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NC: 2024:KHC-D:14562
WP No. 104317 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. 104317 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-533211.
…PETITIONER
(BY SRI. SHIVASAI M. PATIL, ADVOCATE)
AND:
1. IRAPPA AMARAPPA JEEVANNAVAR
S/O. AMARAPPA,
AGED NOT KNOWN,
SY.NO.46/1 AND 46/2,
R/O ILAKKAL, HERUR VILLAGE,
HUNUGUNDA TALUK-587154.
2. THE DEPUTY COMMISSIONER & ARBITRATOR,
Digitally signed
by SAROJA BAGALKOT DISTRICT, BAGALKOT-587103.
HANGARAKI
Location: HIGH
…RESPONDENTS
SAROJA
COURT OF
HANGARAKI KARNATAKA
DHARWAD
(BY SRI. PRAVEEN K. UPPAR, AGA FOR R2;
BENCH
Date: 2024.10.07
13:28:39 +0530 R1-SERVED & UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI QUASH AND SET ASIDE THE ORDER DATED 06.03.2024
I.A.NO.1/2022 IN ARBITRATION PETITION NO.79/2022 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 WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2024:KHC-D:14562
WP No. 104317 of 2024
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE H.P.SANDESH)
Notice issued against respondent No.1 is served and
he remained 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. Though this
Court is not going to decide the substantive rights of the
parties, the matter is taken up for consideration.
3. 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
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NC: 2024:KHC-D:14562
WP No. 104317 of 2024
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.79/2022.
4. Learned AGA for the respondent No.2 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.
5. 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.
6. 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
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NC: 2024:KHC-D:14562
WP No. 104317 of 2024
acquisition proceedings was taken place long back and
compensation paid is also a very meager amount in favour
of the land losers.
7. In view of the disposal of the Writ Petition,
I.A.No.3/2024 does not survive for consideration.
Accordingly, the same is disposed of.
Sd/-
(H.P.SANDESH)
JUDGE
NAA
CT-MCK
List No.: 1 Sl No.: 24