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2025 DAILYLAW 77479 (KAR)

H S NAGANNA v. THE SPECIAL DEPUTY COMMISSIONER AND COMPETENT AUTHORITY

WP/7217/2025 · 2025-09-08

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35281 WP No. 7217 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7217 OF 2025 (LA-RES) BETWEEN: H.S.NAGANNA, AGED ABOUT 66 YEARS, S/O ANNAPPA SETTY, HALUVAGILU VILLAGE, HASSAN TALUK, HASSAN DISTRICT. [SENIOR CITIZEN BENEFIT NOT CLAIMED] …PETITIONER (BY SRI. AISHWARYA HEGDE M.V., ADVOCATE) AND: 1. THE SPECIAL DEPUTY COMMISSIONER AND COMPETENT AUTHORITY, MANGALORE-BANGALORE PIPELINE PROJECT, NO.332, DARUL SALAM BUILDING, QUEENS ROAD, BENGALURU – 560 052. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35281 WP No. 7217 of 2025 2. PETRONET MHB LIMITED, MANGALORE-BANGALORE PIPELINE PROJECT, NO.332, DARUL SALAM BUILDING, QUEENS ROAD, BENGALURU – 560 052. REGISTERED UNDER PETROLEUM AND MINERAL PIPE LINES (ACQUISITION OF RIGHT OF USER IN LAND) ACT, 1962. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE HASSAN DTD. 28.04.2018 IN MISC.NO.08/2001 AS PER ANNX-A; DIRECTION FIXING THE COMPENSATION AS PRAYED FOR BY THE PETITIONER HEREIN BEFORE THE COMPETENT AUTHORITY OR KINDLY AWARD THE AMOUNT AS PRAYED IN PETITION BY THE PETITIONER BY MOLDING THE RELIEF. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:35281 WP No. 7217 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers: "i) Issue a writ of certiorari or any other appropriate writ or order or direction quashing the order of the Additional District and Sessions Judge Hassan dated 28.04.2018 in Misc. No.08/2001 as per ANNEXURE A. ii) Pass necessary orders or issue any writ or direction fixing the compensation as prayed for by the Petitioner herein before the competent authority or kindly award the amount as prayed in petition by the petitioner by molding the relief. iii) Issue any other appropriate writ, order or direction that deems fit to grant in the circumstances of the case in the interest of justice and equity." 2. Heard Smt.Aishwarya Hegde M.V., learned counsel appearing for the petitioner and have perused the material on record. 3. The challenge is to the order of the Additional District Judge at Hassan, passed in Miscellaneous No.8/2001 - 4 - HC-KAR NC: 2025:KHC:35281 WP No. 7217 of 2025 rejecting the claim of the petitioner seeking enhancement of compensation. 4. Against the said order, the Writ Petition is not entertainable. The petitioner has to prefer Miscellaneous First Appeal. 5. In that light, the petitioner seeks leave of this Court to withdraw the petition and prefer Miscellaneous First Appeal calling in question the order of the concerned Court. 6. Reserving such liberty, the petition stands disposed. The originals appended to the petition may be returned to the petitioner, forthwith. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 117