- 1 - HC-KAR NC: 2025:KHC-D:9909 WP No. 105105 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105105 OF 2025 (GM-CPC) BETWEEN: SREE DATTARAYA DEV NISHAPANT WAIWATDAR SRI. DATTA GURU COMMITTEE, TODUR, KARWAR TALUK, REPRESENTED BY ITS SECRETARY, DATTANAND VISHNU VERNEKAR, AGE: 60 YEARS, R/O. NANDAGMADDA, KARWAR-581301, DIST. UTTAR KANNADA. …PETITIONER (BY SRI. K.L.PATIL, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER KONKAN RAILWAY KARWAR-581301. 2. THE CHIEF OFFICER KONKAN RAILWAY CORP. LTD., SHIRWAD KARWAR-581301. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. QUASH THE ORDER DATED 27/03/2024 PASSED IN EP NO. 48/2014 BY THE LEARNED ADDL. SENIOR CIVIL JUDGE KARWAR VIDE ANNEXURE-H. B. ANY OTHER RELIEFS THIS HON’BLE COURT Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9909 WP No. 105105 of 2025 DEEMS FIT MAY PLEASE BE GRANTED IN FAVOUR OF THE PRESENT PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court aggrieved by the order dated 27.03.2024, passed in E.P. No. 48 of 2014, whereby the Execution Petition came to be dismissed on the ground that no award had been passed and placed on record for the purpose of execution. 2. On enquiry, learned counsel for the petitioner fairly submits that, no award has been passed in the matter. He further submits that an ex-gratia payment was calculated, and it is that amount which the petitioner sought to enforce through execution proceedings. 3. Having heard the learned counsel and on perusal of the material on record, this Court is of the opinion that in the absence of a formal award, execution proceedings - 3 - HC-KAR NC: 2025:KHC-D:9909 WP No. 105105 of 2025 are not maintainable in law. Therefore, no infirmity can be found in the order passed by the Executing Court. 4. However, liberty is reserved to the petitioner to take recourse to such remedies as may be available in law, including making appropriate representations to the Special Land Acquisition Officer (SLAO) for passing the necessary award, if permissible. 5. In view of the above observation, the writ petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE VB/Ct:pa/List No.: 1 Sl No.: 28