Karnataka High Court
Nagaraja S vs National Highways on 18 August, 2022
Bench: Acting Chief Justice, Anil B Katti
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF AUGUST, 2022
PRESENT
THE HON'BLE MR. ALOK ARADHE, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE ANIL B. KATTI
WRIT APPEAL NO.634 OF 2022 (LA-RES)
BETWEEN:
NAGARAJA S
AGED 60 YEARS
S/O G SANNALINGAPPA
# 604, DR. RAJKUMAR ROAD
2ND BLOCK, RAJAJINAGAR
BENGALURU-560010
...APPELLANT
(BY SRI NAGARAJA .S, PARTY-IN-PERSON)
AND
1 . NATIONAL HIGHWAYS
AUTHORITY OF INDIA
NEAR CHAMUNDESHWARI TEMPLE
KSRTC BUS DEPOT ROAD
CHITRADURGA-577501
REPRESENTED BY THE
SPECIAL LAND ACQUISITION OFFICER
2 . PROJECT DIRECTOR
NATIONAL HIGHWAYS
AUTHORITY OF INDIA
PROJECT IMPLEMENTATION UNIT
NEAR J.M.I.T
-2-
NH-4 (201 KM)
CHITRADURGA-577502
3 . THE REGIONAL OFFICER
REGIONAL OFFICE
KARNATAKA AND GOA REGION
NATIONAL HIGHWAYS
AUTHORITY OF INDIA
SY.NO.13
14TH KM
NEAR DEEPAK BUS STOP
M S R ENCLAVE
NAGASANDRA
TUMAKURU ROAD
BENGALURU-560073
4 . DEPUTY COMMISSIONER
AND ARBITRATOR
OFFICE OF THE DISTRICT MAGISTRATE
DEPUTY COMMISSIONER
AND ARBITRATOR
TUMAKURU-572101
...RESPONDENTS
(BY SRI VIJAYKUMAR A. PATIL, AGA)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT PRAYING TO SET
ASIDE THE IMPUGNED JUDGEMENT AND ORDER PASSED
BY THE LEARNED SINGLE JUDGE IN WRIT PETITION
NO.326/2022 (LA-RES) DATED 08.07.2022.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING THIS DAY, ACTING CHIEF JUSTICE DELIVERED
THE FOLLOWING:
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JUDGMENT
This intra Court appeal has been filed against
an order dated 08.07.2022 passed by the learned
Single Judge by which, the writ petition preferred by
the appellant has been dismissed.
2. The appellant, party-in-person, submitted
that there is no provision for use and occupation of
the land under the National Highways Act, 1956. It
is further submitted that neither any compensation
has been paid to him nor possession of the land has
been taken. It is also urged that the appellant
cannot be deprived of his property except in
accordance with law.
3. The learned Single Judge has held as
under:
"4. There would be no need for this
Court to advert to the proceedings
which have been filed which are
numerous in nature, suffice to refer
to the order passed by division bench
of this Court dated 06.06.2013 in
W.A.No.2889/2013 where this Court
observing that the petitioner/party-
in-person has indulged in abuse of
process of this Court had dismissed
the writ appeal summarily by
imposing cost of Rs.10,000/-.
5. The present petition is also one
more such case, which is a gross
abuse of process of this Court. It is
understandable that a land owner
would be interested in protecting his
property and securing as much
compensation as possible, however,
in the manner in which the petitioner
indulging himself in several
litigations on the very same facts and
has gone to the extent of making a
submission that the Apex Court order
is an unreasoned order and
therefore, the present writ petition
can be filed and entire proceedings
have to be reopened and the
compensation be re-determined is an
abuse of process of this Court. The
claim of the petitioner having been
determined by the SLAO, thereafter
by an arbitrator, challenged in MFA
No.1056/2017 and the review
petition, all having been dismissed, I
am of the opinion that the issue
cannot be reopened by the petitioner
once again. Hence, the writ petition
stands dismissed in view of
observations made by the division
bench of this Court."
4. The appellant, party-in-person, has not
been able to point out whether the aforesaid finding
is incorrect or suffers from any infirmity. The
appellant has indulged in filing successive litigations
and therefore, the learned Single Judge has rightly
declined to entertain the writ petition filed by the
appellant.
For the aforementioned reasons, we do not find
any ground to differ with the view taken by the
learned Single Judge.
In the result, the appeal fails and is hereby
dismissed.
Sd/-
ACTING CHIEF JUSTICE
Sd/-
JUDGE
bkv
