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2025 DAILYLAW 25218 (KAR)

M/S NUTHAN GLASS PVT LTD v. THE ARBITRATOR AND DEPUTY COMMISSIONER

WP/14849/2025 · 2025-06-10

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19753 WP No. 14849 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 14849 OF 2025 (LA-RES) BETWEEN: M/S. NUTHAN GLASS PVT. LTD., THE COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 REPRESENTED BY ITS DIRECTOR SRI JAYANTHILAL AGED ABOUT 60 YEARS R/AT, NO.99/1, NEW TIMBER YARD LAYOUT MYSORE ROAD, BENGALURU – 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. 3. NATIONAL HIGHWAYS AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT RAMANAGARA, NEAR BASAVANAPURA Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19753 WP No. 14849 of 2025 (RAMADEVARAPADA) RAMANAGARA RAMANAGARA DISTRICT – 562 159 REPRESENTED BY PROJECT DIRECTOR. …RESPONDENTS (BY SRI SPOORTHY HEGDE N., 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/CR 118/2021-22 DTD. 16.11.2021 FILED BY THE PETITIONER AT (ANNX-E) ORDER SHEET OF THE SAME IS PRODUCED AS ANNX-F EXPEDITIOUSLY TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking 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 118/2021-22 dated 16.11.2021 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 - HC-KAR NC: 2025:KHC:19753 WP No. 14849 of 2025 2. Heard Smt. Rashmi K., learned counsel for petitioner and Sri Spoorthy Hegde N., learned High Court Government Pleader for respondent No.1. 3. Facts in brief, germane, are as follows: The petitioner is said to be the owner of the land bearing survey Nos.75/5, 75/6 and 75/4, totally measuring 5615.01 sq. mtrs., situated at Sheshagiri Halli, Bidadi Hobli, Ramanagara District. The lands belonging to the petitioner become the subject matter of acquisition for the purpose of formation of National Highway and is acquired by the National Highways Authority of India on certain compensation. On 23.09.2016, a final notification is issued and the lands are acquired, pursuant to which, on 01.02.2017, the second respondent - Special Land Acquisition Officer is said to have passed an award. Being aggrieved by the said award, it transpires that the petitioner files an appeal before the Deputy Commissioner and Arbitrator under the National Highways Act, 1956. The Deputy Commissioner is said to have heard the matter and reserved for orders on the application on 08.08.2024, close to an year - 4 - HC-KAR NC: 2025:KHC:19753 WP No. 14849 of 2025 has passed by and the fate of this petitioner is marooned in thin air, due to the inaction of the Deputy Commissioner in not passing necessary orders in accordance with law on the application so filed by the petitioner. 4. In the light of the aforesaid facts and the prayer being innocuous, no notice to respondent Nos.2 and 3 need be issued. 5. For the aforesaid facts and reasons, I deem it appropriate to dispose the petition by issuance of a writ in the nature of mandamus, directing the first respondent - Deputy Commissioner to pronounce the order on the application, so reserved on 08.08.2024, within an outer limit of two weeks from the date of receipt of a copy of this order. Accordingly, writ petition is allowed. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 9 CT:SS