka Neeravari Nigama shall be impleaded as respondent No.2 in the proceeding before the Reference Court. - 5 - HC-KAR NC: 2026:KHC:597 MSA No. 136 of 2021 7. It is made clear that this Court has not expressed anything on the merits of the claim of either of the parties. 8. All contentions are kept open. 9. The Registry shall refund the admissible Court Fee to the appellants. 10. In view of disposal of the appeal, application for production of additional documents does not survive for consideration. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS List No.: 2 Sl No.: 4