- 1 - HC-KAR NC: 2025:KHC:53725 WP No. 3937 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 3937 OF 2025 (LA-RES) BETWEEN: 1. SMT. K S LAKSHMAMMA W/O LAT E Y M MARUTHI, AGED ABOUT 64 YEARS, RESIDING AT NEAR AYYAPPA TEMPLE ROAD, YELAHANAK, BANGALROE NORTH TALUK, BANGALORE 560 065. …PETITIONER (BY SRI. MANJUNATH G KANDEKAR.,ADVOCATE) AND: 1. NATIONAL HIGHWAY AUTHORITY OF INDIA SY NO. 13, NAGASANDRA VILALGE 14TH KM. FROM BANGALORE TUMKUR ROAD, REPRESENTED BY ITS PROJECT DIRECTOR /PLANNING DIRECTOR 2. THE ARBITRATOR AND SPECIAL DEPUTY COMMISSIONER -I, BENGALURU URBAN DISTRICT, HYDERABAD BENGALURU SECTION (NH-7), OFFICE OF THE DEPUTY COMMISSIONER, 1ST FLOR, K G ROAD, BENGALURU 560 009. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53725 WP No. 3937 of 2025 3. THE SPECIAL LAND ACQUSITIION AND COMPETENT AUTHORITY NATIONAL HIGHWAYS AUTHORITY OF INDIA HYDERABAD BENGAURU SECTION (NH-7) NO. 678/3, NEERUBHAVI KEMPANNA LAYOUT, HEBBAL, BENGAURU 560 027. REPRSENTED BY THE SPECIAL LAND ACQUISITION OFFICER …RESPONDENTS (BY SRI. SHILPA GHANSHYAMBHAI SHAH.,ADVOCATE FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN AP NO. 43/2022 ON THE FILE OF HONBLE II ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPL. JUDGE, BANGALORE (CCH-17)QUASH AND SETTING ASIDE THE IMPUGNED ORDER DATED 04/11/2024 PASSED BY THE HONBLE II ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPL. JUDGE, BANGALORE (CCH- 17) IN AP NO.43/2022 VIDE ANNX-A AND CONSEQUENTLY UPHELD THE ORDER OF THE SECOND RESPONDENT / ARBITRATOR AND SPECIAL DEPUTY COMMISSIONER -I AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:53725 WP No. 3937 of 2025 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has approached this Court calling in question the impugned order dated 04.11.2024 (Annexure-A) passed by the II Additional City Civil and Sessions Judge, Bengaluru (CCH-17) in AP.No.43/2022 and consequently seeking to uphold the order passed by respondent No.2-the Arbitrator and Special Deputy Commissioner-I, Bengaluru Urban District. 2. Heard learned counsel for the petitioner and learned counsel for the respondents. 3. Section 37 of the Arbitration and Conciliation Act, 1996 (for short 'the Act’) provides an efficacious statutory remedy by way of appeal against an order passed under Section 34 of the Act. 4. At this stage, learned counsel for the petitioner seeks leave of this Court to withdraw the writ petition with - 4 - HC-KAR NC: 2025:KHC:53725 WP No. 3937 of 2025 liberty to avail the statutory remedy under Section 37 of the Act. 5. In view of the submission made and having regard to the availability of an effective alternate remedy, this Court pass the following: ORDER i) The writ petition is dismissed as withdrawn with liberty to the petitioner to pursue the remedy available in law by filing an appeal under Section 37 of the Arbitration and Conciliation Act, 1996. ii) The Registry is directed to return the certified copies of the documents to the petitioner after retaining the photo copies of the same on record. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 4