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Krishnegowda vs The State Of Karnataka
2025 Latest Caselaw 10205 Kant

Citation : 2025 Latest Caselaw 10205 Kant
Judgement Date : 13 November, 2025

Karnataka High Court

Krishnegowda vs The State Of Karnataka on 13 November, 2025

                                                    -1-
                                                                 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)
                             -2-
                                         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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