- 1 - HC-KAR NC: 2025:KHC-D:15029-DB WA No. 100191 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 4TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. WRIT APPEAL NO. 100191 OF 2025 (LA-RES) BETWEEN: SRI. MOHAN S/O. NARAYAN HEGDE AGE: 84 YEARS, OCC: BUSINESS R/O. P.B. ROAD, NEAR K.C. PARK TQ. AND DIST. DHARWAD-580001 …APPELLANT (BY SRI. K.L. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE SPECIAL LAND ACQUISITION OFFICER K.R.D.C.L/H.D.B.R.T.S. N.W.K.R.T.C. OFFICE TERMINAL BUILDING, B BLOCK, 2ND FLOOR, NEW COURT ROAD, HOSUR, TQ. HUBBALLI DIST. DHARWAD-580021. 3. KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., SAMPARKA SOUDH SY.NO.8, B.E.P. PREMISES (OPPOSITE ORION MALL), Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.07 14:35:07 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15029-DB WA No. 100191 of 2025 DR. RAJKUMAR ROAD, RAJAJUNAGAR, 1ST BLOCK, BENGALURU-560010. REPRESENTED BY ITS MANAGING DIRECTOR. 4. HUBBALLI-DHARWAD URBAN DEVELOPMENT AUTHORITY, P.B. ROAD, NAVANAGAR HUBBALLI, REPRESENTED BY ITS COMMISSIONER. 5. THE COMMISSIONER HUBBALLI DHARWAD MUNICIPAL CORPORATION, TQ HUBBALLI DIST DHARWAD-580002. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1; SRI. C.V. ANGADI, ADVOCATE FOR R2 AND R3; SRI. B.SHARANABASAWA, ADVOCATE FOR R4; SRI. V.M. SHEELAVANT, ADVOCATE FOR R5) THIS WRIT APPEAL IS FILED UNDER ARTICLES SECTION 4 OF THE KARNATAKA WRIT PROCEEDINGS RULES, 1977, PRAYING TO, ALLOW THE APPEAL AND SET-ASIDE THE ORDER DATED. 18.02.2025 IN WP NO.101530/2022(LA-RES) PASSED BY THE LEARNED SINGLE JUDGE, HIGH COURT OF KARNATAKA, DHARWAD BENCH AND ETC.,. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. - 3 - HC-KAR NC: 2025:KHC-D:15029-DB WA No. 100191 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) The unsuccessful petitioner-appellant is before this Court under Section 4 of the Karnataka High Court Act, 1961 questioning order dated 18.02.2025 in WP No.101530/2022 whereunder, the petitioner’s request to quash order dated 25.11.2021(Annexure-L) is rejected. 2. Heard Sri.K.L.Patil, learned counsel for the appellant, Sri.Sharad V.Magadum, learned AGA for respondent No.1 and Sri.C.V.Angadi, learned counsel for respondent Nos.2 and 3 and Sri.B.Sharanabasawa, learned counsel for respondent No.4 and Sri.V.M.Sheelavant, learned counsel for respondent No.5. 3. At the outset, it is seen that the learned single judge disposed of the writ petition holding that this type of matter cannot be gone into, with liberty to file appropriate Reference under Section 35 of Karnataka Highways Act, 1964. - 4 - HC-KAR NC: 2025:KHC-D:15029-DB WA No. 100191 of 2025 4. Learned counsel Sri.K.L.Patil would contend that the endorsement at Annexure-L would indicate that the land of the petitioner-appellant would fall within the margin land which is not correct and the petitioner-appellant would be entitled for award in respect of 1 gunta 10.50 annas in Survey No.66K1 situated at Navaluru village. There is factual dispute and the learned single judge noticing the same has rightly dispose of the writ petition with liberty to approach under Section 35 of the Karnataka Highways Act,1964. 5. In terms of the liberty granted by this Court, the petitioner-appellant has preferred Reference in LAC No.1/2025. If the petitioner-Appellant has already initiated Reference proceedings under Section 35 of Karnataka Highways Act, 1964 it would be appropriate for the petitioner-appellant to prosecute the said proceedings as rightly observed by the learned single judge. This Court would not be in a position to look into the disputed questions. - 5 - HC-KAR NC: 2025:KHC-D:15029-DB WA No. 100191 of 2025 6. In that view of the matter, we are not inclined to entertain the writ appeal. 7. Accordingly, writ appeal stands disposed of. 8. Reference Court is requested to dispose of the Reference as expeditiously as possible. 9. All contentions are left open. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE HMB LIST NO.: 1 SL NO.: 30