- 1 - HC-KAR NC: 2025:KHC-D:11071-DB WA No. 100227 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF AUGUST 2025 PRESENT THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 100227 OF 2025 (LA-RES) BETWEEN: 1. NAGAPPA HOLEPPA KADAKOL, AGED ABOUT 75 YEARS, OCC: AGRICULTURE, R/O. M.K. HUBLI, TQ: BAILHONGAL, DIST: BELAGAVI-591102. 2. GANGADHAR S/O. SHIVANAIK NAIKAR, AGED ABOUT 68 YEARS, OCC: AGRICULTURE, R/O. HOLLIHOUSR, TQ: BAILHONGAL, DIST: BELAGAVI-591102. …PETITIONERS (BY SRI. VIKRAM HUILAGOL, SENIOR COUNSEL FOR SRI. SHIVAPRASAD SHANTANAGOUDAR & SRI. SUNIL DESAI, ADVOCATES) 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, YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:11071-DB WA No. 100227 of 2025 DHARWAD DIVISION, DHARWAD, DIST: 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, DIST: BAGALKOT-587101. …RESPONDENTS (BY SRI. S.M. KALAWAD, ADVOCATE FOR R1-R3; SRI. ASHOK KATTIMANI, AGA FOR R4) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961 PRAYING TO CALL FOR RECORDS IN W.P. NO.101476/2025 (LA-RES) AND AFTER EXAMINING THE SAME; SET ASIDE THE IMPUGNED ORDER DATED 25.02.2025 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT IN W.P. NO.101476/2025 (LA-RES) AND ETC. THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA - 3 - HC-KAR NC: 2025:KHC-D:11071-DB WA No. 100227 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR) This Intra Court appeal by the writ petitioners in W.P.No.101476/2025 is directed against the impugned order dated 25.02.2025, whereby the said writ petition filed by the appellants was dismissed by the learned Single Judge. 2. Heard learned Senior Counsel for the appellants, learned counsel for respondent Nos.1 to 3 and learned Additional Government Advocate for respondent No.4 and perused the material on record. 3. A perusal of the material on record will indicate that on 07.06.2024, respondent No.4 – SLAO passed an award directing payment of compensation in favour of the appellants – writ petitioners. Since the said payment was not made by respondent Nos.1 to 3 – beneficiaries, the petitioners approached the learned Single Judge in W.P.No.101476/2025 seeking direction to respondent Nos.1 to 3 to pay the award amount to the appellants with all consequential benefits, pursuant to award - 4 - HC-KAR NC: 2025:KHC-D:11071-DB WA No. 100227 of 2025 dated 07.06.2024 passed by the 4th respondent – SLAO and for interest, cost, etc., by issuing certain directions. 4. By final order dated 25.02.2025, the learned single judge disposed of the writ petition on the ground that the appellants – writ petitioners had an equally efficacious and alternative remedy by seeking recourse to execution proceedings and consequently the question of converting the writ Court into an executing Court would not arise and by reserving liberty in favour of the appellants – writ petitioners, the learned Single Judge disposed of the writ petition. Aggrieved by the impugned order passed by the learned Single Judge, the appellants are before this Court by way of the present appeal. 5. Learned Senior Counsel for the petitioners would reiterate the various contentions urged in the memorandum of appeal and referred to the material on record, in order to point out that under identical circumstances, respondent Nos.1 to 3 – KNNL approached this Court in W.P.No.116112/2019, which was disposed of by the learned Single Judge vide order dated 13.12.2021 directing respondent Nos.1 to 3 – KNNL to deposit the amount in terms of the award within a stipulated time frame. - 5 - HC-KAR NC: 2025:KHC-D:11071-DB WA No. 100227 of 2025 It was submitted that respondent Nos.1 to 3 – KNNL preferred a writ appeal in W.A.No.100240/2023, which was again disposed of by the Division Bench of this Court vide final order dated 30.08.2023 dismissing the appeal and by directing the KNNL to make payment and permitting the claimants to withdraw the deposited amount. It is also pointed out that, identical orders have been passed by this Court in Annexures-E, E1, E2 and E4. Learned Senior Counsel also invite our attention to the order dated 14.12.2023 passed in SLP(Diary)No.51311/2023, whereby Hon’ble Apex Court has confirmed the order passed by this Court subject to modifying the same and directing the claimants to provide security to the satisfaction of the Trial Court. It is therefore submitted that the order of the learned Single Judge deserves to be set aside and the writ petition filed by the appellant deserves to be allowed. 6. Per contra learned counsel for respondent Nos.1 to 3 – KNNL submits that, aggrieved by the award dated 07.06.2024 passed by the 4th respondent – SLAO, the KNNL has preferred a writ petition in W.P.(FR) Nos.106766/2025 and 106767/2025 on 30.08.2025 in relation to both the appellants herein and as such - 6 - HC-KAR NC: 2025:KHC-D:11071-DB WA No. 100227 of 2025 question of interfering with the impugned orders would not arise in the facts and circumstances of the instant case. 7. By way of reply, learned Senior Counsel for the appellants on instructions submits that since aforesaid orders passed by this Court as well as the Hon’ble Apex Court have not been considered by the learned Single Judge while passing the order in question, the said order may be set aside and the matter may be remitted back to the learned Single Judge for reconsideration afresh along with W.P.(FR).Nos.106766/2025 and 106767/2025 in accordance with law. 8. Per contra learned counsel for respondent Nos.1 to 3 – KNNL fairly submits that, the aforesaid orders passed by this Court and Hon’ble Apex Court have not been considered by the learned Single Judge while passing the order under challenge and during the pendency of the present appeal, the respondent Nos.1 to 3 – KNNL have filed the aforesaid W.P.(FR).Nos.106766/2025 and 106767/2025 and appropriate orders may be passed accordingly. - 7 - HC-KAR NC: 2025:KHC-D:11071-DB WA No. 100227 of 2025 9. The aforesaid facts and circumstances and submissions made by both the sides will clearly indicate that, the aforesaid order passed by this Court and the Hon’ble Apex Court under identical circumstances were not noticed or considered by the learned Single Judge of this Court while passing the orders under challenge in the present appeal. In addition thereto, the subject matter of the writ petition before the learned Single Judge in the present appeal also pertains to the aforesaid award dated 07.06.2024 passed by respondent No.4 – SLAO, which has been challenged by the respondent Nos.1 to 3 – KNNL in W.P.(FR) Nos.106766/2025 and 106767/2025. 10. Under these circumstances, though several contentions have been urged by both the sides in support of their respective claims, without expressing any opinion on the merits / de-merits of the rival contentions of the parties and in order to a give finality to the dispute between the parties and to avoid multiplicity of the proceedings and passing of conflicting orders, we deem it just and appropriate to set aside the order dated 25.02.2025 passed in W.P.No.101476/2025 by the learned Single Judge and remit the matter back to the learned Single - 8 - HC-KAR NC: 2025:KHC-D:11071-DB WA No. 100227 of 2025 Judge for reconsideration afresh in accordance with law along with W.P.(FR) Nos.106766/2025 and 106767/2025. 11. In the result, the following: ORDER (i) The writ Appeal is hereby allowed. (ii) The impugned order dated 25.02.2025 passed in W.P.No.101476/2025 by the learned Single judge is hereby set aside. The matter is remitted back to the learned Single Judge for reconsideration afresh, along with W.P.(FR) Nos.106766/2025 and 106767/2025 in accordance with law. (iii) All rival contentions of the parties on all aspects of the matter are kept open. No opinion is expressed on the same. (iv) Having regard to the long pendency of the proceedings, registry is directed to post W.P.No.101476/2025 along with W.P.(FR) Nos.106766/2025 and 106767/2025 before the learned Single Judge on 08.09.2025. - 9 - HC-KAR NC: 2025:KHC-D:11071-DB WA No. 100227 of 2025 In view of disposal of the writ appeal, pending applications, if any, do not survive for consideration and the same are accordingly disposed of. Sd/- (S.R. KRISHNA KUMAR) JUDGE Sd/- (C.M. POONACHA) JUDGE EM CT-MCK : List No.: 1 Sl No.: 21