- 1 - HC-KAR NC: 2025:KHC-D:15949 WP No. 102973 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 102973 OF 2025 (GM-CPC) BETWEEN: G. MALLIKARJUNA S/O. LATE G. HANUMANTAPPA, AGE: 68 YEARS, R/O. SANGANAKALLU VILLAGE, BALLARI TALUK-583101. …PETITIONER (BY SRI. S. S. YADRAMI, SENIOR COUNSEL FOR SRI. G. V. BHAT, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISTION OFFICER, NATIONAL HIGHWAY AUTHORITY OF INDIA, NATIONAL HIGHWAY 150-A, BALLARI-BYRAPURA SECTION, BALLARI-583101. 2. K. M. RAMALINGAPPA S/O. LATE K.A. BHOJAPPA, AGE: 65 YEARS, R/O. SANGANAKALLU VILLAGE, BALLARI TALUK-583101. 3. S. SHASHIKALA W/O. M. SADASHIVAPPA, AGE: 54 YEARS, R/O. PLOT NO.307, PARVATHINAGAR, 2ND MAIN ROAD, 5TH LINK ROAD, WARD NO.20, BASAVESHWARA NAGAR, BALLARI-583101. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.27 12:54:39 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15949 WP No. 102973 of 2025 4. SMT. T. SARVAMANGALA W/O. T. BASAVARAJA, AGE: 55 YEARS, R/O. H.NO. 39/1, ALLAM STREET, BALEGARONI, BALLARI-583101. 5. J. MALLAPPA S/O. J. SIDDAPPA, AGE: 46 YEARS, R/O. H.NO. 44, LINGAYATH ONI, BALLARI TALUK-583101. 6. S. UMASHANKAR GOUDA S/O. LATE SIDDANAGOUDA, AGE: 36 YEARS, R/O.KARCHEDU VILLAGE AND POST, BALLARI TALUK-583101. 7. CHANDRASHEKHAR S.ABBIGERI S/O. SHARANAPPA, AGE: 36 YEARS, R/O. BEECHI NAGAR, KAPPAGAL ROAD, BALLARI-583101. 8. SMT. K. VISHALAMMA W/O. K. PALAKSHIREDDY, AGE: 60 YEARS, R/O. BYRADEVANAHALLI VILLAGE, BALLARI TALUK-583101. 9. SMT. K. SUJATA W/O. K.YEKANTHAREDDY, AGE: 58 YEARS, R/O. REDDY COMPOUND, OPP. ANUPAMA NURSING HOME, MOKA ROAD, BALLARI-583101. 10. G. VEERAPRASAD REDDY S/O. G. RAMALINGAREDDY, AGE: 44 YEARS, R/O. H.NO.6/306/85, TGL COLONY, ADONI, KURNOOL DISTRICT, ANDRA PRADESH-518001. - 3 - HC-KAR NC: 2025:KHC-D:15949 WP No. 102973 of 2025 11. B. RAMAKRISHNA S/O. B. RAMACHANDRAPPA, AGE: 39 YEARS, R/O.PLOT NO.98, RI RAGHAVA KALYANA COLONY, VIDYA NAGAR PARK, BALLARI-583101. 12. B.RANJITH KUMAR S/O. B.RAMACHANDRAPPA, AGE: 37 YEARS, R/O.PLOT NO.98, SRI RAGHAVA KALYAN COLONY, VIDYA NAGAR PARK, BALLARI-583101. 13. A. B. LOKESH S/O. A. BASAVARAJ, AGE: 50 YEARS, R/O.H.NO.12/1, WARD NO.14, M ULLANGI SANJEEVAPPA STREET, BELLARI-583101. 14. B. CHANDRASHEKHAR S/O. B. ANJINEYALU, AGE: 55 YEARS, R/O. KAPPEGAL ROAD, 1ST CROSS, BALLARI-583101. 15. M. S. CHANDRASHEKHAR S/O. M. S. RAMA RAO, AGE: 73 YEARS, R/O.711/2B, BHAVANI NILAYA, OPP. NANDINI MILK BAR, MOKA ROAD, GANDHI NAGAR, BALLARI. PRESENT ADDRESS: R/O.H.NO.45 UPSTAIRS, 3RD CROSS, NEHRU COLONY, GANDHI NAGAR, BALLARI-583101. 16. SMT. KAMALAMMA W/O. G. DASHARATHA REDDY, AGE: 60 YEARS, R/O. DODDA BASAVESHWARA NILAYA, 3RD MAIN, NEAR ESHWARA TEMPLE, RENUKACHARYA NAGAR, BALLARI-583101. 17. K. RAVICHANDRA S/O. VENKATARAMANA REDDY, AGE: 40 YEARS, - 4 - HC-KAR NC: 2025:KHC-D:15949 WP No. 102973 of 2025 R/O.DODDABASAVESHWARA NILAYA, 3RD MAIN, NEAR ESHWARA TEMPLE, RENUKACHARYA NAGAR, BALLARI-583101. 18. P. K. RAGHAVENDRA S/O. H.K.PRABHAKAR, AGE: 45 YEARS, R/O.56, KAMADHENU, WARD NO.17, HANUMAN NAGAR, BEHIND VISHAL NAGAR, ANANTHPUR ROAD, BALLARI-583101. …RESPONDENTS (BY SRI. BIDAN CHANDAR, AND SRI. SHIVASAI M. PATIL, ADVOCATES FOR R1; SMT. PALLAVI S. PACHHAPURE, ADV. FOR R2 TO R6, R8 TO R18; SMT. YALAGI KAVYA SHIVAPPA, ADV. FOR R7) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR A DIRECTION OR AN APPROPRIATE ORDER IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED ORDER PASSED BY THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE BALLARI DATED 20.12.2024 IN MISC. CASE NO.13/2020 ON I.A. NO. XVIII VIDE ANNEXURE-M AS ILLEGAL AND CONSEQUENTIALLY ALLOW THE I.A. NO.XVIII FILED BY THE PETITIONER UNDER ORDER XXVI RULE 9 R/W SECTION 151 OF CPC AND APPOINT DDLR BALLARI AS COURT COMMISSIONER TO MEASURE THE ACQUIRED EXTENT BY NHAI IN LAND SY.NO. 159/B1 AND 159/B2 OF SANGANAKALLU VILLAGE WITH THE COOPERATION OF RESPONDENT NO.1 NHAI VIDE ANNEXURE-J AND ETC. THIS PETITION, COMING ON FOR HEARING ON IA, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:15949 WP No. 102973 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 2. This petition is filed assailing the order dated 20.12.2024 in Miscellaneous proceeding No.13/2020. In terms of the impugned order, the application filed by the petitioner under Order XXVI Rule 9 of the Code of Civil Procedure (for short ‘Code’) is dismissed. 3. Certain facts are not in dispute. Respondent No.1- National Highway Authority of India (for short ‘NHAI’) acquired certain portion of Survey No.159/B1 and Survey No.159/B2 of Sanganakallu Village, Taluk:Ballari. The total extent of the land said to have been acquired is 13,719 square meters in the aforementioned two survey numbers. 4. The NHAI passed the award and deposited the compensation before the Principal District Judge, Ballari. The amount is deposited as NHAI could not decide as to how much compensation is payable to the petitioner and respondent No.2 - 6 - HC-KAR NC: 2025:KHC-D:15949 WP No. 102973 of 2025 who are the owners of Survey No.159/B1 and Survey No.159/B2 respectively. The Reference under Section 3-H(4) of National Highway Authority Act, 1956 (for short ‘Act, 1956’) is registered as Miscellaneous No.13/2020 referred to above. 5. The petitioner who is respondent No.1 before the Reference Court, filed an application to appoint a Court Commissioner to measure his property and to ascertain as to how much portion of his property in Survey No.159/B1 is acquired by NHAI and also to measure the property bearing Survey No.159/B2 belonging to respondent No.2 of this petition to ascertain as to how much portion of the property is acquired from the said land. 6. Respondent No.2 herein filed objection to said application and Trial Court rejected the application. NHAI did not file objection to the said application before the Reference Court. 7. Learned Senior Counsel Sri S.S.Yadrami, referring to the facts of the case would submit that while acquiring the portion of Survey No.159/B1 and Survey No.159/B2, the NHAI did not measure the property properly and passed a composite - 7 - HC-KAR NC: 2025:KHC-D:15949 WP No. 102973 of 2025 award without indicating as to how much portion of the property is acquired from petitioner's land and from land of respondent No.2. Thus, it is his contention, to apportion the compensation deposited, there has to be a measurement of land to ascertain how much portion of the property is acquired from the land of the petitioner and respondent No.2. 8. The Trial Court rejected the application on the premise that the applicant has also sought information relating to encroachment and Trial Court is of the view that said question would enlarge the scope of enquiry. 9. Learned Senior Counsel appearing for the petitioner at the juncture would submit that the petitioner does not press his prayer to ascertain the encroachment. The petitioner would only seek measurement of the property to ascertain as to how much property is acquired from the land of the petitioner and respondent No.2. 10. Sri Bidan Chandar, the learned counsel appearing for NHAI would submit that NHAI is not a necessary party to this proceeding and the petition against NHAI is to be dismissed as - 8 - HC-KAR NC: 2025:KHC-D:15949 WP No. 102973 of 2025 the compensation payable in respect of acquisition is already deposited before the Reference Court. 11. Learned counsel appearing for respondent No.2 would submit that the Trial court is justified in dismissing the application as the applicant sought to enlarge the scope of enquiry by seeking a query on the alleged encroachment. 12. The Court has considered the contentions raised at the Bar and perused the records. 13. The fact that the portion of petitioner's land and portion of land of respondent No.2 are acquired by National Highway Authority of India is not in dispute. The compensation is also determined and same is deposited before the Court. It is borne out from the record that way back in the year 1993-1994, the property of the petitioner and property of the respondent No. 2 were bifurcated and two different survey numbers were assigned. 14. That being the position, the NHAI ought to have passed the award in respect of two different survey numbers indicating as to how much portion of the property is acquired - 9 - HC-KAR NC: 2025:KHC-D:15949 WP No. 102973 of 2025 from each person's land. That is not done. The NHAI has passed the composite award in respect of aforementioned two survey numbers and deposited the amount without indicating as to how much portion of the properties acquired from the petitioner's land and how much portion of the properties acquired from the land of respondent No.2. 15. Under these circumstances, the Court is of the view that unless the properties are measured and unless it is ascertained as to how much portion of the property acquired from the land of the petitioner and respondent No.2, it is not possible to apportion the compensation deposited by the NHAI. 16. Under these circumstances, the impugned order has to be set aside in part. The Commissioner has to be appointed to measure the petitioner's property as well as the property of the respondent No.2 to ascertain as to how much portion of the property is acquired by the NHAI. 17. The prayer to ascertain the encroachment if any, in the properties of the petitioner is rejected as the said prayer is - 10 - HC-KAR NC: 2025:KHC-D:15949 WP No. 102973 of 2025 not pressed and also in view of the fact that the said prayer is not maintainable given the limited scope of the enquiry. 18. Hence the following: ORDER (i) The Writ Petition is allowed in part. (ii) The impugned Order dated 20.12.2024 in Misc. No. 13/2020 on I.A.No.XVIII is set aside in part. (iii) The Court shall appoint the jurisdictional Deputy Director of Land Records to measure the property of the petitioner i.e., the properties bearing Survey Nos.159/B1 and 159/B2 of Sanganakallu village Taluk:Ballari. (iv) The Commissioner shall report as to how much portion of the property is acquired by National Highway Authority of India in Survey Nos.159/B1 and 159/B2 of Sanganakallu village Taluk:Ballari. (v) It is made clear that this Court has not expressed anything on the merits of the claim of either of the parties relating to the compensation payable. - 11 - HC-KAR NC: 2025:KHC-D:15949 WP No. 102973 of 2025 (vi) The Deputy Director of Land Records shall issue notice to respondents No.3 to 18 who claim to have purchased the property before conducting the survey. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP CT-AN List No.: 1 Sl No.: 39