- 1 - HC-KAR NC: 2026:KHC-D:301 WP No. 107260 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.107260 OF 2025 (GM-CPC) BETWEEN: KARNATAKA POWER CORPORATION LIMITED, A GOVERNMENT OF KARNATAKA COMPANY HAVING REGISTERED OFFICE AT GREEN BUILDING, GROUND FLOOR, PALACE ROAD, BENGALURU-560 001, AND CORPORATE OFFICE AND SHAKTHI BHAVAN, 82, RECECOURSE ROAD, BENGALURU-560 001, REPRESENTED BY, DEPUTY GENERAL MANAGER (LAW) …PETITIONER (BY SRI. GOURAV RAMAKRISHNA, ADV. (APPEARED THROUGH VC) AND: 1. SHRI. TIMMANNA GANAPATI BHAT, SINCE DEAD BY HIS LR’S SHARADA TIMMANNA BHAT W/O. TIMMANNA BHAT, AGED ABOUT 76 YEARS, 2. RAMA TIMMANNA BHAT S/O. TIMMANNA BHAT, AGED ABOUT 51 YEARS, RESPONDENT NOS.1 TO 2 ALL RESIDING AT HALAVALLI, KALLESHWARA POST, ANKOLA, UTTARA KANNADA-581 325. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:301 WP No. 107260 of 2025 3. USHA TIMMANNA BHAT D/O. TIMMANNA BHAT W/O. SURYANARAYA BHAT, AGED ABOUT 45 YEARS, RESIDING AT CITB PLOT NO.469, BHODHYAN BENDRE NAGAR, DOUBLE ROAD, D.N. KOPPA DHARWAD K.C. PARK, DHARWAD-580 008. 4. SPECIAL LAND ACQUISITION OFFICER, KALI HYDRO PROJECT (KODASALLI) KARWAR, UTTAR KANNADA DISTRICT-581 325. …RESPONDENTS (BY SRI. VISHWANATH HEGDE, ADVOCATE FOR R1 TO R3; SRI. T. HANUMAREDDY, ADDL. GOVT. ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION SETTING ASIDE THE ORDER DATED 12.08.2025 PASSED IN SENIOR CIVIL JUDGE AND JMFC AT HALIYAL, UTTAR KANNADA DISTRICT IN EX.NO.62/2021, (AS PER ANNEXURE-A) AND FOR COSTS AND ETC.,. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC-D:301 WP No. 107260 of 2025 ORAL ORDER The petitioner/Corporation has filed this writ petition seeking the following prayer: “a. Issue a Writ of Certiorari or any other appropriate writ or direction setting aside the Order dated 12.08.2025 passed in Senior Civil Judge and JMFC at Haliyal, Uttar Kannada District in Ex.No.62/2021, (as per Annexure- A) b. For costs; c. Any other order as deemed fit in the interest of justice.” 2. This Court on 26.09.2025 has passed the following order: “1. Learned AGA accepts notice for respondent No.4. 2. Issue notice to respondent Nos.1 to 3 returnable by 11.11.2025. 3. The submission of the learned Senior Counsel for the petitioner is that though an award had been passed, there is a review petition which has been filed and pending and it is in that background that the petitioner did not make payment of the award amount which has now resulted in attachment warrant having been issued by the Execution Court. 4. His submission is that the amount due would be deposited before the Execution Court within a period of 4 weeks from today. - 4 - HC-KAR NC: 2026:KHC-D:301 WP No. 107260 of 2025 5. Hence, placing the said submission on record, directing the petitioner to deposit the decreetal amount on or before 24.10.2025, the operation of the attachment warrant is stayed till the next date of hearing. 6. If the deposit is not made by 24.10.2025, the interim order would stand automatically vacated, entitling the Trial Court to proceed with the attachment. 7. Relist on 28.10.2025. 8. Process fee and copies to be furnished by the end of the day 29.09.2025. Failing which, interim order granted shall stand automatically vacated. 9. Registry to print the name of Sri.Bhargava D Bhat for the petitioner along with Sri.Anand Ashtekar.” 3. Learned counsel appearing for the petitioner submits that, the petitioner has already filed a review petition before the Senior Civil Judge and JMFC., Court, Haliyal against the judgment and award dated 05.01.2015 passed by the Senior Civil Judge Court, Yellapur, Uttar Kannada in LAC No.269/2006 and the same is pending consideration. In the meantime, Execution Petition is filed by the respondents and as per the order of this Court, the petitioner has already deposited the amount. It is submitted that, till the review petition is decided, if - 5 - HC-KAR NC: 2026:KHC-D:301 WP No. 107260 of 2025 the respondents are permitted to withdraw the amount in deposit, it would cause lot of hardship to the petitioner. 4. Learned counsel appearing for the respondents submits that, the respondents are the land owners and they have lost their property. It is further submitted that, the review petition is pending. There shall be a direction to the Court to dispose off the matter as expeditiously as possible. 5. Considering the submissions made on behalf of both the sides, this Court is passing the following: ORDER (i) The writ petition is disposed off directing the Senior Civil Judge and JMFC., Court, Haliyal to dispose of the pending Review Petition No.1/2017 within a period of one month from the date of receipt of the copy of this order. (ii) Till the orders are passed in the Review Petition, the Court shall not grant any - 6 - HC-KAR NC: 2026:KHC-D:301 WP No. 107260 of 2025 permission to the respondents to withdraw the amount in deposit. All pending I.As. in this writ petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI RH CT: UMD List No.: 2 Sl No.: 30