SRI NARAYANASWAMY v. THE ARBITRATOR AND DISTRICT COMMISSIONER
WP/30658/2025 · 2025-11-06
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 68744 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 68744 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:45096 WP No. 30658 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 30658 OF 2025 (GM-RES) BETWEEN:
1.
SRI NARAYANASWAMY S/O LATE RAMACHANDRAPPA AND GOWRAMMA AGED ABOUT 54 YEARS,
2.
SMT. SHANTHAMMA.P W/O LATE LAKSHMIPATHY AGED ABOUT 41 YEARS,
3.
SMT. GOWRAMMA W/O LATE VENKATESH AGED ABOUT 39 YEARS
4.
SMT. SARASAMMA D/O LATE RAMACHANDRAPPA AND GOWRAMMA AGED ABOUT 45 YEARS,
ALL ARE RESIDING AT REDDIHALLI VILLAGE BETHAMANGALA HOBLI, KGF TALUK, KOLAR - 563 101
…PETITIONERS (BY SRI. CHOKKAREDDY., ADVOCATE)
AND:
1.
THE ARBITRATOR AND DISTRICT COMMISSIONER BANGALORE - CHENNAI EXPRESS NATIONAL HIGHWAY DEPUTY COMMISSIONER OFFICE KUMBARAHALLI KOLAR 563 101
2.
THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY NHAI, BANGALORE CHENNAI EXPRESS HIGHWAY
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:45096 WP No. 30658 of 2025
NEERUBHAVI KEMPEGOWDA LAYOUT, HEBBAL, BANGALORE – 24
3.
THE DEPUTY GENERAL MANAGER (TECHNICAL) AND PLANNING DIRECTOR NHAI, BANGALORE CHENNAI EXPRESS HIGHWAY PIU, SY.NO.13 AND 14TH KM NAGASANDRA, BANGALORE - TUMKUR ROAD BANGALORE - 73
…RESPONDENTS (BY SRI. B.V. RAVINDRANATH., AGA FOR R1 & R2;
V/O DATED 06.11.2025 NOTICE TO R3 IS D/W)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO IS FILED PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH ANNX-A ORDER DTD 01.08.2025 IN A.P NO. 11/2024 PASSED BY THE PRL. DISTRICT AND SESSIONS JUDGE AND ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Learned AGA accepts notice for Respondents No.1 and
2. Notice to Respondent No.3 is dispensed with in view of the proposed order to be passed.
2. The petitioners are before this Court seeking for the following reliefs; a. Issue writ of certiorari to quash Annexure-A, order dated 01.08.2025 in A.P.No.11/2024 passed by the Principal District & Sessions Judge;
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HC-KAR NC: 2025:KHC:45096 WP No. 30658 of 2025
b. Issue writ of certiorari to quash Annexure-A1, order dated 15.09.2023 passed by the Respondent No.1 in ARB/BCE/KGF/125/2021.
c. To grant such other reliefs and deems fit under
facts and circumstances of the case by allowing the writ petition, in the interest of justice and equity.
3. What is being challenged is the dismissal of an application of a challenge made to an arbitral award under Section 34 by the Principal District and Sessions Judge at Kolar in AP No. 11/2024.
4. Allowing or rejecting a challenge to an arbitral award under Section 34 is an appealable in terms of Section 37(1)(c) of the Arbitration and Conciliation Act, 1996.
5. Reserving liberty to the petitioner to file such an appeal by extending the benefit of Section 14 of the Limitation Act, Writ Petition stands disposed.
SD/- (SURAJ GOVINDARAJ) JUDGE
PRS List No.: 1 Sl No.: 41