Citation : 2025 Latest Caselaw 11244 Kant
Judgement Date : 12 December, 2025
-1-
NC: 2025:KHC-D:18107-DB
MFA No. 105711 of 2023
C/W MFA No. 105086 of 2023
AND 5 OTHERS
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 12TH DAY OF DECEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MRS JUSTICE GEETHA K.B.
MISCELLANEOUS FIRST APPEAL NO.105711/2023 (AA)
C/W
MISCELLANEOUS FIRST APPEAL NO.105086 OF 2023
MISCELLANEOUS FIRST APPEAL NO.105087 OF 2023
MISCELLANEOUS FIRST APPEAL NO.105106 OF 2023
MISCELLANEOUS FIRST APPEAL NO.105109 OF 2023
MISCELLANEOUS FIRST APPEAL NO.105710 OF 2023
MISCELLANEOUS FIRST APPEAL NO.105714 OF 2023
IN MFA NO. 105711/2023:
BETWEEN:
1. THE DEPUTY GENERAL MANAGER
(TECH) AND PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
PROJECT IMPLEMENTATION UNIT,
Digitally signed
by BHARATHI H
M
2ND CROSS, SATTUR COLONY,
Location: HIGH
COURT OF
KARNATAKA
VIDYAGIRI, DHARWAD-580004.
DHARWAD
BENCH
Date: 2025.12.16
12:49:08 +0530
2. THE SPECIAL LAND ACQUISITION OFFICER,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
NO.63, DHARA MAHAL, 1ST FLOOR, 5TH CROSS,
U.B.HILLS DHARWAD-580007.
...APPELLANTS
(BY SRI MRUTYUNJAYA TATA BANGI FOR SRI SHARANABASAVA
ANGADI, ADVOCATE)
AND:
1. GANAPATSA S/O. MAHADEV JARATAGHAR
AGE. MAJOR, OCC. AGRICULTURE,
-2-
NC: 2025:KHC-D:18107-DB
MFA No. 105711 of 2023
C/W MFA No. 105086 of 2023
AND 5 OTHERS
HC-KAR
R/O. NEAR HDMC, OLD PTI OFFICE,
MADAVPUR HUBBALLI, DIST. DHARWAD-580020.
2. VISHNUSA S/O. MAHADEV JARATAGHAR
AGE. MAJOR, OCC. AGRICULTURE,
R/O. NEAR HDMC, OLD PTI OFFICE,
MADAVPUR HUBBALLI,
DIST. DHARWAD-580020.
3. THE ARBITRATOR FOR NATIONAL
HIGHWAYS AUTHORITY OF INDIA,
NH-63 AND ADDITIONAL DEPUTY COMMISSIONER,
DHARWAD-580001.
...RESPONDENTS
(BY SRI S.M. KALWAD, ADVOCATE FOR R1 AND R2;
SMT. KIRTHI LATHA PATIL, HCGP FOR R3.)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 37(1) OF ARBITRATION AND CONCILIATION ACT,
1996, PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE
JUDGMENT PASSED BY LEARNED V ADDITIONAL DISTRICT
AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI IN
ARBITRATION PETITION NO.5023/2022 DATED 31.03.2023 IN
THE INTEREST OF JUSTICE AND EQUITY & ETC.,.
IN MFA NO. 105086/2023:
BETWEEN:
1. THE DEPUTY GENERAL MANAGER,
(TECH) AND THE PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
POJECT IMPLEMENTATION UNIT,
2ND CROSS, SATTUR COLONY,
VIDYAGIRI, DHARWAD-580004.
2. THE SPECIAL LAND ACQUISITION OFFICER,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
-3-
NC: 2025:KHC-D:18107-DB
MFA No. 105711 of 2023
C/W MFA No. 105086 of 2023
AND 5 OTHERS
HC-KAR
NH-63, DHARA MAHAL, 1ST FLOOR,
5TH CROSS, U.B.HILLS, DHARWAD-580007.
... APPELLANTS
(BY SRI MRUTYUNJAYA TATA BANGI, FOR SRI
SHARANABASAVA ANGADI, ADVOCATE)
AND:
1. SMT. SHILPA W/O. D. NAGARAJ
BEFORE MARRIAGE SHILPA D/O. JAYANNA R.,
AGE. MAJOR, OCC. AGRICULTURE,
R/O. 7, VIDYAVANA, NEAR RAMBAPURI,
KALYAN MANTAP, VIDYANAGAR.
2. THE ARBITRATOR FOR NATIONAL
HIGHWAYS AUTHORITY OF INDIA,
NH-63 AND ADDITIONAL DEPUTY COMMISSIONER,
DAHRWAD-580001.
...RESPONDENTS
(BY SRI S.M. KALWAD, ADVOCATE FOR R1;
SMT. KIRTHI LATHA PATIL, HCGP FOR R2.)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 37(1) OF THE ARBITRATION AND CONCILIATION
ACT, 1996, PRAYING TO ALLOW THIS APPEAL AND SET
ASIDE THE JUDGMENT PASSED BY THE LEARNED V
ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD
SITTING AT HUBBALLI, IN ARBITRATION PETITIONER
NO.5032/2022 DATED 31.03.2023, IN THE INTEREST OF
JUSTICE AND EQUITY & ETC.,.
IN MFA NO. 105087/2023:
BETWEEN:
1. THE DEPUTY GENERAL MANAGER
(TECH) AND THE PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
PROJECT IMPLEMENTATION UNIT, 2ND CROSS,
SATTUR COLONY, VIDYAGIRI, DHARWAD-580004.
-4-
NC: 2025:KHC-D:18107-DB
MFA No. 105711 of 2023
C/W MFA No. 105086 of 2023
AND 5 OTHERS
HC-KAR
2. THE SPECIAL LAND ACQUISITION OFFICER,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
NH-63, DHARA MAHAL, 1ST FLOOR, 5TH CROSS,
U.B.HILLS, DHARWAD-580007.
... APPELLANTS
(BY SRI MRUTYUNJAYA TATA BANGI, FOR SRI
SHARANABASAVA ANGADI, ADVOCATE)
AND:
1. PARASHURAM S/O. DUNDUSA MISKIN
AGE. MAJOR, OCC. AGRICULTURE,
R/O. 281, ARAVING NAGARAM, 4TH CROSS,
OLD HUBBALLI, HUBBALLI,
DIST. DHARWAD-580020.
2. DATTUSA S/O. DUNDUSA MISKIN
AGE. MAJOR, OCC. AGRICULTURE,
R/O. 281, ARAVING, NAGAARM, 4TH CROSS,
OLD HUBBALLI, HUBBALLI,
DIST. DHARWAD-580020.
3. THE ARBITRATOR FOP NATIONAL
HIGHWAYS AUTHORITY OF INDIA,
NH-63 AND ADDITIONAL DEPUTY COMMISSIONER,
DHARWAD-580001.
...RESPONDENTS
(BY SRI S.M. KALWAD, ADVOCATE FOR R1 AND R2;
SMT. KIRTHI LATHA PATIL, HCGP FOR R3)
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 37(1) OF ARBITRATION AND
CONCILIATION ACT, 1996, PRAYING TO ALLOW THE
APPEAL AND SET ASIDE THE JUDGMENT DATED
18.04.2023, PASSED IN ARBITRATION NO.5020/2022 ON
THE FILE OF THE V-ADDITIONAL DISTRICT AND SESSIONS
JUDGE, DHARWAD SITTING AT HUBBALLI, IN THE
INTEREST OF JUSTICE AND EQUITY AND ETC.,.
-5-
NC: 2025:KHC-D:18107-DB
MFA No. 105711 of 2023
C/W MFA No. 105086 of 2023
AND 5 OTHERS
HC-KAR
IN MFA NO. 105106/2023:
BETWEEN:
1. THE DEPUTY GENERAL MANAGER,
(TECH) AND THE PORJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
PROJECT IMPLEMENTATION UNIT, 2ND CROSS,
SATTUR COLONY, VIDYAGIRI, DHARWAD-580004.
2. THE SPECIAL LAND ACQUISITION OFFICER,
NATIONAL HIGHWAYS AUTHORITY OF INDIA NH-63,
DHARA MAHAL, 1ST FLOOR, 5TH CROSS,
U.B.HILLS, DHARWAD-580007.
... APPELLANTS
(BY SRI MRUTYUNJAYA TATA BANGI, FOR SRI
SHARANABASAVA ANGADI, ADVOCATE)
AND:
1. ABUDAKAR S/O. MOHAMEDRAFIK BANKAPUR
AGE. MAJOR, OCC. AGRICULTURE,
R/O. "SIMPLEX MANSON", MATSON SOFA,
OPP. KASABAPET, POLICE STATION, OLD HUBBALLI,
HUBBALLI, DIST. DHARWAD-580020.
2. THE ARBITRATOR FOR NATIONAL
HIGHWAYS AUTHORITY OF INDIA,
NH-63 AND ADDITIONAL DEPUTY COMMISSIONER,
DHARWAD-580001.
...RESPONDENTS
(BY SRI S.M. KALWAD, ADVOCATE FOR R1;
SMT. KIRTHI LATHA PATIL, HCGP FOR R2)
THIS MISCELLANEOUS FIRST APPEAL FILED UNDER
SECTION 37(1) OF THE ARBITRATION AND CONCILIATION
ACT, 1996, PRAYING TO ALLOW THIS APPEAL AND SET
ASIDE THE JUDGMENT PASSED BY THE LEARNED V
ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD,
SITTING AT HUBBALLI IN ARBITRATION PETITION
NO.5033/2022 DATED 31.03.2023, IN THE INTEREST OF
JUSTICE AND EQUITY & ETC.,.
-6-
NC: 2025:KHC-D:18107-DB
MFA No. 105711 of 2023
C/W MFA No. 105086 of 2023
AND 5 OTHERS
HC-KAR
IN MFA NO. 105109/2023:
BETWEEN:
1. THE DEPUTY GENERAL MANAGER
(TECH) AND THE PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
PROJECT IMPLEMENTATION UNIT, 2ND CROSS,
SATTUR COLONY, VIDYAGIRI, DHARWAD-580004.
2. THE SPECIAL LAND ACQUISITION OFFICER,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
NH-63, DHARA MAHAL, 1ST FLOOR, 5TH CROSS,
U.B.HILLS, DHARWAD-580007.
... APPELLANTS
(BY SRI MRUTYUNJAYA TATA BANGI, FOR SRI
SHARANABASAVA ANGADI, ADVOCATE)
AND:
1. TAKANAGOUDA S/O. NINGANGOUDA HOSAMANI
AGE. MAJOR, OCC. AGRICULTURE,
R/O. KOTAGONDHUNASHI,
TQ. HUBBALLI, DIST. DHARWAD-580024.
2. THE ARBITRATOR FOR NATIONAL
HIGHWAYS AUTHORITY OF INDIA,
NH-63 AND ADDITIONAL DEPUTY COMMISSIONER,
DHARWAD-580001.
...RESPONDENTS
(BY SRI S.M. KALWAD, ADVOCATE FOR R1;
SMT. KIRTHI LATHA PATIL, HCGP FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 37(1) OF ARBITRATION AND CONCILIATION ACT,
1996, PRAYING TO ALLOW AND SET ASIDE THE JUDGMENT
DATED 18.04.2023, PASSED IN ARBITRATION
NO.5027/2022, ON THE FILE OF THE V-ADDITIONAL
DISTRICT AND SESSIONS JUDGE DHARWAD SITTING AT
HUBBALLI, IN THE INTEREST OF JUSTICE AND EQUITY
ETC.,.
-7-
NC: 2025:KHC-D:18107-DB
MFA No. 105711 of 2023
C/W MFA No. 105086 of 2023
AND 5 OTHERS
HC-KAR
IN MFA NO. 105710/2023:
BETWEEN:
1. THE DEPUTY GENERAL MANAGER,
(TECH) AND THE PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
PROJECT IMPLEMENTATION UNIT 2ND CROSS,
SATTUR COLONY, VIDYAGIRI, DHARWAD-580004.
2. THE SPECIAL LAND ACQUISITION OFFICER,
NATIONAL HIGHWAYS AUTHORITY OF INDIA
NH-63, DHARA MAHAL, 1ST FLOOR, 5TH CROSS,
U.B.HILLS, DHARWAD-580007.
... APPELLANTS
(BY SRI MRUTYUNJAYA TATA BANGI, FOR SRI
SHARANABASAVA ANGADI, ADVOCATE)
AND:
1. JULIA W/O. MALCOM JOSEPH PINTO
AGE. MAJOR, OCC. AGRICULTURE,
R/O. NO.43/1, BEL VILLE, PINTO ROAD,
HUBBALLI, DIST. DHARWAD-580020.
2. MOHAN S/O. MALCOM JOSEPH PINTO
AGE. MAJOR, OCC. AGRICULTURE,
R/O. NO.43/1, BEL VILLE, PINTO ROAD,
HUBBALLI, DIST. DHARWAD-580020.
3. THE ARBITRATOR FOR NATIONAL
HIGHWAYS AUTHORITY OF INDIA,
NH-63 AND ADDITIONAL DEPUTY COMMISSIONER,
DHARWAD-580001.
...RESPONDENTS
(BY SRI S.M. KALWAD, ADVOCATE FOR R1 AND R2;
SMT. KIRTHI LATHA PATIL, HCGP FOR R3)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 37(1) OF ARBITRATION AND CONCILIATION ACT,
1996, PRAYING TO ALLOW AND SET ASIDE THE JUDGMENT
-8-
NC: 2025:KHC-D:18107-DB
MFA No. 105711 of 2023
C/W MFA No. 105086 of 2023
AND 5 OTHERS
HC-KAR
DATED 18.04.2023, PASSED IN ARBITRATION PETITION
NO.5019/2022 ON THE FILE OF THE V-ADDITIONAL
DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT
HUBBALLI, IN THE INTEREST OF JUSTICE & ETC.,.
IN MFA NO. 105714/2023:
BETWEEN:
1. THE DEPUTY GENERAL MANAGER
(TECH) AND PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
PROJECT IMPLEMENTATION UNIT,
2ND CROSS, SATTUR COLONY,
VIDYAGIRI, DHARWAD-580004.
2. THE SPECIAL LAND ACQUISITION OFFICER,
NATIONAL HIGHWAYS AUTHORITY OF INDIA
NO.63, DHARA MAHAL, 1ST FLOOR, 5TH CROSS,
U.B.HILLS, DHARWAD-580007.
... APPELLANTS
(BY SRI MRUTYUNJAYA TATA BANGI, FOR SRI
SHARANABASAVA ANGADI, ADVOCATE)
AND:
1. SHRI SHANKAR S/O. SHIVAPPA KOLIWAD
AGE. MAJOR, OCC. AGRICULTURE,
R/O. JANANI, NO.17, 1ST MAIN,
KALYANA NAGAR, HUBBALLI,
DIST. DHARWAD-580020.
2. THE ARBITRATOR FOR NATIONAL
HIGHWAYS AUTHORITY OF INDIA,
NH-63 AND ADDITIONAL DEPUTY COMMISSIONER,
DHARWAD-580001.
...RESPONDENTS
(SRI S.M. KALWAD, ADVOCATE FOR R1;
SMT. KIRTHI LATHA PATIL, HCGP FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 37(1) OF ARBITRATION AND CONCILIATION ACT,
-9-
NC: 2025:KHC-D:18107-DB
MFA No. 105711 of 2023
C/W MFA No. 105086 of 2023
AND 5 OTHERS
HC-KAR
1996, PRAYING TO ALLOW THIS APPEAL AND SET ASIDE
THE JUDGMENT PASSED BY THE LEARNED V ADDITIONAL
DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT
HUBBALLI, IN ARBITRATION PETITION NO.5021/2022
DATED 18.04.2023, IN THE INTEREST OF JUSTICE AND
EQUITY & ETC.,.
THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR
HEARING ON INTERLOCUTORY APPLICATIONS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MRS JUSTICE GEETHA K.B.
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S G PANDIT)
In all these appeals, learned counsel for appellants
files memo dated 12.12.2025, which is signed by appellant
No.1 Project Director of NHAI, which reads as follows:
"MEMO FOR WITHDRAWAL
The counsel for the appellants most humbly submits that, the appellants does not intend to prosecute the top noted appeal. Hence this Hon'ble Court may be pleased to permit the appellants to withdraw the top noted appeal to meet the ends of justice and equity."
2. In terms of the memo, these appeals stand
disposed of.
- 10 -
NC: 2025:KHC-D:18107-DB
AND 5 OTHERS
HC-KAR
3. In view of disposal of appeals, pending
interlocutory applications, if any, stand disposed of as they
do not survive for consideration.
Sd/-
(S G PANDIT) JUDGE
Sd/-
(GEETHA K.B.) JUDGE MRK, CT: CMU LIST NO.: 1 SL NO.: 26
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