- 1 - HC-KAR NC: 2025:KHC:36874 WP No. 26937 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 26937 OF 2023 (LA-RES) BETWEEN: 1. SRI HANUMANTHAPPA S/O KADUR HANUMAPPA AGED ABOUT 67 YEARS 2. SRI BALARAJ S/O HANUMAPPA AGED ABOUT 63 YEARS BOTH ARE R/AT TAMATAKALLU VILLAGE, KASABAHOBLI CHITRADURGA TALUK CHITRADURGA DISTRICT- 577 502 3. KAMALAMMA W/O THIPPESWAMY AGED ABOUT 69 YEARS R/AT CHIKKANAHATTI VILLAGE CHALLAKERE TOWN, CHITRADURGA DISTRICT- 577 522 …PETITIONERS (BY SRI. RUDRAPPA P.,ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36874 WP No. 26937 of 2023 OFFICER AND COMPETENT AUTHORITY NATIONAL HIGHWAYS AUTHORITY OF INDIA CHITRADURGA - 577 502 2. SRI HANUMANTHAPPA S/O NARASIMHAPPA AGED ABOUT 55 YEARS 3. SRI THIPPESWAMY S/O NARASIMHAPPA AGED ABOUT 50 YEARS 4. SRI MARUTHI S/O NARASIMHAPPA AGED ABOUT 50 YEARS 5. SMT BASAMMA W/O OBANNA AGED ABOUT 75 YEARS 6. SRI ANJINAMURTHY S/O LATE OBANNA AGED ABOUT 35 YEARS 7. SRI NAGARAJA S/O LATE OBANNA AGED ABOUT 32 YEARS 8. SMT THIPPEERAMMA W/O HANUMANTHAPPA AGED ABOUT 50 YEARS 9. SMT PUTTAMMA W/O PAPANNA AGED ABOUT 57 YEARS - 3 - HC-KAR NC: 2025:KHC:36874 WP No. 26937 of 2023 RESPONDENTS 2 TO 10 ARE R/AT TAMATAKALLU VILLAGE, CHITRADURGA TALUK, CHITRADURGA DISTRICT - 577 502 …RESPONDENTS (BY SRI. SHOBHITH N SHETTY., ADVOCATE FOR R1; SRI.GANAPATI BHAT, ADVOCATE FOR R2 TO R9) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 16/09/2023 IN A.C. NO. 15/2018 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA VIDE ANNEXURE-H AND GRANT THE COMPENSATION IN FAVOUR OF THE PETITIONERS AS PRAYED IN THE STATEMENT OF OBJECTION BEFORE THE TRIAL COURT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: PRELIMINARY HEARING CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this court calling in question an order dated 16.09.2023 passed in AC.No.15/2018 determining the compensation for the acquired land. 2. Heard Shri Rudrappa, learned counsel appearing for the petitioners; Shri Shobith N. Shetty, learned counsel - 4 - HC-KAR NC: 2025:KHC:36874 WP No. 26937 of 2023 appearing for respondent No.1 and Shri Ganapati Bhat, learned counsel appearing for respondents No.2 to 9. 3. The petitioners are plaintiffs in a suit in O.S.No.403/2012, instituted for partition, declaration and incidental reliefs. The suit is said to be pending adjudication before the concerned court. After the institution of the suit, it transpires that the land in 5 acres and 29 Guntas, out of which 4,949 square metres becomes the subject matter of acquisition at the hands of the National Highway. The compensation was determined in AC.No.15/2018. 4. The pendency of the suit is not in dispute. The amount of compensation that is determined by the parties would however remain subject to the result of the suit that is pending. The compensation is to be dispersed today. The suit is of the year 2012. Therefore, I deem it appropriate to permit the parties to file necessary application before the concerned court seeking appropriate release of compensation amount. Since the suit is of the year 2012 and is languishing before the concerned court for the last 13 years, I deem it appropriate to infuse finality into the proceedings with a direction to the - 5 - HC-KAR NC: 2025:KHC:36874 WP No. 26937 of 2023 concerned court to dispose the suit itself, within an outer limit of six months from the date of receipt of the copy of the order. 5. It is made clear the application that would be filed before the concerned court would be considered without being influenced by the order in AC.No.15/2018. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 20 CT:PS