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2025 DAILYLAW 25206 (KAR)

M/S. RATNAGIRI IMPEX PVT LTD v. THE ARBITRATOR AND

WP/14940/2025 · 2025-07-02

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:23601 WP No. 14940 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 14940 OF 2025 (LA-RES) BETWEEN: M/S. RATNAGIRI IMPEX PVT. LTD., THE COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, REPRESENTED BY ITS CHAIRMAN AND MD, SRI. S.A. VASUDEVAMURTHY, S/O. LATE ANNAPPA SHETTY, AGED ABOUT 76 YEARS, R/AT: ANNAPURNA HOUSE, NO.1/1G, 7TH CROSS, NEW GUDDADAHALLI, MYSORE ROAD, BANGALORE - 560 026. …PETITIONER (BY SMT. RASHMI K., ADVOCATE) AND: 1. THE ARBITRATOR AND DEPUTY COMMISSIONER, RAMANAGARA DISTRICT, RAMANAGARA - 572 159. 2. THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, NH-275 (NHAI) BANGALORE-MYSURU SECTION, KANDAYA BHAVAN, RAMANAGARA - 562 159. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23601 WP No. 14940 of 2025 3. NATIONAL HIGHWAYS AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT, RAMANAGARA, NEAR BASAVANAPURA (RAMADEVARAPADA), RAMANAGARA, RAMANAGARA DISTRICT - 562 159, REPRESENTED BY ITS PROJECT DIRECTOR. …RESPONDENTS (BY SRI. SESHU V., HCGP FOR R1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO DECIDE THE APPLICATION BEARING NO. CR.NO. LAQ/ARB/NH-275/CR58/2021-22 DATED 13.07.2021 FILED BY THE PETITIONER AT (ANNX-E) AND THE ORDER SHEET OF THE SAME IS PRODUCED AS ANNX-F EXPEDITIOUSLY TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard the learned counsel, Smt. Rashmi K., appearing for the petitioner, Sri. Seshu V., learned Addl.SPP, appearing for respondent No.1 and have perused the material on record. - 3 - HC-KAR NC: 2025:KHC:23601 WP No. 14940 of 2025 2. The petitioner is before this Court, seeking for the following prayer: "(a) Issue writ of mandamus or any other appropriate writ or direction, directing the respondent No.1 to decide the application bearing No CR. No. LAQ/ARB/NH-275/CR 58/2021-22 dated 13.07.2021 filed by the petitioner at (Annexure E) and the order sheet of the same is produced as Annexure-F, expeditiously, to meet the ends of justice. (b) Pass any other appropriate order or orders as this Hon'ble Court deems fit to pass in the interest of justice, including the costs of the litigation" 3. Learned counsel appearing for the petitioner would submit that the issue in the lis stands covered by the judgment rendered by this Court in W.P.No.14812/2025 disposed on 17.06.2025, wherein it has held as follows: "2. The land of the petitioner became the subject mater of acquisition in terms of a final notification dated 23.09.2016. The award was passed on 01.02.2017 and the petitioner being dissatisfied with the compensation awarded, filed an application / petition under Section 3G(5) of the National Highways Act, 1956, seeking enhancement of compensation. The said application is filed on 23.06.2021 and we are in the year 2025. For the last four years, the Deputy Commissioner has kept the application of the land loser seeking enhancement of compensation pending, without passing any orders. The act of the Deputy Commissioner is appalling as to how the application is kept pending for four years. Therefore, the Deputy Commissioner shall pass necessary orders, after hearing the petitioner, in accordance with law, within two weeks from the date of receipt of a copy of the order, if not already passed. 3. Accordingly, the writ petition stands allowed." - 4 - HC-KAR NC: 2025:KHC:23601 WP No. 14940 of 2025 4. In the light of the issue standing covered by judgment rendered by this Court supra, the petition stands disposed on the same terms. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 20 CT: BHK