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2025 DAILYLAW 3784 (KAR)

SRI PANDURANG ALIAS PANDU S/O RAMA LAD v. THE ARBITRATOR LAND ACQUISITION

WP/101003/2025 · 2025-02-14

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:3069 WP No. 101003 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 101003 OF 2025 (LA-RES) BETWEEN: SRI. PANDURANG @ PANDU S/O. RAMA LAD, AGE: MAJOR, OCC: AGRICULTURE, R/O. KACHERI GALLI, MACHHE, TAL AND DIST: BELAGAVI-14. …PETITIONER (BY SRI. PRASAD PATIL, ADVOCATE) AND: 1. THE ARBITRATOR LAND ACQUISITION [NH 4A] NHAI AND THE DEPUTY COMMISSIONER, BELAGAVI-01. 2. THE ASST. COMMISSIONER AND SUB-DIVISION, BELAGAVI AND COMPETENT AUTHORITY FOR LAND ACQUISITION OF NH 4A, [FROM K M 84.00 BELAGAVI-GOA/KNT BORDER SECTION] 3. NATIONAL HIGHWAY AUTHORITY OF INDIA, SBI LANE, OPP. TO SHIVAM RESIDENCY, SHARADA ENCLAVE, 2ND FLOOR, PLOT NO.255, CTS NO.9216, SHIVABASAV NAGAR, BELAGAVI-590010. 4. THE PROJECT DIRECTOR (PIU), NATIONAL HIGHWAY AUTHORITY OF INDIA, 2ND CROSS, SATTUR COLONY, VIDYAGIRI, DHARWAD-580004. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1 & R2; SRI. B.P. MATAPATHI, ADVOCATE FOR R3 & R4) ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.17 12:37:55 +0530 - 2 - NC: 2025:KHC-D:3069 WP No. 101003 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO 4 (MORE SPECIFICALLY NHAI I.E., RESPONDENT NO.3 AND 4) TO CONSIDER THE REPRESENTATION DATED 19-04-2024 GIVEN BY THE PETITIONER WHICH IS PRODUCED AT ANNEXURE-B, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondents No.1 and 2. Sri. B. P. Matapathi, learned counsel, accepts notice for respondents No.3 and 4. 2. The petitioner is before this Court seeking for the following reliefs: a) Issue a Writ in the nature of Mandamus directing the Respondent No.2 to 4 (More specifically NHAI i.e., Respondent No.3 and 4) to consider the Representation dated 19-04-2024 given by the petitioner which is produced at Annexure-B, in the interest of justice and equity. b) Issue such other suitable Order/s Or Direction/s as this Hon’ble Court deems fit and proper in the nature and circumstances of the present case in hand, in the interest of justice and equity. - 3 - NC: 2025:KHC-D:3069 WP No. 101003 of 2025 3. A mandamus sought for is for consideration of the representation submitted to the NHAI for payment of the amount awarded by the arbitrator in the award passed under Section 3G of the National Highways Act, 1956. 4. The petitioner is required to file execution proceedings to execute the award passed by the arbitrator. A writ petition for mandamus is not maintainable. 5. Reserving the above liberty, the petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 59