- 1 - NC: 2025:KHC-D:3819 WP No. 101476 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.101476 OF 2025 (LA-RES) BETWEEN: 1. NAGAPPA HOLEPPA KADAKOL AGED ABOUT 75 YEARS, OCC. AGRICULTURE, R/O. M. K. HUBLI, TQ. BAILHONGAL, DIST. BELAGAVI. 2. GANGADHAR S/O. SHIVANAIK NAIKAR AGED ABOUT 68 YEARS, OCC. AGRICULTURE, R/O. HOLLIHOSUR, TQ. BAILHONGAL, DIST. BELAGAVI. …PETITIONERS (BY SRI SUNIL S. DESAI, ADVOCATE) AND: 1. THE MANAGING DIRECTOR, KARNATAKA NEERAVARI NIGAM LIMITED, COFFEE BOARD BUILDING, NO.1, BENGALURU-560001. 2. THE CHIEF ADMINISTRATIVE OFFICER, KARNATAKA NEERAVARI NIGAM LIMITED, DHARWAD DIVISION, DHARWAD-580001. 3. THE EXECUTIVE ENGINEER, KARNATAKA NEERAVARI NIGAM LIMITED, MLBC DIVISION NO.2, NAVILUTHEERTH, TQ. SAUNDATTI, DIST. BELAGAVI-591126. 4. THE SPECIAL LAND ACQUISITION OFFICER MALAPRABHA PROJECT-III, BAGALKOT-587101. …RESPONDENTS (BY SRIV.S.KALASURMATH, AGA FOR R1 TO R3, SRI M.M.KHANNUR, ADVOCATE FOR R4) ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.27 17:00:46 +0530 - 2 - NC: 2025:KHC-D:3819 WP No. 101476 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER ORDER OF DIRECTIONS DIRECTING THE RESPONDENT NO.1 TO 3 TO PAY THE AWARD AMOUNT TO THE PETITIONER WITH ALL CONSEQUENTIAL BENEFITS PURSUANT TO THE AWARD DATED 07-06-2024 PASSED BEARING NO. VIBHUSWA/MYO3/BA/NASHTABHATRI/33/2024-25 BY RESPONDENT NO.4 PRODUCED VIDE ANNEXURE-D AND ISSUE A WRIT OF MANDAMUS OR ANY DIRECTIONS, DIRECTING THE RESPONDENTS TO PAY INTEREST FOR THE DELAYED PAYMENT PERIOD, IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Sri. V.S.Kalasurmath., learned Additional Government Advocate accepts notice for respondents No.1 to 3. Sri M.M.Khannur., learned counsel accepts notice for respondent No.4. 2. The petitioner is before this Court seeking for the following reliefs: “Issue a writ of mandamus or any other order of directions directing the respondent No.1 to 3 to pay the award amount to the petitioner with all consequential benefits pursuant to the award dated 07-06-2024 passed bearing No. VIBHUSWA/MYO3/BA/NASHTABHATRI/33/2024- 25 by respondent No.4 produced vide Annexure-D and issue a writ of mandamus or any directions, directing the respondents to pay interest for the delayed payment period, in the ends of justice and equity.” - 3 - NC: 2025:KHC-D:3819 WP No. 101476 of 2025 3. The submission of Sri Sunil S.Desai., learned counsel appearing for the petitioner is that the order dated 07.06.2024 at Annexure-D under which an additional amount as regards the damages for use of the premises of the petitioner prior to issuance of 4(1) notification is concerned, is not executable award and as such, the petitioner is before this Court seeking for the aforesaid reliefs. 4. The aspect of damages prior to the 4(1) notification is also an aspect which is required to be taken into consideration while passing of an award by the SLAO. It is because the SLAO did not take that into account that the petitioner had come before this Court when a mandamus was issued and thereafter, in pursuance of the application filed by the petitioner in pursuance of liberty reserved in MFA No.21408/2012, which had been filed by the petitioner for enhancement of the compensation. Thus, he submits that this amount not forming part of the award, cannot be executed. - 4 - NC: 2025:KHC-D:3819 WP No. 101476 of 2025 5. I cannot accede to the said submission as aforesaid, the aspect of damages for usage of the land even prior to the issuance of preliminary notification was something, which was required to be taken into consideration by the SLAO while passing an award. The same not having been considered, this Court in MFA No.21408/2012 permitted the petitioner to file necessary application, which has now been considered and the award date 07.06.2024 has been passed at Annexure-E. The petitioner would be well within his right to initiate execution proceeding in respect of such award if the amount is not paid, a writ petition seeking for a mandamus directing the payment of the amount under an award is not maintainable, this Court cannot be turned into an execution court. Reserving such liberty, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT:GSM List No.: 1 Sl No.: 21