Sri D K Naganna Vs the Commissioner — Land Acquisition | Karnataka HC (2026)

Sri D K Naganna Vs the Commissioner — Land Acquisition | Karnataka HC (2026)

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HC-KAR

NC: 2026:KHC:36215 RFA No. 321 of 2026

CNR: KAHC010115212026

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF JULY, 2026 BEFORE

THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

REGULAR FIRST APPEAL NO. 321 OF 2026

BETWEEN:

SRI. D.K. NAGANNA SINCE DECEASED BY HIS LR'S

1(a) D.N. ASWATHALAKSHMI, W/O. D.K. NAGANNA, IS ALSO NO MORE BY HER LR'S

1(b) SRI. D.N. GURUDATH, S/O. D.K. NAGANNA, SINCE DECEASED BY HIS LR'S

Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA

1(b)(i) SMT. VARALAKSHMI GURUDATH, D/O. LATE GURUDATH, AGED ABOUT 71 YEARS, SINCE DECEASED BY HER LR’S

1(b)(ii) SMT. SREEVIDHYA W/O ANAND VENKATARAM AGED ABOUT 46 YEARS (BOTH ARE RESIDING AT NO.130, 5^TH CROSS, ITI LAYOUT, J.P.NAGAR 1^ST PHASE, BANGALORE – 560 078.

1(b)(iii) SMT. RADHA, W/O. KUMARASWAMY, AGED ABOUT 55 YEARS,

2 - NC: 2026:KHC:36215 RFA No. 321 of 2026

HC-KAR

CNR: KAHC010115212026

NO.826, 7^TH CROSS, 1^ST “A” MAIN, III BLOCK, III STAGE, BSK, BANGALORE - 560 085.

1(b)(iv) SMT. SRIVALLI, W/O. SUBRAMANYA, AGED ABOUT 50 YEARS NO.3917, SARVANI, 12^TH MAIN, II STAGE, KUMARASWAMY LAYOUT, BANGALORE - 560 078.

1(c) D.N. NAGARATHNA, D/O. LATE D.K. NAGANNA, AGED ABOUT 74 YEARS, NO.3406, 13^TH MAIN, 2^ND CROSS SHASTRINAGAR, K.R. ROAD, BSK 2^ND STAGE, BANGALORE. DECEASED UNMARRIED

1(d) D.N. NARASIMHAMURTHY, S/O. LATE D.K. NAGANNA, AGED ABOUT 74 YEARS, NO. 3406, 13^TH MAIN, 2^ND CROSS, SHASTRINAGAR, K.R. ROAD, BSK 2^ND STAGE, BANGALORE.

1(e) D.N. SRIDHARAMURTHY, S/O. LATE D.K. NAGANNA, AGED ABOUT 59 YEARS, NO. 253/10, SHIVALLI NILAYA, “OUT HOUSE” 9^TH MAIN, 4^TH CROSS, TINAM SREEKANTAIAH ROAD, HANUMANTHANAGAR, BENGALURU - 560 019.

1(f) SMT. D.N. KRISHNAVENI,

NC: 2026:KHC:36215 RFA No. 321 of 2026

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HC-KAR

CNR: KAHC010115212026

D/O. LATE D.K. NAGANNA, AGED ABOUT 60 YEARS, NO.1, “LAKSHMI” MODEL HOUSE STREET, BASAVANAGUDI, BANGALORE - 560 004.

…APPELLANTS

(BY SRI. R HARINATH, ADVOCATE)

AND:

THE COMMISSIONER BRUHATH BENGALURU MAHA NAGARA PALIKE, BANGALORE - 560 009.

THE LAND ACQUISITION OFFICER (RAILWAYS) T.V. TOWER, DR. AMBEDKAR VEEDHI BENGALURU – 560 001.

…RESPONDENTS

THIS RFA IS FILED UNDER SECTION 54(1) OF THE LAND ACQUITION ACT, 1894, R/W ORDER 41 RULE 1 & SEC 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 09.12.2025 PASSED IN LAC NO.210/2005 ON THE FILE OF THE II ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU AND ETC.,

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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NC: 2026:KHC:36215 RFA No. 321 of 2026

HC-KAR

CNR: KAHC010115212026

ORAL JUDGMENT

Learned counsel for the appellants has filed a memo for withdrawal of the appeal dated 01.07.2026. The memo reads as under:

“MEMO OF WITHDRAWAL

The appellant most respectfully states as follows:

The appellant has challenged the order of the Learned Trial Court in LAC No. 210/2005, wherein, the trial Court has rejected the reference petition U/s. 18(3) of the L.A. Act., on the premise of Limitation. The counsel has filed the above Regular First Appeal on the mistaken belief of an award, though in fact, it is rejection of the order for reference. The above appeal was filed in time. The office has also raised same objection regarding maintainability of the appeal and noted CRP maintainable. The Undersigned after carefully perusing the provision of law, has convinced himself to file CRP and is ready to be filed. In view of the above, it is humbly prayed to permit the appellants to withdraw the above appeal and to file CRP in the office in the interest of justice and equity. Hence, reserving liberty to the appellants, it is humbly prayed to permit the appellants to withdraw the above appeal in the interest of justice and equity.”

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NC: 2026:KHC:36215 RFA No. 321 of 2026

HC-KAR

CNR: KAHC010115212026

Accepting the said memo and submission of the

learned counsel for the appellants is taken on record.

Accordingly, the appeal is dismissed as withdrawn

with liberty as prayed for.

Sd/(HANCHATE SANJEEVKUMAR) JUDGE

rv

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