- 1 - HC-KAR NC: 2025:KHC-D:10335 WP No. 105740 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105740 OF 2025 (LA-RES) BETWEEN: 1. DEEPAK SADANAND NETALKAR S/O. NARAYANA SHETARODA, AGED ABOUT: 59 YEARS. 2. SMT. SMITA DEEPAK NETALKAR S/O. DEEPAK SADANAND NETALKAR, AGE: 49 YEARS, BOTH ARE R/O: NO.1786, SHALEWADA NARAYAN SHET ROAD, SONARWADA BAAD, KARWARA – 581 304. …PETITIONERS (BY SRI. MAHANTESH HIREMATH AND SRI. SHIVARAJU H.B., ADVOCATES) AND: 1. THE DEPUTY COMMISSIONER, UTTAR KANNADA DISTRICT, KARWAR – 581 301. 2. THE LAND ACQUISITION OFFICER, Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10335 WP No. 105740 of 2025 AND COMPETENT AUTHORITY, NATIONAL HIGHWAY AUTHORITY OF INDIA, 1-60A, PRATHAM RESIDENCY, 1ST FLOOR, PANDUBETTU, UDUPI-MALPE MAIN ROAD, AMBALAPADI POST, UDUPI – 576 103. 3. PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT, DOOR NO.3-29, BETHAEL, THARETHOTA, NEAR PUMPWELL, MANGALORE. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, ADVOCATE FOR R1; SRI. SHIVASAI M. PATIL, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ORDERS DIRECTING THE RESPONDENT NO.2 TO REFIX THE COMPENSATION AMOUNT AND RELEASE THE COMPENSATION AMOUNT AWARD IN LIEU OF ORDER PASSED IN CASE NO. RB/LAQ/NH-66/ARB/ CR-306/2016-17 ORDER DATED 08.05.2025 WITHIN A STIPULATED PERIOD AS THIS HONBLE COURT DEEMS FIT AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10335 WP No. 105740 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned Additional Government Advocate accepts notice for respondent No.1. Shri Shivasai M.Patil., learned counsel is directed to accept notice for respondent Nos.2 and 3. 2. The petitioners are before this Court seeking for the following reliefs: a) Issue a writ of mandamus or orders directing the respondent no.2 to refix the compensation amount and release the compensation amount award in lieu of order passed in case No. RB/LAQ/NH-66/ARB/CR-306/2016-17 order dated 08.05.2025 within a stipulated period as this Hon’ble Court deems fit. b) To grant such other relief as this Hon’ble Court may deem fit to grant in the interest of justice and equity. 3. The short grievance of the petitioners is that the compensation amount fixed in the award has not been paid to the petitioners despite the award having been passed on 08.05.2025. The petitioners have an alternative, efficacious remedy of pursuing execution - 4 - HC-KAR NC: 2025:KHC-D:10335 WP No. 105740 of 2025 proceedings to execute the award, which has been passed in their favour. Reserving right and liberty to the petitioners in that regard, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE AM/- CT:PA List No.: 1 Sl No.: 35