- 1 - HC-KAR NC: 2025:KHC-D:13132 WP No. 104902 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 104902 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. 3. SHRI ANANDU MALLU NAIK (DEAD BY LRS) R/O VILLAGE KOLGE, KARWAR 581317, (SINCE DEAD, BUT NOT HAVING BROUGHT LEGAL REPRESENTATIVES ON RECORD THE IMPUGNED Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13132 WP No. 104902 of 2024 3A. 3B. 3C. 3D. AWARD REMAINS MADE IN FAVOR OF A DEAD PERSON) SMT BHAGIRATHI W/O ANANDU NAIK AGED 76 YEARS SRI SHAMBAJI S/O ANANDU NAIK AGED 50 YEARS SMT SUDHA D/O ANANDU NAIK AGED 52 YEARS SMT GEETA D/O ANANDU NAIK AGED 40 YEARS, ALL ARE RESIDENTS OF ASNOTI, KOLAGE, KARWAR 581317. 4. 4A. 4B. 4C. 4D. 4E. 4F. SHRI TUKARAM MALLU NAIK R/O. KOLGE KARWAR 581317, SINCE DEAD, BUT NOT HAVING BROUGHT LEGAL REPRESENTATIVES ON RECORD THE IMPUGNED AWARD REMAINS MADE IN FAVOR OF A DEAD PERSON. SMT VANITA W/O TUKARAM NAIK AGED 72 YEARS SANDHYA D/O TUKARAM NAIK AGED 50 YEARS SMT ASHA D/O TUKARAM NAIK AGED 47 YEARS SRI ASHOK S/O TUKRAM NAIK AGED 45 YEARS SMT ROSHAN D/O TUKARAM NAIK AGED 45 YEARS SRI SANTOSH S/O TUKARAM NAIK AGED 41 YEARS - 3 - HC-KAR NC: 2025:KHC-D:13132 WP No. 104902 of 2024 ALL ARE RESIDENTS OF ASNOTI, KOLAGE, KARWAR 581317. 5. 5A. 5B. 5C. 5D. SRI. SHANTARAM MALLU NAIK R/O. VILLAGE KOLGE, KARWAR, SINCE DEAD BUT NOT HAVING BROUGHT LEGAL REPRESENTATIVES ON RECORD THE INPUGNED AWARD REMAINS MADE IN FAVOUR OF A DEAD PERSON SMT SUNITA W/O SHANTARAM NAIK AGED 75 YEARS, SRI SURAJ S/O SHANTARAM NAIK AGED 41 YEARS, SRI SUJAN S/O SHANTARAM NAIK AGED 35 YEARS, SRI SUCHITA D/O SHANTARAM NAIK AGED 38 YEARS, ALL ARE RESIDENTS OF ASNOTI, KOLAGE, KARWAR 581317. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I. DECLARING THAT THE IMPUGNED AWARD DATED 17-06-2022 PASSED BY THE RESPONDENT NO.1 IN NO.BHUSWA/ KR-VIVA-28(A)-99/2012- 13 VIDE ANNEXURE-A IS VITIATED AND NON-EST.II. QUASH THE IMPUGNED AWARD DATED 17-06-2022 PASSED BY THE RESPONDENT NO.1 IN NO.BHUSWA-KR-VIVA-28(A)-99/2012-13 VIDE ANNEXURE-A AS ARBITRARY, ILLEGAL AND HAVING VITIATED AND RENDERED NON-EST AND WITHOUT APPLICATION OF MIND.III. QUASHING THE ENTIRE PROCEEDINGS IN LAC 28(A)-99/2012-13 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 - 4 - HC-KAR NC: 2025:KHC-D:13132 WP No. 104902 of 2024 RESPECT OF THE RE-DETERMINED AMOUNT OR COMPENSATION. V. ISSUE ANY APPROPRIATE ORDER OR DIRECTION AS THIS HON BLE COURT DEEMS FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR DISMISSAL THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Despite the order dated 10.09.2025, office objections have not been complied with. 2. It appears that the petitioner is not interested in prosecuting the matter. 3. The petition is dismissed for non-prosecution. SD/- (SURAJ GOVINDARAJ) JUDGE AM Ct:pa List No.: 3 Sl No.: 88