- 1 - HC-KAR NC: 2025:KHC-D:12814 WP No. 102892 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 102892 OF 2025 (GM-CPC) BETWEEN: THE DEFENSE ESTATE OFFICER, KARNATAKA AND GOA CIRCLE, T/56, ASSYE LINE, K KAMRAJ ROAD, BENGALURU-42. …PETITIONER (BY SRI. M. S.HALLIKERI, ADVOCATE) AND: 1. BANU MADA GOWDA SINCE DECEASED BY HIS LRS., SMT. SOMI W/O. BHANU GOWDA, AGE. 75 YEARS, 2. SMT. OMI W/O. NINGA GOWDA, AGE. 59 YEARS, 3. SRI. GOVIND S/O. BHANU GOWDA, AGE. 56 YEARS, 4. SRI. VISHNU S/O. BHANU GOWDA, AGE. 50 YEARS, ALL ARE R/O. AMADALLI VILLAGE, KARWAR. 5. THE SPECIAL LAND ACQUISITION OFFICER, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12814 WP No. 102892 of 2025 PROJECT SEA BIRD NAVAL BASE, MINI VIDHAN SOUDHA, KARWAR. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R5; NOTICE TO R1 TO R4 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER DATED 3/09/2022 PASSED IN EXECUTION CASE NO. 45/2020 BY THE HON BLE COURT OF ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, KARWAR VIDE ANNEXURE-E, IN THE INTEREST OF JUSTICE AND EQUITY. 2. PASS SUCH OTHER ORDER OR ORDERS THAT ARE DEEMED FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned Additional Government Advocate accepts notice for Respondent No. 5. Issuance of notice to the remaining respondents is dispensed with in view of the proposed order to be passed. - 3 - HC-KAR NC: 2025:KHC-D:12814 WP No. 102892 of 2025 2. The petitioner is before this Court seeking for the following reliefs: 1. ISSUE a Writ, Order or Direction in the nature of certiorari by quashing the Order Dated 3/09/2022 passed in Execution Case No. 45/2020 by the Hon’ble Court of Additional Senior Civil Judge and JMFC, Karwar vide Annexure-E, in the interest of justice and equity. 2. Pass such other order or orders that are deemed fit under the facts and circumstances of the case. 3. The lis raised in this petition have already been considered and adjudicated by this Court in W.P. No. 102891/2025. The reasons recorded therein are adopted and incorporated herein by reference. Accordingly, I pass the following: ORDER i) The writ petition is dismissed. ii) In the event of the Petitioner submitting an application to the appropriate Income Tax Authorities, they are directed to refund the amount deposited by the petitioner towards Tax Deducted at Source (TDS), - 4 - HC-KAR NC: 2025:KHC-D:12814 WP No. 102892 of 2025 arising out of the acquisition proceedings, in accordance with law. Sd/- (SURAJ GOVINDARAJ) JUDGE Vb Ct:pa List No.: 1 Sl No.: 7