- 1 - HC-KAR NC: 2025:KHC-D:16544 WP No. 105858 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 105858 OF 2023 (LA-RES) BETWEEN: SRI. F. SRINIVAS S/O. F. SHANMUKAPPA, AGE: 47 YEARS, OCC: AGRI & BUSINESS, R/O: 4TH WARD, SIDDIKERI, GANGAVATHI, DIST: KOPPAL – 583 231. … PETITIONER (BY SRI. S.S.YADRAMI, SENIOR ADVOCATE A/W SRI. GIRISH V. BHAT, ADVOCATE) AND: 1. F. SHANMUKAPPA S/O. FAKIRAPPA, AGE: 73 YEARS, OCC: BUSINESS, R/O: SIDDEKERI, GANGAVATHI TQ, DIST: KOPPAL – 583 231. 2. THE SPECIAL LAND ACQUISITION OFFICER MUNIRABAD MEHABOOB NAGAR RAILWAY LINE CONSTRUCTION PROJECT SINDHANUR, DIST: RAICHUR – 584 128. 3. DEPUTY CHIEF ENGINEER, SOUTH WESTERN RAILWAYS(CONSTRUCTION) HUBBALLI, DIST: DHARWAD – 580 001. 4. DEPUTY COMMISSIONER, KOPPAL, D. C. OFFICE, KOPPAL – 583 231. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R2 & R4; SRI. M.B.KANAVI, ADVOCATE FOR R3; SMT. VAIBHAVI INAMDAR, ADVOCATE FOR SRI. D.M.KULKARNI, ADVOCATE FOR R1 Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16544 WP No. 105858 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR A DIRECTION OR AN APPROPRIATE ORDER IN THE NATURE CERTIORARI QUASHING THE IMPUGNED ORDER PASSED BY THE LEARNED SENIOR CIVIL JUDGE, GANGAVATI DATED 04.03.2023 REJECTING THE I.A. NO. 3 OF THE PETITIONER IN THE LAC NO. 21/2017 VIDE ANNEXURE-F TO THE WRIT PETITION. CONSEQUENTIALLY ALLOW I.A. NO. 3 FILED BY THE PETITIONER UNDER ORDER 1 RULE 10(2) OF CPC AND PERMIT HIM TO BE ADDED AS CLAIMANT NO.2 IN THE SAID CASE LAC 21/2017 ANNEXURE – D DATED 11.08.2021 AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: “A. Issue a writ or a direction or an appropriate order in the nature certiorari quashing the impugned order passed by the Learned Senior Civil Judge, Gangavati dated 04.03.2023 rejecting the I.A. No. 3 of the petitioner in the LAC No. 21/2017 vide Annexure-F to the writ petition. B. Consequentially allow I.A. No. 3 filed by the petitioner under Order 1 Rule 10(2) of CPC and permit him to be added as claimant No.2 in the said case LAC 21/2017 Annexure – D dated 11.08.2021. C. Pass such other Orders and grant such other reliefs deemed fit and proper in the circumstances of the case, in the interest of justice and equity.” 2. Heard the learned Senior Counsel Shri S.S. Yadrami along with Shri Girish V.Bhat, learned counsel appearing for the petitioner; learned counsel Smt. Vaibhavi Inamdar for Shri D.M. - 3 - HC-KAR NC: 2025:KHC-D:16544 WP No. 105858 of 2023 Kulkarni, learned counsel appearing for respondent No.1; Smt. Girija S.Hiremath, learned HCGP appearing for respondent Nos.2 to 4; and Shri M.B. Kanavi, learned counsel appearing for respondent No.3. 3. The petitioner, as observed hereinabove, is before this Court calling in question the order dated 04.03.2023, by which the application filed by the petitioner in LAC No.21 of 2017 seeking to implead himself as a party-respondent came to be rejected. It is this rejection that is challenged in the case at hand. 4. Learned counsel, Smt. Vaibhavi Inamdar, submits that the issue in the lis stands fully covered by decision of the Co-ordinate Bench passed in W.P. No.200812 of 2024, disposed on 20th December 2024. Learned counsel submits that the Co-ordinate Bench, considering an identical set of facts in the conglomeration of cases, had directly set aside the order allowing an application under Order 1 Rule 10 and permitting the impleading applicants to come on record therein. - 4 - HC-KAR NC: 2025:KHC-D:16544 WP No. 105858 of 2023 5. In light of the issue having been completely answered, further delving deep into the matter would not require. 6. Learned Senior counsel gracefully accepts that the present case is covered by the said order. 7. Therefore, the petition deserves to be disposed in the same terms. The operative portion of the order dated 20th December 2024 in W.P. No.200812 of 2024 and connected matters reads as under: “ORDER i) W.P.No.200812/2024 is allowed, a certiorari is issued, the impugned order dated 06.02.2024 passed on I.A.No.2 in LAC No.107/2018 pending on the file of Additional District and Sessions Judge, Bidar at Annexure-H is quashed. ii) W.P.No.201485/2024 is allowed, a certiorari is issued, the impugned order dated 27.05.2024 passed on I.A. under Order I Rule 10(2) of CPC in LAC No.61/2022 pending on the file of Additional District and Sessions Judge, Bidar at Annexure-F is quashed. iii) W.P.No.201486/2024 is allowed, a certiorari is issued, the impugned order dated 27.05.2024 passed on I.A. under Order I Rule 10 of CPC in LAC No.60/2022 pending on the file of Additional District and Sessions Judge, Bidar at Annexure-G is quashed. - 5 - HC-KAR NC: 2025:KHC-D:16544 WP No. 105858 of 2023 iv) Liberty is reserved to the impleading applicants in all the above matters to approach the Deputy Commissioner seeking for reference of their respective claims to the Reference Court and if a reference is made by the Deputy Commissioner, it shall be made to the very same reference court before whom the other references are pending, the Reference Court is directed to consider all the aspects together and pass necessary orders. v) In the event of the reference court disposing of the pending references before a reference is made on the claim of the impleading applicants or the collector not referring the claims of the impleading applicants to the reference court, liberty is reserved to the impleading applicants to initiate such proceedings as are permissible, in which event the impleading applicants will have the benefit of Section 14 of the Limitation Act, as regards the time spent in the above proceedings from the time of filing of the impleading application.” 8. In the light of the issue standing covered by the judgment passed by the Co-ordinate Bench of this Court (supra), on all its fours and on the same reasons, the subject petition also stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE VNP / CT-ASC List No.: 1 Sl No.: 121