- 1 - HC-KAR NC: 2026:KHC:19917 MSA No. 29 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE MISCELLANEOUS SECOND APPEAL NO. 29 OF 2025 (LA) BETWEEN: SRI KRISHNEGOWDA S/O.SAGANEGOWDA, (SHAKUNIGOWDA) AGED ABOUT 77 YEARS, RESIDENT OF HARALAHALLI VILLAGE, HANDINAKERE POST, KASABA HOBLI, HASSAN TALUK HASSAN DISTRICT-573201. …APPELLANT (BY SRI. BALARAJ A C., ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISTION OFFICER OFFICER, H.R.P.-II, HASSAN- 573201. 2. THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN- 573201. 3. THE EXECUTIVE ENGINEER KAVERI NIRAVARI NIGAMA LIMITED YAGACHI RESEVOIR PROJECT SURVACE WATER DATA CENDTRE BUILDING 3RDA ND 4TH CROSS AVENUE ROAD Digitally signed by JYOTHI MANJUNATH Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19917 MSA No. 29 of 2025 GANDHI NAGAR, BENGLARUU- 560009 …RESPONDENTS (BY SMT. RANSA VASANTHI, HCGP FOR R1 AND R2; SRI. B.R.PRASHANTH, ADVOCATE FOR R3) THIS MSA IS FILED UNDER SEC.54(2) OF LAND ACQUISITION ACT., AGAINST THE JUDGMENT AND DECREE DATED 16.10.2019 PASSED IN LAC (APPL) NO.78/2016 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND AWARD DATED 21.02.2007 PASSED IN LAC NO.228/2006 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE (SR.DN), HASSAN, PARTLY ALLOWING CLAIM PETITION FILED UNDER SEC.18(1) OF THE 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 Learned Government Advocate accepts notice on behalf of respondents No.1 and 2 and also undertakes to appear on behalf of respondent No.3. 2. Learned counsel for the appellant submits that the issue raised in the present appeal is covered in terms of - 3 - HC-KAR NC: 2026:KHC:19917 MSA No. 29 of 2025 the judgment of the Co-ordinate Bench of this Court in Hanumegowda Vs. Special Land Acquisition Officer and Others1. 3. Learned counsel for respondents does not dispute the said submission. 4. The Court has perused the judgment in Hanumegowda (Supra) and the Co-ordinate Bench of this Court has remanded the matter to the Reference Court for fresh consideration. It is also noticed that the beneficiary was not made as a party in the proceedings before the Reference Court. 5. Under these circumstances, the following: ORDER i. The appeal is allowed-in-part. ii. The impugned judgment and decree passed in LAC No.228/2006 dated 21.02.2007 by the Principal Civil 1 MSA.No.88/2022 and connected matters - 4 - HC-KAR NC: 2026:KHC:19917 MSA No. 29 of 2025 Judge(Sr.Dn), as well as impugned judgment and award passed in LAC(Appeal)No.78/2016 dated 16.10.2019 by the Principal District Judge, Hassan are set aside without entering into the merits. iii. The beneficiary shall be made as a party to the proceedings before the Reference Court and the Reference Court shall record fresh evidence and thereafter pass appropriate orders. iv. It is made clear that, this Court has not expressed anything on the merits of the matter. v. The case is listed for non-payment of court fee. Since, the matter is remanded, the appellant is entitled to refund of the court fee, as such, there is no point in insisting the appellant to pay the court fee. vi. Delay of 1,135 days in preferring the appeal is condoned. However, the appellant is not entitled to the - 5 - HC-KAR NC: 2026:KHC:19917 MSA No. 29 of 2025 interest for the delayed period in case the market value is enhanced. vii. Parties shall appear before the reference Court on 10.06.2026 without any further notice. Sd/- (ANANT RAMANATH HEGDE) JUDGE RJ List No.: 1 Sl No.: 3