- 1 - HC-KAR NC: 2025:KHC:52427 WP No. 36050 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 36050 OF 2025 (LA-RES) BETWEEN: 1. HANUMANTHAPPA S/O KADUR HANUMAPPA, AGE 69 YEARS, 2. BALARAJ S/O HANUMAPPA, AGED ABOUT 65 YEARS, BOTH ARE R/AT TAMATAKALLU VILLAGE, CHITRADURGA TALUK- 577 502. 3. KAMALAMMA D/O KADUR HANUMANTHAPPA W/O LATE THIPPAIAH, AGE 66 YEARS, AGRICULTURIST, R/O CHITRAIHANAHATTI VILLAGE, CHALLAKERE TOWN-577 522. …PETITIONERS (BY SRI. R SHASHIDHARA., ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, NATIONAL HIGHWAYS AUTHORITY OF INDIA, CHITRADURGA-577 501. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52427 WP No. 36050 of 2025 CENTRAL MINISTRY OF TRANSPORT 2. BASAMMA W/O LATE OBANNA, AGED ABOUT 76 YEARS, 3. HANUMANTHAPPA S/O NARASIMHAPPA, AGED ABOUT 57 YEARS, 4. THIPPESWAMY S/O NARASIMHAPPA, AGED ABOUT 57 YEARS, 5. HARUTHI S/O NARASIMHAPPA, AGED ABOUT 52 YEARS, 6. ANJINAMURTHY S/O LATE OBANNA, AGED ABOUT 37 YEARS, 7. THEPPEERAMMA W/O HANUMANTHAPPA, AGED ABOUT 47 YEARS, 8. PUTTAMMA W/O PAPANNA, AGED ABOUT 59 YEARS, 9. NAGARAJA S/O LATE OBANNA, AGED ABOUT 34 YEARS, ALL ARE AGRICULTURIST, R/O TAMATAKALLU VILLAGE, CHITRADURGA TALUK-577 502. …RESPONDENTS - 3 - HC-KAR NC: 2025:KHC:52427 WP No. 36050 of 2025 (BY SRI. N KUMAR., ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE PRL. DISTRICT AND SESSIONS JUDGE AT CHITRADURGA IN AC NO.15/2018 DATED 18.11.2025 VIDE ANNX-K TO THIS WP AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Sri. N.Kumar, learned counsel accepts notice for respondent No.1. 2. The petitioners have approached this Court assailing the order dated 18.11.2025 (Anenxure-K) passed by the Principal District and Sessions Judge, Chitradurga in AC.No.15/2018, where under 50% of the compensation amount along with the accured interest deposited pursuant to the land acquisition proceedings under the National Highways Act, 1956 (for short ' the Act, 1956'), has been ordered to be released in favour of respondent Nos.2 to 9. - 4 - HC-KAR NC: 2025:KHC:52427 WP No. 36050 of 2025 3. Learned counsel for the petitioners contends that the question as to the title and entitlement to the acquired land is sub-judice in OS.No.403/2012 and therefore, any release of compensation prior to adjudication of the civil suit would be premature. Learned counsel further submits that the very same petitioners have filed WP.No.26937/2023 before this Court, which came to be disposed of on 16.09.2025 and this Court while disposing of the said writ petition, had specifically directed the concerned Court to dispose of the suit expeditiously and that any application filed by the parties be considered without being influenced by the order passed in AC.No.15/2018. The Reference Court, despite the above direction proceeded to permit release of 50% of the compensation, thereby exposing the petitioners to irreparable prejudice in the event the civil suit is decreed in their favour. It is therefore, prayed that the impugned order permitting release of compensation be interfered. - 5 - HC-KAR NC: 2025:KHC:52427 WP No. 36050 of 2025 4. This Court has carefully considered the submission and perused the material on record. 5. The entitlement of compensation is admittedly interlinked with the outcome of OS.No.403/2012, which is pending adjudication before the Competent Civil Court. At the same time, the order impugned permits only release of 50% of the compensation amount and such release may be adequately safeguarded by making it expressly subject to final outcome of the civil suit. The interest of the petitioners can be protected by clarifying that the release of compensation shall not influence the trial Court, while adjudicating the partition suit and not be treated as a conclusive determination of rights. The remaining compensation amount continues to be in deposit, and the petitioners retain liberty to seek appropriate relief before the reference Court in accordance with law. 6. In view of the above, this Court finds that no further interference with the impugned order is warranted, - 6 - HC-KAR NC: 2025:KHC:52427 WP No. 36050 of 2025 except to clarify and protect the rights of the parties pending disposal of the civil suit. Accordingly, this Court pass the following: ORDER i) The writ petition is disposed of at the stage of preliminary hearing. ii) To release of 50% of compensation amount along with the accrued interest in favour of respondent Nos.2 to 9 pursuant to the order passed in A.C.No.15/2018, shall be subject to the final outcome of OS.No.403/2012 pending before the Competent Civil Court. iii) It is clarified that the release of aforesaid amount shall not influence or bind the trial Court while adjudicating OS.No.403/2012 and the said suit shall be decided independently on its own merits, and not - 7 - HC-KAR NC: 2025:KHC:52427 WP No. 36050 of 2025 influenced by the order passed in AC.No.15/2018. iv) Liberty is reserved to the petitioners to make an appropriate application before the Reference Court in AC.No.15/2018 seeking withdrawal of the remaining compensation amount and if such an application is filed, the same shall be considered in accordance with law. v) All rival contentions of the parties are kept open. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 1