Citation : 2025 Latest Caselaw 10205 Kant
Judgement Date : 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.
NC: 2025:KHC:46530
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
W.P.No.91/2023 D.D.09.01.2023
NC: 2025:KHC:46530
HC-KAR
three months from the date of receipt of copy of this
order.
Sd/-
______________________ JUSTICE K.S. HEMALEKHA
AT
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