- 1 - HC-KAR NC: 2025:KHC-D:9591 WP No. 103165 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 103165 OF 2025 (GM-RES) BETWEEN: NAGENDRA S/O. RAMESH MANDALKAR, (J.N.M. SAMUHA PVT. LTD.,) AGE: MAJOR, OCC. BUSIENSS, R/O. 96/B/10, HOSUR CROSS, GOKUL ROAD, HUBBALLI-580021. …PETITIONER (BY SRI. EDWARD NOHA S, ADVOCATE) AND: 1. THE DIVISIONAL CONTROLLER N.W.K.R.T.C., RURAL, SUB DIVISION HUBBALLI, 4TH FLOOR, CBT, HUBBALLI-580029. 2. MANAGING DIRECTOR N.W.K.R.T.C, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI-580030. 3. DEPOT MANAGER HUGRA-3, N.W.K.R.T.C., GOKUL ROAD, HUBBALLI-580030. 4. ASSISTANT EXECUTIVE OFFICER SUB WORKS DEPARTMENT, HUBBALLI DIVISION, GOKUL ROAD, HUBBALLI-580030. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9591 WP No. 103165 of 2025 5. ASSISTANT ACCOUNT OFFICER N.W.K.R.T.C., GOKUL ROAD, HUBBALLI-580030. …RESPONDENTS (BY SRI. PRASHANT HOSAMANI, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO THAT 1. IMPUGNED ANNEXURE-A REPEAL ORDER DATED 08.11.2024 PASSED BY RESPONDENT NO.2 AND ANNEXURE-A REJECTION ORDER DATED 06.08.2024 PASSED BY THE RESPONDENT NO.1 MAY KINDLY BE QUASHED BY WAY OF WRIT OF CERTIORARI, BY PERMITTING THE PETITIONER TO RUN HIS BUSINESS IN THE SAID PREMISES BY PROVIDING THE FACILITY OF ELECTRICITY AND WATER SUPPLY AND ADDITIONAL 9000 SQ.FT AND ALSO BASIC NECESSITIES. 2. IF IN THE EVENT OF NON POSSIBLE OF PERMITTING THE PETITIONER TO CONDUCT BUSINESS IN THE SAID PREMISES ALLOTTED BY THE RESPONDENT NO.1 VIDE ANNEXURE-C BEARING NO.SUM/NWKRTC/HUGRAVI/SUM/VA/936 DATED 20/07/2023 THE DIRECTION MAY KINDLY BE ISSUED BY WAY OF WRIT OF MANDAMUS TO RESPONDENT NO.1 TO REFUND THE DEPOSITED AMOUNT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY,ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. After arguing for some time, both the counsel submit that, in terms of Clause 56 of the agreement dated 23.08.2023, at Annexure-D to the petition, an Arbitrator - 3 - HC-KAR NC: 2025:KHC-D:9591 WP No. 103165 of 2025 could be appointed to arbitrate the disputes between the parties. 2. In view of the consent of both the counsel, Sri. S. H. Mithalkod, a former Judge of the District Judiciary, is appointed as the Sole Arbitrator to arbitrate the dispute between the parties. 3. Registry is directed to forward a copy of this order to Sri. S. H. Mithalkod, at his address; G.II, 78, Karnataka Housing Layout, Doddanayakana Koppa, Dharwad - 580008, Mobile: 9448769634. The proceedings of arbitration are to be carried out further by the Arbitrator in accordance with the Arbitration and Conciliation Act, 1996. 4. Petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE GAB CT:PA LIST NO.: 2 SL NO.: 1