- 1 - HC-KAR NC: 2025:KHC-D:13141 WP No. 105049 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. 105049 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 CORPORTION 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 ACQUISITION OFFICER KONKAN RAILWAY AND ASSISTANT COMMISSIONER KARWAR SUB-DIVISION, AT KARWAR-581201. 2. DEPUTY COMMISSIONER UTTAR KANNADA DISTRICT, OFFICE OF THE DEPUTY COMMISSIONER, AT KARWAR-581301. 3. MUKUND NEELKANTH DESAI (DEAD BY LRS) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13141 WP No. 105049 of 2024 3A) PRASAD S/O MUKUND DESAI AGED MAJOR 3B)SANDEEP S/O MUKUND DESAI AGED MAJOR 3C) NILESH S/O MUKUND DESAI AGED MAJOR, NO 3 A) TO 3 C) ALL RESIDING AT FLAT NO 604, SECTOR NO. 28, PRADHIKARAN, GANGANAGAR, PUNE, MAHARASHTRA-411018. 4. PRAKASH NEELKANTH DESAI (DEAD BY LRS) 4A) PRITAM S/O PRAKASH DESAI, AGED MAJOR, R/O SAKET, 11/22, OPP. PCMT DEPT, SANT TUKARAM NAGAR, PIMPRI, PUNE, MAHARASHTRA-411018. …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 21.11.2022 PASSED BY THE RESPONDENT NO.1 IN NO.BHUSWA.KR-28(A)/VIVA-613/2013- 14 VIDE ANNEXURE-A IS VITIATED AND NON-EST.II. QUASH THE IMPUGNED AWARD DATED 21.11.2022 PASSED BY THE RESPONDENT NO.1 IN NO.BHUSWA.KR-28(A)/VIVA-613/2013- 14 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)-270/2012-13 ON THE FILE OF RESPONDENT NO.1 VIDE ANNEXURE-A, AS ILLEGAL AND 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-DETERMINATED AMOUNT/COMPENSATION. - 3 - HC-KAR NC: 2025:KHC-D:13141 WP No. 105049 of 2024 V. QUASHING THE ENTIRE PROCEEDINGS IN KHURWA KR 28(A)/VIVA-613/2013-14 ON THE FILE OF RESPONDENT NO.VIDE ANNEXURE-A, AS ILLEGAL AND ARBITRARY AND ULTRA VIRES SECTION 28-A. 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.: 97