Karnataka High Court
Krishnegowda vs The State Of Karnataka on 13 November, 2025
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NC: 2025:KHC:46530
WP No. 32713 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.32713 OF 2025 (LA-RES)
BETWEEN:
KRISHNEGOWDA
S/O LATE DODDARANGAIAH,
AGED ABOUT 49 YEARS,
SHANTHALA TALKIES,
MADHUGIRI TOWN,
G.B.N ROAD, MADHUGIRI,
TUMKURU-572 132.
...PETITIONER
(BY SRI R. KUMAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS
PRINCIPAL SECRETARY
Digitally signed by REVENUE DEPARTMENT,
MAHALAKSHMI B M M.S. BUILDING, BANGALORE-560 001.
Location: HIGH
COURT OF 2. THE DEPUTY COMMISSIONER,
KARNATAKA
TUMAKURU DISTRICT,
TUMAKURU-572 101.
3. THE SPECIAL LAND ACQUISITION OFFICER,
HEMAVATHI CANAL ZONE,
TUMAKURU-572 101.
4. THE CHIEF ENGINEER
HEMAVATHI CANAL ZONE,
KUNIGAL ROAD, TUMKUR-572101.
...RESPONDENTS
(BY SRI. HARISHA A.S., AGA FOR R1 TO R4)
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NC: 2025:KHC:46530
WP No. 32713 of 2025
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 2ND
RESPONDENT AUTHORITY TO RE-DETERMINE THE AWARD AMOUNT
IN RESPECT OF ACQUIRED LAND OF THE PETITIONER HEREIN AS
PER THE JUDGMENT PASSED IN LAC NO.605/2006 BY THE SENIOR
CIVIL JUDGE GUBBI VIDE ANNEXURE-A AND RELEASE THE SAME BY
CONSIDERING THE APPLICATION FILED UNDER SECTION 28-A OF
LAND ACQUISITION ACT DATED 03.03.2015 BY THE PETITIONER
VIDE ANNEXURE-B S.L.A.O.S.R.(THU)11/1990-91 WITH A TIME
BOUND.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA
ORAL ORDER
The petitioner is before this Court seeking a direction to the respondents to consider his application dated 03.03.2015 filed under Section 28A of Land Acquisition Act, 1894 ("LA Act" for short) for re-determination of compensation in respect of acquired land, in terms of the judgment passed in L.A.C.No.605/2006.
2. It is the grievance of the petitioner that the application under Section 28A of the LA act, has been filed within time, the same has not been considered till date. -3-
NC: 2025:KHC:46530 WP No. 32713 of 2025 HC-KAR
3. The learned Additional Government Advocate submits that the petitioner's application will be considered in accordance with law within a time bound period.
4. Both counsel fairly submit that in identical matters, this Court has issued direction to the competent authority to consider such applications within a stipulated time, as held in Nanjundappa Vs Deputy Commissioner, Tumakur District and Another1 (Nanjundappa).
5. In view of the admitted position that the petitioner's claim for re-determination of compensation under Section 28A of the LA Act is still pending, this Court is of the opinion that the ends of justice would be met by directing the jurisdictional authority to consider the petitioner's claim within a fixed period. Accordingly, respondent No.3 is directed to consider and dispose of the petitioner's claim filed under Section 28A of the LA Act, strictly in accordance with law, within an outer limit of 1 W.P.No.91/2023 D.D.09.01.2023 -4- NC: 2025:KHC:46530 WP No. 32713 of 2025 HC-KAR three months from the date of receipt of copy of this order.
Sd/-
______________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 69