- 1 - HC-KAR NC: 2025:KHC-D:7288 WP No. 107089 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 107089 OF 2024 (LA-RES) BETWEEN: BAGALKOT CEMENT AND INDUSTRIES LIMITED, (ASSIGNEE OF BAGALKOT UDYOG LIMITED/ KANORIA INDUSTRIES LIMITED) AND HAVING ITS REGISTERED OFFICE AT STADIUM HOUSE, 6TH FLOOR, BLOCK NO.1, VEER NARIMAN ROAD, CHURCHGATE, MUMBAI-400020, REPRESENTED BY ITS MANAGER (LEGAL), SHRI ABBAS R. NIDASESHI. …PETITIONER (BY SRI. S.B. HEBBALLI, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER & LAND ACQUISITION OFFICER, NAVANAGAR, BAGALKOT-587103. 2. THE DEPUTY COMMISSIONER, BAGALKOT-587103. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE APPROPRIATE WRIT(S) IN THE NATURE OF CERTIORARI, QUASHING AND SETTING ASIDE THE PORTION THE IMPUGNED ORDER DATED 05.08.2024 I.A. NO.8 PASSED IN LAC NO.28/2023 PENDING ON THE FILE OF THE HON’BLE II ADDL. SENIOR CIVIL JUDGE, BAGALKOT, WHEREBY THE PETITIONER’S RIGHT TO ADDUCE EVIDENCE WITH RESPECT TO SUB-SOIL RIGHTS HAS BEEN ARBITRARILY REJECTED, A COPY OF WHICH IS ANNEXED HEREIN AS ANNEXURE A. VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7288 WP No. 107089 of 2024 B. ISSUE APPROPRIATE WRIT(S) IN THE NATURE OF MANDAMUS, DIRECTING THE HON’BLE II ADDL. SENIOR CIVIL JUDGE, BAGALKOT TO ALLOW/PERMIT THE PETITIONER TO PRODUCE ADDITIONAL DOCUMENTS AND LEAD FURTHER EVIDENCE AS REQUIRED WITH RESPECT TO SUB-SOIL COMPENSATION IN LAC NO.28/2023 AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Learned counsel Sri. S.B. Hebballi for the petitioner and, learned counsel Sri. P.N. Hatti for the State are present. 2. Learned counsel for the petitioner has filed an application for withdrawal of this petition with liberty to file necessary application seeking review of the order before the Reference Court i.e. learned II Additional Senior Civil Judge, Bagalkot. 3. The application is not objected to by the respondents. 4. Accordingly, I pass the following order: - 3 - HC-KAR NC: 2025:KHC-D:7288 WP No. 107089 of 2024 This petition is dismissed. Liberty is reserved to the petitioner to approach the Reference Court to file necessary application. Time spent herein shall be condoned if any such application is filed. Sd/- (PRADEEP SINGH YERUR) JUDGE kmv CT-MCK