- 1 - HC-KAR NC: 2025:KHC-D:13369 WP No. 105035 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105035 OF 2024 (LA-RES) BETWEEN: KONKAN RAILWAY CORPORATION LTD A CORPORATION INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING A REGISTERED OFFICE AT BELAPUR BHAVAN, SECTOR 11, CBD BELAPUR NAVI MUMBAI 400614 REPRESENTED BY SENIOR REGIONAL ENGINEER, KONKAN RAILWAY CORPORATION LTD, KARWAR SHRI. B. S. NADAGE S/O. SURENDRA NADAGE AGED ABOUT 57 YEARS, AT KARWAR. …PETITIONER (BY SRI. RAKESH M BILKI, ADVOCATE) AND: 1. SPECIAL LAND ACQUISITON OFFICER KONKAN RAILWAY AND ASSISTANT COMMISSIONER KARWAR KARWAR SUB-DIVISION AT KARWAR-581301. 2. DEPUTY COMMISSIONER UTTARA KANNADA DISTRICT OFFICE OF THE DEPUTY COMMISSIONER AT KARWAR 581301. SHRI. DUGUNO VENKATESH NAIK BY LRS KOLGE, KARWAR SINCE DEAD THE IMPUGNED AWARD REMAINS MADE IN FAVOR OF A DEAD PERSON Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13369 WP No. 105035 of 2024 3. SRI. SUDHAKAR S/O. DUGUNO NAIK AGED MAJOR 4. SMT. KALPANA D/O. DUGUNO NAIK AGED MAJOR 5. SMT. KUMUD D/O DUGUNO NAIK AGED MAJOR ALL RESIDING AT KOLGE VILLAGE, KARWAR-581301. SRI BABU VENKATESH NAIK BY LRS SRI GANPATI BABU NAIK KOLGE, KARWAR-581301. 6. SRI RAYA @ RAMA VENKATESH NAIK BY LRS KOLGE, KARWAR-581301. SINCE DEAD THE IMPUGNED AWARD REMAINS MADE IN FAVOUR OF A DEAD PERSON 7. SMT. SEETA RAM NAIK D/O. RAMA NAIK AGED MAJOR 8. SRI. SHYAM RAM NAIK D/O. RAMA NAIK AGED MAJOR 9. SRI. SURESH RAM NAIK S/O. RAMA NAIK AGED MAJOR 10. SRI. PRASHANT RAM NAIK S/O. RAMA NAIK AGED MAJOR 11. SMT. VANDAN RAM NAIK D/O. RAMA NAIK AGED MAJOR 12. SMT. SAILA RAM NAIK D/O. RAMA NAIK AGED MAJOR 13. SMT. MANDA RAM NAIK D/O. RAMA NAIK AGED MAJOR ALL RESIDING AT VILLAGE - 3 - HC-KAR NC: 2025:KHC-D:13369 WP No. 105035 of 2024 KARWAR 581301. SRI. SHIVANAND VENKATESH NAIK BY LRS KOLGE, KARWAR-581301. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1 & R2, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: I. DECLARING THAT THE IMPUGNED AWARD DATED 25-05- 2022 PASSED BY THE RESPONDENT NO.1 IN NO.BHUSWA/ KR-VIVA-28(A)-93-2012-13 VIDE ANNEXURE-A IS VITIATED AND NON-EST. II. QUASH THE IMPUGNED AWARD DATED 25-02-2022 PASSED BY THE RESPONDENT NO.1 IN NO.BHUSWA-KR-VIVA-28(A)- 93/2012-13 VIDE ANNEXURE-A AS ARBITRARY, ILLEGAL AND HAVING VITIATED AND RENDERED NON-EST AND WITHOUT APPLICATION OF MIND. III. QUASHING THE ENTIRE PROCEEDINGS IN BHUSWA-KR- VIVA-28(A)-93/2012-13 ON THE FILE OF RESPONDENT NO.1 VIDE ANNEXURE-A, AS ILLEGAL LAND ARBITRARY AND ULTRA VIRES SECTION 28-A. IV. DECLARING THAT IN THE EVENT OF RE-DETERMINATION UNDER SECTION 28-A, THE PETITIONER IS NOT LIABLE TO PAY ANY INTEREST IN RESPECT OF THE RE-DETERMINED AMOUNT OR COMPENSATION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Despite the order dated 12.09.2025, office objections have not been complied with. 2. It appears that the petitioner is not interested in prosecuting the matter. - 4 - HC-KAR NC: 2025:KHC-D:13369 WP No. 105035 of 2024 3. The petition is dismissed for non-prosecution. SD/- (SURAJ GOVINDARAJ) JUDGE SH CT:ANB List No.: 2 Sl No.: 103