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NC: 2024:KHC-D:14565
WP No. 104337 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
TH
DATED THIS THE 30 DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
WRIT PETITION NO.104337 OF 2024 (GM-CPC)
BETWEEN:
THE DEPUTY GENERAL MANAGER
(TECH.) AND PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
PROJECT IMPLEMENTATION UNIT-HOSPETE,
ND ND
C-10, SHRI. NILAYA, 2 MAIN, 2 CROSS,
VIVEKANANDA NAGAR, HOSPETE-533 211.
…PETITIONER
(BY SRI. SHIVASAI M. PATIL, ADVOCATE)
AND:
1. SRI. DILEEPKUMAR HUKUMACHAND BORA
S/O. HUKUMACHAND,
AGED NOT KNOW, SY. NO.129/1,
AMARAVATHI VILLAGE,
HUNGUND TALUK-587 118.
Digitally signed
by SAROJA
HANGARAKI
2. SRI. HARSHVARADHAN PULAKESHI ARALIKATTI
Location: HIGH
SAROJA
COURT OF
S/O. PULAKESHI,
HANGARAKI KARNATAKA
DHARWAD
AGED NOT KNOWN, SY. NO.66/3,
BENCH
Date: 2024.10.07
13:28:40 +0530 AMARAVATHI VILLAGE,
HUNGUND TALUK-587 118.
3. SRI. AMARESH BASAPPA HULLALLI S/O. BASAPPA
AGED NOT KNOWN, SY NO. 127/4,
AMARAVATHI VILLAGE,
HUNGUND TALUK-587 118.
4. THE DEPUTY COMMISSIONER AND ARBITRATOR
BAGALKOT DISTRICT, BAGALKOT-587103.
…RESPONDENTS
(BY NOTICE TO R3 IS SERVED;
SRI. PRAVEEN K. UPPAR, ADDL. GOVT. ADVOCATE FOR R4)
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NC: 2024:KHC-D:14565
WP No. 104337 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OF
CERTIORARI QUASH AND SET ASIDE THE ORDER DATED 06.04.2024
IN I.A.NO.1/2022 IN ARBITRATION PETITION NO. 85/2022 PASSED
BY THE COURT OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE,
BAGALKOT, TO THE EXTENT OF DIRECTION TO THE PETITIONER TO
DEPOSIT 50% OF THE AWARD AMOUNT BEFORE THE EXECUTING
COURT I.E. VIDE ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE H.P.SANDESH)
Notice issued against respondent Nos.1 and 2 is
returned with endorsement as ‘no such person’ and in
respect of respondent No.3 notice is served and he is
unrepresented.
2. This Court also directed the counsel for petitioner
to serve a copy of the Writ Petition on the counsel who
appears for respondents before the Trial Court and
petitioner’s counsel has produced acknowledgement for
having served the copy. In spite of service of copy of the
Writ Petition, the counsel before the Trial Court appearing for
respondent No.3 did not choose to appear before this Court.
Though this Court is not going to decide the substantive
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NC: 2024:KHC-D:14565
WP No. 104337 of 2024
rights of the parties, the matter is taken up for
consideration.
2. This Writ Petition is filed being aggrieved by the
order passed by the Trial Court as per Annexure-A. When the
order of the Trial Court was set aside by this Court, the same
has been challenged before the Division Bench and the
Division Bench allowed the same in Writ Appeal and also
directed this Court to consider the matter for speedy
disposal. This Court passed an order in similar cases
directing the Trial Court to dispose of the matter within 45
days and issue involved is only with regard to the payment
of compensation and the land was acquired long back. This
petition is also filed challenging the Deputy Commissioner’s
order in A.P.No.85/2022.
3. Learned AGA for the respondent No.3 would submit
that when the similar order has been passed by this Court
directing the Trial Court to decide the matter within 45 days,
the same direction may be given in this petition also.
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WP No. 104337 of 2024
4. Having heard the petitioner’s counsel and also the
learned AGA, this Court is not going to decide the
substantive right in the Writ Petition and hence, the Trial
Court is directed to dispose of the matter within time bond
period of 45 days. Accordingly, the Writ Petition is disposed
of.
5. The petitioner’s counsel is directed to produce the
copy of this order forthwith before the Trial Court to enable
the Court to consider the matter since the acquisition
proceedings was taken place long back and compensation
paid is also a very meager amount in favour of the land
losers.
6. In view of the disposal of the Writ Petition,
I.A.No.2/2024 does not survive for consideration.
Accordingly, the same is disposed of.
Sd/-
(H.P.SANDESH)
JUDGE
NAA
CT-MCK
List No.: 1 Sl No.: 27