- 1 - HC-KAR NC: 2025:KHC-D:15854-DB WA No. 100365 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH 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. 100365 OF 2023 (LA-RES) BETWEEN: 1. THE SPECIAL LAND ACQUISITION OFFICER, NH-63, DHARAMAHAL, 1ST FLOOR, 5TH CROSS, U.B. HALLI, DHARWAD, TQ. AND DIST. DHARWAD 580001. 2. THE PROJECT DIRECTOR, NH-63, 2ND CROSS, YALAKKI SHETTAR COLONY, VIDYAGIRI, DHARWAD 580001. …APPELLANTS (BY SRI. B.P. MATHAPATI, ADVOCATE) AND: SHRI ANAND S/O LATE TIMMAPPA KADEMANI AGE. 45 YEARS, OCC. AGRICULTURE/ADVOCATE, R/O. RADDIGERI STREET, ANNIGERI, TQ. NAVALGUND, DIST. DHARWAD 582201. …RESPONDENT (BY SMT. V.H. HADIMANI, ADVOCATE) THIS WRIT APPEAL IS FILED UNDER SEC.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE I.A.NO.2/2023 FILED IN WRIT PETITION NO.102403/2023 FOR VACATING THE INTERIM ORDER PASSED ON I.A.NO.1, CONSEQUENTLY SET ASIDE THE INTERIM ORDER OF THE STAY DATED 19/04/2023 FILED IN WRIT PETITION NO.102403/2023 & ETC. THIS MFA 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. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:15854-DB WA No. 100365 of 2023 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Heard the learned counsel Sri. B.P. Mathapati for the appellants and learned counsel Sri. V.H. Hadimani for the respondent. Perused the entire writ appeal papers. 2. The above writ appeal filed under Section 4 of the Karnataka High Court Act, 1961, is directed against interim order dated 19.4.2023 passed in WP No.102403/2023 and order dated 30.05.2023 rejecting IA No.2/2023 filed by the appellants for vacating the interim order. 3. The petitioner approached the learned Single Judge with a prayer to quash the final notification dated 16.12.2019 issued under Section 3D of the National Highways Act, 1956, in respect of the land in Sy.No.327 measuring 0.1574 Hectares situated at Annigeri Taluk and for a writ of mandamus directing the respondents not to - 3 - HC-KAR NC: 2025:KHC-D:15854-DB WA No. 100365 of 2023 interfere with peaceful possession and enjoyment of the land in question. 4. The learned Single Judge having found prima facie grounds, by order dated 19.4.2023, granted exparte interim order directing the respondents not to interfere with the petitioner’s possession over the property till next date of hearing, reserving liberty to the respondents to seek vacation of the interim order. 5. The appellants/respondents, on appearance, filed IA No.2/2023 seeking vacation of the said interim order. The learned Single Judge by order dated 30.05.2023 observed that hearing of IA No.2/2023 is as good as disposing the main matter and therefore, IA No.2/2023 would be taken up along with main matter, by extending the interim order granted earlier. We do not find any error in the impugned order passed by the learned Single Judge. 6. It is submitted by the learned counsel for the appellants that the objections have been filed to the writ - 4 - HC-KAR NC: 2025:KHC-D:15854-DB WA No. 100365 of 2023 petition and the pleadings are also completed. As the interim order is in operation since 2023, we are of the considered view that at this length of time, it may not be appropriate for this Court to disturb the interim order, which is in operation. However, it is open for the appellants to request the learned Single Judge for early disposal of the main writ petition. If such request is made, we are sure that the learned Single Judge would take up the matter and dispose of the same. 7. With the above, writ appeal stands disposed of. Pending applications, if any, are disposed of as not surviving for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE JTR, CT:VP LIST NO.: 1 SL NO.: 21