- 1 - HC-KAR NC: 2026:KHC:30743 WP No. 17000 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 17000 OF 2026 (LA-RES) BETWEEN: 1. SRI. S. RADHAKRISHNA S/O H.P. SITHARAMAPPA AGED ABOUT 56 YEARS R/AT AMUKUNDI VILLAGE MOLAKALMURU TALUK CHITRADURGA DISTRICT-577 535 2. SRI. S.BABU S/O. H.P.SITHARAMAPPA AGED ABOUT 51 YEARS R/AT AMUKUNDI VILLAGE MOLAKALMURU TALUK CHITRADURGA DISTRICT-577 535 …PETITIONERS (BY SRI. HAREESH BHANDARY T., ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER NATIONAL HIGHWAYS AUTHORITY OF INDIA, NATIONAL HIGHWAY -150A (BELLARY-HIRIYURU SECTION) BELLARY DISTRICT. 2. SRI. K.S.RAJU S/O. H.P.SITHARAMAPPA AGED ABOUT 49 YEARS R/AT AMUKUNDI VILLAGE MOLAKALMURU TALUK CHITRADURGA DISTRICT-577 535 Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30743 WP No. 17000 of 2026 3. SRI. UMESHA S/O H.P.SITHARAMAPPA AGED ABOUT 46 YEARS R/AT AMUKUNDI VILLAGE MOLAKALMURU TALUK CHITRADURGA DISTRICT-577 535 4. SMT. VIJAYALAKSHMI W/O H.P.SITHARAMAPPA AGED ABOUT 71 YEARS R/AT AMUKUNDI VILLAGE MOLAKALMURU TALUK CHITRADURGA DISTRICT-577 535 5. SMT. RAMAMANI D/O H.P.SITHARAMAPPA AGED ABOUT 51 YEARS R/AT 5TH CROSS, 2ND COLONY ASHOKA NAGARA MANDYA-571 401 6. SRI. S.PUTTARAJU S/O H.P.SITHARAMAPPA AGED ABOUT 40 YEARS R/AT AMUKUNDI VILLAGE MOLAKALMURU TALUK CHITRADURGA DISTRICT-577 535 …RESPONDENTS (BY SRI. R. SHASHIDHARA, ADVOCATE FOR CAVEATOR/RESPONDENT NOS.2 AND 3 AND CAVEATOR/RESPONDENT NO.6 IN CP 10944/2026) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 16.04.2026 ANNEXURE-A MADE IN A.A.NOS.25/2020 CLUBBED WITH A.A.NO.37/2021 BY THE COURT OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA AND ETC. - 3 - HC-KAR NC: 2026:KHC:30743 WP No. 17000 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioners have challenged the judgment and award dated 16.04.2026 passed in A.A.No.25/2020 and A.A.No.37/2021 by the Principal District and Sessions Judge, Chitradurga, under Section 3H(4) of the National Highways Act, 1956. 2. The office has raised an objection regarding maintainability of this appeal, in view of Section 96 of the Code of Civil Procedure. 3. Learned counsel for the petitioners submit that the petitioners be permitted to convert this petition into a 'Regular First Appeal'. 4. The learned counsel for the respondents submits that in identical circumstances, the High Court of Andhra Pradesh has considered this question and held that any adjudication of proceedings under Section 3H(4) of the National Highways Act, 1956 should be construed as a 'decree' under - 4 - HC-KAR NC: 2026:KHC:30743 WP No. 17000 of 2026 Section 2(2) of Civil Procedure Code, where an appeal is maintainable under Section 96 of Civil Procedure Code. 5. In view of the aforesaid submission of the learned counsel for the petitioners and the learned counsel for the respondents, the learned counsel for the petitioners is permitted to convert this 'Writ Petition' into a 'Regular First Appeal'. 6. Learned counsel for the petitioners is directed to carry out appropriate corrections in the writ petition to bring it in line with the format of a 'Regular First Appeal'. 7. For statistical purposes, this petition is treated as closed. 8. Office is directed to renumber this petition as 'Regular First Appeal' and place the appeal before the appropriate bench having roster. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 13