B Naganna vs The Special Land Acquisition Officer
2025 Latest Caselaw 1925 Kant

Karnataka High Court

B Naganna vs The Special Land Acquisition Officer on 1 August, 2025

                                               -1-
                                                       NC: 2025:KHC:29802-DB
                                                      COMAP No. 322 of 2025


                   HC-KAR



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 1ST DAY OF AUGUST, 2025

                                            PRESENT
                         THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
                                              AND
                              THE HON'BLE MR. JUSTICE C M JOSHI
                             COMMERCIAL APPEAL NO. 322 OF 2025
                   BETWEEN:

                   B NAGANNA,
                   S/O BALAPPA,
                   AGED ABOUT 68 YEARS,
                   R/O HARENAHALLI VILLAGE, NITTUR HOBLI,
                   GUBBI TALUK, TUMAKURU DISTRICT-572 211.
                                                                ...APPELLANT
                   (BY SRI YOGESH.V KOTEMATH, ADVOCATE FOR
                       SRI P.H VIRUPAKSHAIAH, ADVOCATE)

                   AND:

                   1.    THE SPECIAL LAND ACQUISITION OFFICER
                         AND COMPETENT AUTHORITY,
Digitally signed         NATIONAL HIGHWAY AUTHORITY NO. 206,
by NANDINI R
                         BETTASHREE COMPLEX, ABOVE RENUKA SUPER
Location:                BAZAR, 1ST FLOOR, 60 FEET ROAD, SAPTAGIRI
HIGH COURT
OF                       LAYOUT, TUMAKURU-572 102.
KARNATAKA
                   2.    THE PROJECT DIRECTOR
                         NATIONAL HIGHWAY DEVELOPMENT CORPORATION,
                         NH-206, TUMKUR-SHIMOGA DIVISION,
                         NEAR RAILWAY GATE, BATAWADI,
                         TUMKUR-572 103.

                   3.    THE DEPUTY COMMISSIONER AND ARBITRATOR,
                         TUMAKURU DISTRICT
                         TUMAKURU-572 101.
                                                           ...RESPONDENTS
                            -2-
                                     NC: 2025:KHC:29802-DB
                                    COMAP No. 322 of 2025


HC-KAR



     THIS COMAP IS FILED UNDER SECTION 13 (1A) OF THE
COMMERCIAL COURTS ACT, 2015, PRAYING TO SET ASIDE THE
JUDGMENT AND AWARD DATED 30.01.2025 PASSED BY THE V
ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU
(SITTING AT TIPTUR) IN ARBITRATION SUIT NO.10009/2024
BY ALLOWING THE CLAIM PETITION FILED BY THE APPELLANT
STATED THEREIN OR IN THE ALTERNATIVE REMAND THE
MATTER TO THE 3RD RESPONDENT AUTHORITY FOR FRESH
CONSIDERATION.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:   HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
         and
         HON'BLE MR. JUSTICE C M JOSHI


                    ORAL JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. The appeal preferred by the appellant is against an

order passed by the Commercial Court. The same is

required to be renumbered as 'Miscellaneous First Appeal'

as per the memo filed by the appellant.

2. Accordingly, the Registry to renumber the present

appeal as "Miscellaneous First Appeal".

NC: 2025:KHC:29802-DB

HC-KAR

3. The learned counsel for appellant shall take all steps

to facilitate to convert the same. He shall also comply

with the office objections within a period of two weeks.

4. For all statistical purposes, the present appeal may

be considered as disposed of.

Sd/-

(VIBHU BAKHRU) CHIEF JUSTICE

Sd/-

(C M JOSHI) JUDGE

tsn*