- 1 - HC-KAR NC: 2026:KHC-D:399 WP No. 108414 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 14TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 108414 OF 2025 (LA-RES) BETWEEN: SRI. SANGANNAGALA BASAVARAJA S/O. SRI. SANGANNAGALA BASAPPA, AGED ABOUT 53 YEARS, RESIDING AT NO. 459, WARD NO.1, HARAKABHAVI VILLAGE-583126, KUDLIGI TALUK, BELLARY DISTRICT. …PETITIONER (BY SRI. G.SHANKAR, ADVOCATE (THROUGH VC)) AND: 1. STATE OF KARNATAKA VIDHANA SOUDHA, BENGALURU-560 001, BY ITS CHIEF SECRETARY. 2. SPECIAL LAND ACQUISITION OFFICER, NATIONAL HIGHWAYS AUTHORITY OF INDIA, NH-50, HOSPET, SITE OFFICE NO.60, 2ND CROSS, JCR EXTENSION, BEHIND APPOLLO PHARMACY, CHITRADURGA-577 501. 3. PROJECT DIRECTOR AND G.M, (TECH) NATIONAL HIGHWAYS AUTHORITY OF GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.23 16:02:32 +0530 - 2 - HC-KAR NC: 2026:KHC-D:399 WP No. 108414 of 2025 INDIA NEAR JMIT COLLEGE, CHITRADURGA-577 502. 4. THE REGIONAL OFFICER AND CHIEF GENERAL MANAGER (TECH), NATIONAL HIGHWAYS AUTHORITY OF INDIA, NH-4, M.S.RAMAIAH ENCLAVE, BESIDE NAGASANDRA METRO STATION, BENGALURU-560 073. 5. THE ARBITRATOR AND DEPUTY COMMISSIONER, VIJAYANAGAR DISTRICT, HOSPET-583 201. …RESPONDENTS (BY SRI. PRAVEEN K.UPPAR, AGA FOR R1 AND R5; SRI. B.P.MATHAPATI, ADVOCATE FOR R2 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS, SET ASIDE THE ORDER DATED 03.09.2025 PASSED BY THE ARBITRATOR/DEPUTY COMMISSIONER, VIJAYANAGAR DISTRICT, HOSPETE, THE FIFTH RESPONDENT HEREIN, IN LAQ/ARBITRATION/03/2022-23 PRODUCED AT ANNEXURE-Q AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA - 3 - HC-KAR NC: 2026:KHC-D:399 WP No. 108414 of 2025 ORAL ORDER 1. The petitioner has called in question the order dated 03.09.2025 passed by the respondent No.5 - Arbitrator/Deputy Commissioner, Vijayanagar District, in LAQ/Arbitration/03/2022-23 (Annexure-Q) along with consequential reliefs. 2. Learned counsel appearing for the respondents submits that, aggrieved by the very same order dated 03.09.2025, the petitioner has already availed the statutory remedy by filing A.S.No.4/2025 before the Principal District and Sessions Court, Vijayanagara, District Hospete. It is further submitted that the District Court issued notice to the respondents and the matter is posted for hearing on 28.01.2026. Hence, the present writ petition is not maintainable, particularly in view of the efficacious alternative remedy available under Section 34 of the Arbitration and Conciliation Act, 1996. - 4 - HC-KAR NC: 2026:KHC-D:399 WP No. 108414 of 2025 3. As it is evident that the petitioner has already approached the competent Civil Court by invoking statutory remedy, the present writ petition is not maintainable and is liable to be dismissed. 4. Accordingly, the petition is dismissed as not maintainable. Sd/- JUSTICE K.S.HEMALEKHA gab Ct:VH List No.: 1 Sl No.: 10