- 1 - NC: 2025:KHC-D:6461 WP No. 100659 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 100659 OF 2024 (LA-RES) BETWEEN: 1. M/S. SHODHA MOTORS PRIVATE LIMITED, AT: RAYAPUR, TQ: AND DIST: DHARWAD. 2. PRAKASH RAMACHANDRA NAYAK, AGE: 59 YEARS, OCC: BUSINESS, AT: SATTUR, TQ: AND DIST: DHARWAD. 3. M/S P.R.N. HOTELS PRIVATE LIMITED, AT: SATTUR, TQ: AND DIST: DHARWAD. TO 1 AND 3 REPRESENTED BY PRAKASH S/O RAMACHANDRA NAYAK, AGE: 59 YEARS, OCC: BUSINESS, R/O: DOLLORS COLONY, GOKUL ROAD, HUBBALLI, DHARWAD-580 030. … PETITIONERS (BY SRI. G.R. GURUMATH, SENIOR COUNSEL FOR SRI. S.S. NIRANJAN, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTEMENT OF KARNATAKA PUBLIC WORKS, PORTS AND INLAND WATER TRANSPORT DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001, REP. BY IT’S SECRETARY. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6461 WP No. 100659 of 2024 2. HUBLI DHARWAD BRTS COMPANY LTD. (DIRECTOR OF URBAN LAND TRANSPORT), 1ST FLOOR, KSFC BUILDING, RAYAPUR, P.B. ROAD, DHARWAD-580 009, BY ITS MANAGING DIRECTOR. 3. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO: VIDYANAGAR, HOSUR, HUBBALLI-580 021, TQ: HUBBALLI, DIST: DHARWAD. 4. HUBLI DHARWAD MUNICIPAL CORPORATION, STATION ROAD, HUBBALLI, DIST: DHARWAD-580 020, REPRESENTED BY ITS COMMISSIONER. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. C.V. ANGADI, ADVOCATE FOR R2-R3; SRI. G.I. GACHHINAMATH, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.G.R.Gurumath., Senior Counsel on behalf of Sri.S.S.Niranjan., for the petitioners, Smt.Kirtilata R.Patil., HCGP for respondent No.1, Sri.C.V.Angadi., counsel for respondents 2 and 3 and Sri.G.I.Gachhinamath., counsel for respondent No.4 have appeared in person. - 3 - NC: 2025:KHC-D:6461 WP No. 100659 of 2024 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the endorsements dated:12.02.2015 and 23.06.2015 in respect of Block Nos.188 and 110/3B issued by the third respondent vide Annexures-C and C1 and to quash the award dated:27.03.2017 in respect of Block Nos.109/1B/1 and 109/1B/2 passed by the third respondent vide Annexure-D. 3. Counsel representing on behalf of the respective parties jointly submits that the issue involved in the present Writ Petition is squarely covered by the order passed by the Co- ordinate bench of this Court in Writ Petition Nos.108208 – 108209/2016 (LA-RES) along with connected matters disposed of on 22.12.2021 and also the decision of the Division Bench of this Court in Writ Appeal No.100266/2022 along with connected matters disposed of on 07.10.2023. Hence, the present Writ Petition may be disposed of in terms of the order passed by the Co-ordinate bench of this Court in Writ Petition Nos.108208 – 108209/2016 (LA-RES) along with connected matters disposed of on 22.12.2021 and also the judgment of the Division Bench of this Court in Writ Appeal No.100266/2022 along with connected matters disposed of on 07.10.2023. - 4 - NC: 2025:KHC-D:6461 WP No. 100659 of 2024 4. Submission is placed on record. Accordingly, I pass the following: ORDER i) The Writ Petition is allowed. The endorsements dated:12.02.2015 and 23.06.2015 in respect of Block Nos.188 and 110/3B issued by the third respondent vide Annexures-C and C1 and the award dated:27.03.2017 in respect of Block Nos.109/1B/1 and 109/1B/2 passed by the third respondent vide Annexure-D are quashed; ii) It is declared that the impugned endorsements issued by the Special Land Acquisition Officer, Karnataka Road Development Corporation Limited denying the compensation to the petitioners is held to be in violation of Article 300A of the Constitution of India; iii) The Special Land Acquisition Officer, Karnataka Road Development Corporation Limited is hereby directed to pass an award and pay compensation to the petitioners in accordance with law along with after - 5 - NC: 2025:KHC-D:6461 WP No. 100659 of 2024 notifying the petitioners within a period of three months from receipt of certified copy of this order. iv) The Revenue Authorities concerned are hereby directed to delete the name of the Hubli - Dharwad Municipal Corporation from the revenue records in respect of portion of properties which are earmarked as road margin area in the respective approved layout plans and which are not acquired for the purpose of BRTS project. v) It is made clear that the Special Land Acquisition Officer, Karnataka Road Development Corporation Limited shall verify actual extent of properties acquired for BRTS project and thereafter pass an award. vi) Liberty is reserved in favor of the petitioners to seek enhancement of compensation, after fresh awards passed by the third respondent pursuant to this order by taking recourse to such remedies as available in law. - 6 - NC: 2025:KHC-D:6461 WP No. 100659 of 2024 vii) The disposal of this Writ Petition is subject to the out come of the Special Leave Petition Nos.6293- 6296/2024 pending before the Hon’ble Apex Court. Sd/- (JYOTI MULIMANI) JUDGE RH LIST NO.: 1 SL NO.: 18