- 1 - NC: 2025:KHC:1283 WP No. 23450 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 23450 OF 2022 (LA-RES) BETWEEN: 1. SRI R CHANDRA S/O LATE RAMEGOWDA AGED ABOUT 51 YEARS RESIDING AT RUDRAKSHIPURA ATGUR HOBLI, MADDUR TALUK MANDYA DISTRICT - 571 428. … PETITIONER (BY SRI. T SESHAGIRI RAO., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDANA SUDA BENGALURU - 560 001 2. THE UNION OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS REPRESENTED BY ITS SECRETARY NEW DELHI - 110 001 3. NATIONAL HIGHWAY AUTHORITY OF INDIA OFFICE OF THE COMPETENT AUTHORITY NH -275, BENGAURU-MYSURU SECTION VIDYANAGARA, 2ND CROSS, MANDYA - 571 401 Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1283 WP No. 23450 of 2022 4. THE SPECIAL LAND ACQUISITION OFFICER NATIONAL HIGHWAY AUTHORITY OF INDIA NH-275, BENGALURU-MYSURU SECTION VIDYANAGARA, 2ND CROSS MANDYA - 571 401 5. 6. THE BRANCH MANAGER BANK OF BARODA NIDAGATTA BRANCH NIDAGATTA, ATGUR HOBLI, MADDUR TALUK MANDYA DISTRICT - 571 428 SRI RAMESH … PROPOSED S/O LATE RAMEGOWDA RESPONDENT AGED ABOUT 55 YEARS RESIDING AT RUDRAKSHIPURA ATGUR HOBLI, MADDUR TALUK MANDYA DISTRICT - 571 428. … RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1; SRI B. PRAMOD, ADVOCATE FOR R2; SMT. SRUTI CHAGANTI, ADVOCATE FOR R3 & R4; R5 AND PROPOSED R6 ARE SERVED) *** THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DATED 23.12.2021 ONE ISSUED BY THE R4 TO THE PETITIONER VIDE NO.SLAO.&.C.A./N.H.275/C.R.02/2021-22/574 FOUND AT ANNEXURE-G TO THE WRIT PETITION AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL - 3 - NC: 2025:KHC:1283 WP No. 23450 of 2022 ORAL ORDER This petition concerns the issue regarding apportionment of compensation payable in respect of the land acquired. 2. The case of the petitioner is that he is the absolute owner of the land bearing Survey No.108, RS/1 measuring 1.14.09.92 acres situated at Rudrakshipura Village, Athgur Hobli, Maddur Taluk, Mandya District. That initially on 02.12.2016, an extent of 1665 sq. mtrs of land forming part of the aforesaid survey number was acquired for widening of National Highway No.275 by the respondent authorities. Thereafter, another extent of 1485 sq. mtrs forming part of the very same survey number belonging to the petitioner was acquired. The compensation in respect of aforesaid two bits of lands in a sum of Rs.43,71,914/- and Rs.39,62,461/- was awarded. The respondent authority had even remitted the said amount into the bank account of petitioner. It appears thereafter that there was a claim by one Sri K.Ramesh, - 4 - NC: 2025:KHC:1283 WP No. 23450 of 2022 claiming to be the brother of petitioner seeking disbursement of compensation which prompted the respondent authority to issue a communication to the fifth respondent Bank to restrain the petitioner from operating the bank account. Constrained by the same, the petitioner has approached this Court. 3. This Court, on 16.12.2022 has passed the following order:- "Learned Additional Government Advocate accepts notice for respondent No.1. Sri Madanan Pillai, learned Central Government Counsel accepts notice for respondent No.2. Sri Shobith N.Shetty, learned counsel is directed to take notice for respondents 3 and 4. Copies to be served. Issue emergent notice to respondent No.5 returnable by 17.01.2023. In the meanwhile, impugned notice dated 23.12.2021 at Annexure-G issued by respondent No.4 is stayed and the petitioner is permitted to operate the Bank Account bearing No.73410100004673 with respondent No.5, till the next date of hearing, subject to undertaking affidavit to be filed by the petitioner before this Court within a period of two weeks from today to the effect that in the event the petitioner does not succeed in the present writ petition, petitioner would repay/refund the entire compensation deposited in the aforesaid account by the respondents together with interest as directed by this Court.". - 5 - NC: 2025:KHC:1283 WP No. 23450 of 2022 4. Learned counsel for respondent authority submits that, since there is a claim and counter claim made by the petitioner and his family members, the same requires to be adjudicated by the jurisdictional District Court in terms of sub-section (4) of Section 3H of the National Highways Act, 1956 ('the Act' for short). She further submits that a reference in this matter will be made by the respondent authorities to the District Court as required under law. She also submits that till such time, the petitioner be directed to continue the undertaking given to this Court. 5. Learned counsel for the petitioner in response submits that the petitioner will keep up the undertaking given to this Court until determination of issue by the District Court in terms of sub-section (4) of Section 3H of the Act, in the event of respondent authorities referring the matter for determination. 6. Submission is taken on record. - 6 - NC: 2025:KHC:1283 WP No. 23450 of 2022 7. Accordingly, petition is disposed of. the respondent authorities to make a reference as submitted above, in terms of sub-section (4) of Section 3H of the Act, within a period of thirty days from the date of receipt of certified copy of this order. Upon such reference being made, the matter be determined in accordance with law by the competent District Court as contemplated under sub-section (4) of Section 3H of the Act. In the meanwhile, the petitioner shall continue to abide by the undertaking given to this Court until determination of issue by the competent District Court. 8. In view of disposal of writ petition, I.A.Nos.1, 2 and 3 of 2023 do not survive for consideration and are accordingly disposed of. Sd/- (M.G.S. KAMAL) JUDGE VGR