SUNI HARIBAHUPOTE v. SPECIAL LAND ACQUISITION OFFICER
WP/37845/2025 · 2026-01-14
S Sunil Dutt Yadav
body2026
DailyLaw.ai
[ 2026 DAILYLAW 51872 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 51872 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:2370 WP No. 37845 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 37845 OF 2025 (LA-RES) BETWEEN:
SUNI HARIBAHUPOTE S/O HARIBAHU TULUJARAMPOTE, AGED ABOUT 50 YEARS, AT MORESHWAR AGRO FEEDS PVT. LTD., SUNI HARIBAHU POTE, SUSHILA COMPLEX, BARAMATI, PUNE DISTRICT, MAHARASTRA - 413102. …PETITIONER (BY SRI. SANGAMESH R. B., ADVOCATE) AND:
1.
SPECIAL LAND ACQUISITION OFFICER, CHITRADURGA, NATIONAL HIGHWAYS AUTHORITY OF INDIA, NH-13, NO.60, 2ND CROSS ROAD, J.C.R EXTENSION, CHITRADURGA, KARNATAKA - 577501.
2.
PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI) NEAR J.M.I.T. COLLEGE, CHITRADURGA, KARNATAKA - 577502.
Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:2370 WP No. 37845 of 2025
3.
THE DEPUTY COMMISSIONER AND ARBITRATOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, CHITRADURGA, KARNATAKA - 577501. …RESPONDENTS (BY SRI. N. KUMAR, ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS, SO AS TO EXTEND THE TERM OF ARBITRATOR/R-3 AND DIRECT THE LEARNED ARBITRATOR/R-3 TO PASS APPROPRIATE AWARD WITHIN A FIXED TIME LIMIT IN CASE NO. ARB.NH.13.CR.162.2021 AT ANNEXURE-B.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
ORAL ORDER
The petitioner has sought for an appropriate direction so as to extend the mandate of the arbitrator i.e., respondent No.3.
2.
Learned counsel for the petitioner submits that the mandate in terms of Section 29A of the Arbitration and Conciliation Act, 1996 (for short, 'the Act') within which the arbitrator has to pass an award has expired and is seeking for extension stating there are bona-fide reasons.
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HC-KAR NC: 2026:KHC:2370 WP No. 37845 of 2025
3.
Learned counsel for the respondents submitted that the extension of mandate is only upon the Court being satisfied of sufficient cause.
4. It is noticed that the Apex Court in the case of Chief Engineer (NH) PWD (Roads) vs. M/s BSC & C and C JV in SLP(C).No.10544/2024 had observed that the High Court would have power to extend mandate in terms of sub-section (6) of Section 29A of the Act only where the High Court has original civil jurisdiction. It is further pointed out that the power for extension of mandate is to be exercised before the Principal Civil Court of original jurisdiction in the district.
5. Taking note of the observations made by the Apex Court in the above referred case and noticing that there is no original jurisdiction to this High Court, the competent Court to pass order for extension of mandate under Section 29A of the Act, would be the Principal Civil
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HC-KAR NC: 2026:KHC:2370 WP No. 37845 of 2025
Court having original jurisdiction. Accordingly, petition is
disposed of.
6. Liberty is reserved to the petitioner to approach the competent Court i.e., the Principal Civil Court of original jurisdiction in the district and seek for extension of mandate. All contentions are kept open. In light of the limited prayer made, if the petitioner was to file an application seeking for extension of mandate within one week from today, the Court should endeavour to dispose of the same within an outer limit of one month from the date of file coming up before the Court.
Accordingly, petition is disposed of.
Sd/- (S SUNIL DUTT YADAV) JUDGE
MCR