- 1 - HC-KAR NC: 2025:KHC:26089 W.P. No.1923/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.1923/2020 (GM-CPC) BETWEEN: SRI. U. ABDULLA BEARY S/O U. MOHAMMAD SALMARA AGED ABOUT 70 YEARS PUTTUR KASABA VILLAGE PUTTUR TALUK-574201 DAKSHINA KANNADA. …PETITIONER (BY SRI. B.S. SACHIN, ADV.,) AND: 1. THE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER PUTTUR-574201 DAKSHINA KANNADA DIST. 2. INDIAN COUNCIL OF AGRICULTURAL RESEARCH REPRESENTED BY THE DIRECTOR OF NATIONAL RESEARCH CENTRE FOR CASHEW KEMMINJE VILLAGE PUTTUR TALUK DAKSHINA KANNADA-574201. …RESPONDENTS (BY SRI. B.A. CHANDRASHEKAR, ADV., FOR R2 SRI. JAYALINGAYYA MUDENOORMATH, AGA FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI, OR ANY OTHER ORDER QUASHING THE IMPUGNED ORDER AT ANNX-A DTD 18.04.2013 PASSED BY THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AND ACJM, AT PUTTUR, D.K., IN Digitally signed by RUPA V Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:26089 W.P. No.1923/2020 EXECUTION CASE NO.50/2011 ARISING OUT OF LAND ACQUISITION CASE NO.LAC.5/92 & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed seeking the following relief: "Issue writ of certiorari, or any other order quashing the impugned order at Annexure-A dated 18.04.2013 passed by the Court of Principal Senior Civil Judge and ACJM, at Puttur, D.K., in Execution Case No.50/2011 arising out of Land Acquisition Case No.LAC.5/92." 2. Sri.B.S.Sachin, learned counsel appearing for the petitioner submits that the petitioner, who is the land loser, filed Execution case No.50/2011 seeking to execute the judgment and award passed in LAC No.5/1992. In the said proceedings under the impugned order dated 18.04.2013, the Executing Court accepting the calculation submitted by the judgment debtor No.2, closed the execution proceedings. It is submitted that the Execution Court has committed grave error in closing the execution petition. According to the petitioner, the petitioner is entitled to an amount of Rs.4,22,400/-, which - 3 - HC-KAR NC: 2025:KHC:26089 W.P. No.1923/2020 is an enhanced amount to the extent of 2 acres 64 cents, which has been elaborately explained in paragraph No.4 of the writ petition. Hence, he seeks to allow the petition by setting aside the impugned order of the Executing Court and seeks to remand the matter back to the Executing Court to recalculate the entitlement of the petitioner. 3. Per contra, Sri.B.A.Chandrasekhar, learned counsel appearing for respondent No.2 and the learned Additional Government Advocate appearing for respondent No.1 supports the impugned order of the Executing Court and submits that the Executing Court has appointed the Chartered Accountant to calculate the entitlement of the decree holder and as per the memo of calculation submitted by Sri.S.Rama Bhat, Chartered Accountant appointed by respondent No.2, an amount has been paid, which has been certified by the Chartered Accountant appointed by the petitioner. Hence, they seek to dismiss the petition. 4. I have heard the arguments of the learned counsel for the petitioner, learned counsel for the respondents and perused the material available on record. - 4 - HC-KAR NC: 2025:KHC:26089 W.P. No.1923/2020 5. The petitioner is a land loser, whose land has been acquired for public purpose. The reference Court in LAC No.5/1992 re-determined the compensation at Rs.1,600/- per cent with statutory benefits. To execute the said judgment and award, the petitioner has filed Execution Case No.50/2011. The records indicate that in the said proceedings, the Executing Court appointed a Chartered Accountant at the instance of the petitioner as well as respondent No.2. The Chartered Accountant appointed by respondent No.2 Sri.S.Rama Bhat has submitted the memo of calculation and based on the said memo of calculation, the execution proceedings are closed recording that the judgment and award has been satisfied. 6. Learned counsel for respondent No.2 placed on record the certificate dated 18.04.2013 issued by Sri.Gangadhara P., Chartered Accountant, nominated by the petitioner. The said certificate clearly indicates that the memo of calculation filed by Sri.S.Rama Bhat, Chartered Accountant is correct and agreeable to the petitioner and after issuing the said certificate the petitioner cannot come again and contend that the calculation arrived by the Execution Court is incorrect. - 5 - HC-KAR NC: 2025:KHC:26089 W.P. No.1923/2020 The Execution Court, in fact, has not arrived at any conclusion, but it has relied on the memo of calculation filed by Sri.Rama Bhat, Chartered Accountant and which has been accepted by the Chartered Accountant of the petitioner. When things stood thus, I am of the considered view that the present petition is devoid of merits and is liable to be rejected. Accordingly, the writ petition is rejected. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 38