Karnataka High Court
The Special Land Acquisition Officer vs Nandini W/O Kashyap Majethia on 15 September, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
NC: 2025:KHC-D:12086
WP No. 106413 of 2025
C/W WP No. 105023 of 2025
WP No. 105050 of 2025
AND 14 OTHERS
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 15TH DAY OF SEPTEMBER, 2025
BEFORE R
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 106413 OF 2025 (GM-CPC)
C/W
WRIT PETITION NO. 105023 OF 2025
WRIT PETITION NO. 105050 OF 2025
WRIT PETITION NO. 106414 OF 2025
WRIT PETITION NO. 106451 OF 2025
WRIT PETITION NO. 106553 OF 2025
WRIT PETITION NO. 106718 OF 2025
WRIT PETITION NO. 106719 OF 2025
WRIT PETITION NO. 106720 OF 2025
WRIT PETITION NO. 106721 OF 2025
WRIT PETITION NO. 106722 OF 2025
WRIT PETITION NO. 106723 OF 2025
WRIT PETITION NO. 106732 OF 2025
Digitally signed WRIT PETITION NO. 106733 OF 2025
by GIRIJA A. WRIT PETITION NO. 106739 OF 2025
BYAHATTI
Location: HIgh
WRIT PETITION NO. 106743 OF 2025
Court of WRIT PETITION NO. 106752 OF 2025
Karnataka,
Dharwad Bench,
Dharwad
IN WP.NO.106413/2025:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
NATIONAL HIGHWAY NO.63,
DHARA MAHAL, 1ST FLOOR, 5TH CROSS,
UB HILL, DHARWAD-580007.
-2-
NC: 2025:KHC-D:12086
WP No. 106413 of 2025
C/W WP No. 105023 of 2025
WP No. 105050 of 2025
AND 14 OTHERS
HC-KAR
2. THE GENERAL MANAGER
AND THE PROJECT DIRECTOR
NATIONAL HIGHWAY AUTHORITY OF INDIA (PIU)
SHIVAKRUPA NIVAS,
2ND CROSS, VIVEKANANDA NAGAR,
NEXT TO EXCELLENT NEET ACADEMY,
VIDYAGIRI, DHARWAD-580004.
...PETITIONERS
(BY SRI. B.P. MATHAPATI, ADVOCATE)
AND:
MAHAGUNDAPPA
S/O. ISHWARAPPA PATTANASHETTI,
SINCE DECEASED BY HIS LRS.,
1. KASTURI W/O. MAHAGUNDAPPA PATTANASHETTI,
AGE: 62 YEARS, OCC. HOUSEHOLD,
R/O. C/O. VIJAYKUMAR S TALIKOTI,
NO.402, 5TH FLOOR,
BEHIND K.L.E.SCHOOL,
J.P.NAGAR, GOKUL ROAD,
HUBBALLI, TQ. HUBBALLLI,
DIST. DHARWAD-580030.
2. SARVAMANGALA W/O. BASAVARAJ KADAGAD,
AGE: 48 YEARS, OCC. HOUSEHOLD,
R/O. C/O. VIJAYKUMAR S TALIKOTI,
NO.402, 5TH FLOOR,
BEHIND K.L.E.SCHOOL,
J.P.NAGAR, GOKUL ROAD,
HUBBALLI, TQ. HUBBALLLI,
DIST. DHARWAD-580030.
3. MAHANTAMMA @ NAVYA
W/O. VIJAYKUMAR TALIKOTI,
AGE: 42 YEARS OCC. HOUSEHOLD,
R/O. C/O. VIJAYKUMAR S TALIKOTI,
NO.402, 5TH FLOOR,
-3-
NC: 2025:KHC-D:12086
WP No. 106413 of 2025
C/W WP No. 105023 of 2025
WP No. 105050 of 2025
AND 14 OTHERS
HC-KAR
BEHIND K.L.E.SCHOOL,
J.P.NAGAR, GOKUL ROAD,
HUBBALLI, TQ. HUBBALLLI,
DIST. DHARWAD-580030.
4. BASAVARAJESHWARI W/O. SHRISHAIL JOLAD,
AGE: 37 YEARS OCC. HOUSEHOLD,
R/O. C/O. VIJAYKUMAR S TALIKOTIM
NO.402, 5TH FLOOR,
BEHIND K.L.E.SCHOOL,
J.P.NAGAR, GOKUL ROAD,
HUBBALLI, TQ. HUBBALLLI,
DIST. DHARWAD-580030.
5. PRASHANTH KUMAR
S/O. MAHAGUNDAPPA PATTANASHETTY,
AGE: 35 YEARS, OCC. BUSINESS,
R/O. C/O. VIJAYKUMAR S TALIKOTI,
NO.402, 5TH FLOOR,
BEHIND K.L.E.SCHOOL,
J.P.NAGAR, GOKUL ROAD,
HUBBALLI, TQ. HUBBALLLI,
DIST. DHARWAD-580030.
...RESPONDENTS
(BY SRI. S.M. KALWAD, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ORDER 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) ISSUE A
WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE
IMPUGNED ORDER DATED 04-08-2025 PASSED BY THE HON'BLE
PRINCIPAL DISTRICT AND SESSIONS JUDGE, DHARWAD IN
EXECUTION PETITION NO. 439/2023, VIDE ANNEXURE-G. II)
ISSUE ANY OTHER WRIT OR DIRECTION AS THIS HON'BLE
COURT THINKS FIT AND PROPER IN THE INTEREST OF JUSTICE
AND EQUITY.
-4-
NC: 2025:KHC-D:12086
WP No. 106413 of 2025
C/W WP No. 105023 of 2025
WP No. 105050 of 2025
AND 14 OTHERS
HC-KAR
IN WP.NO.105023/2025:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
NATIONAL HIGHWAY AUTHORITY OF INDIA,
NH-63, "DHARA MAHAL," 1ST FLOOR, 5TH CROSS,
UB HILL, DHARWAD-580007.
2. THE GENERAL MANAGER
AND THE PROJECT DIRECTOR,
NATIONAL HIGHWAY AUTHORITY OF INDIA, (PIU),
SHIVAKRUPA NIVAS, VIVEKANANDA NAGAR,
2ND CROSS, NEXT TO EXCELLENT NEET ACADEMY,
VIDYAGIRI, DHARWAD-580004.
...PETITIONERS
(BY SRI. B.P. MATHAPATI, ADVOCATE)
AND:
BASAVANNEPPA T. ALAGAWADI
AGE: 68 YEARS, OCC. RETIRED,
R/O. BANDIWAD VILLAGE,
POST: MANTUR, TQ. HUBBALLI,
DIST. DHARWAD-580023.
...RESPONDENT
(BY SRI. C.S. SHETTAR AND
SMT. KAVYA C. SHETTAR, ADVOCATE FOR C/R1)
---
THIS WRIT PETITION IS FILED UNDER ORDER 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) ISSUE A
WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE
IMPUGNED ORDER DATED. 25-06-2025 PASSED BY THE
HON'BLE PRINCIPAL DISTRICT AND SESSIONS JUDGE,
DHARWAD IN EXECUTION PETITION NO. 488/2023, VIDE
ANNEXURE-G AND ETC.
-5-
NC: 2025:KHC-D:12086
WP No. 106413 of 2025
C/W WP No. 105023 of 2025
WP No. 105050 of 2025
AND 14 OTHERS
HC-KAR
IN WP.NO.105050/2025:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
NATIONAL HIGHWAY AUTHORITY OF INDIA,
NH-63, "DHARA MAHAL," 1ST FLOOR, 5TH CROSS,
UB HILL, DHARWAD-580007.
2. THE GENERAL MANAGER
AND THE PROJECT DIRECTOR,
NATIONAL HIGHWAY AUTHORITY OF INDIA, (PIU),
SHIVAKRUPA NIVAS, VIVEKANANDA NAGAR,
2ND CROSS, NEXT TO EXCELLENT NEET ACADEMY,
VIDYAGIRI, DHARWAD-580004.
...PETITIONERS
(BY SRI. B.P. MATHAPATI, ADVOCATE)
AND:
SHEKARAPPA T ALAGAWADI
AGE: 62 YEARS, OCC. RETIRED,
R/O. BANDIWAD VILLAGE,
POST: MANTUR, TQ. HUBBALLI,
DIST. DHARWAD 580023.
...RESPONDENT
(BY SRI. C.S. SHETTAR AND
SMT. KAVYA C. SHETTAR, ADVOCATE FOR C/R1)
THIS WRIT PETITION IS FILED UNDER ORDER 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO I) ISSUE A WRIT IN THE
NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER
DATED. 25-06-2025 PASSED BY THE HON'BLE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, DHARWAD IN EXECUTION
PETITION NO. 487/2023, VIDE ANNEXURE-G AND ETC.
-6-
NC: 2025:KHC-D:12086
WP No. 106413 of 2025
C/W WP No. 105023 of 2025
WP No. 105050 of 2025
AND 14 OTHERS
HC-KAR
IN WP.NO.106414/2025:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
NATIONAL HIGHWAY NO.63,
"DHARA MAHAL", 1ST FLOOR, 5TH CROSS,
UB HILL, DHARWAD-580007.
2. THE GENERAL MANAGER
AND THE PROJECT DIRECTOR
NATIONAL HIGHWAY AUTHORITY OF INDIA, (PIU),
SHIVAKRUPA NIVAS,
2ND CROSS, VIVEKANANDA NAGAR,
NEXT TO EXCELLENT NEET ACADEMY,
VIDYAGIRI, DHARWAD-580004.
...PETITIONERS
(BY SRI. B.P. MATHAPATI, ADVOCATE)
AND:
1. VIMALA URF VIMALADEVI W/O. BABULAL KOTHARI,
AGE: 66 YEARS, OCC. BUSINESS,
R/O. B MAHENDRA AND BRO,
DURGADBAIL, HUBBALLI,
TQ.HUBBALLI, DIST. DHARWAD-580029.
2. PUSHPA W/O. RAMESH KOTHARI,
AGE: 61 YEARS, OCC. BUSINESS,
R/O. B MAHENDRA AND BRO,
DURGADBAIL, HUBBALLI,
TQ.HUBBALLI, DIST. DHARWAD-580029.
3. ANITA W/O. VIKRAM KOTHARI
AGE: 56 YEARS, OCC. BUSINESS,
R/O. B MAHENDRA AND BRO,
DURGADBAIL, HUBBALLI,
TQ.HUBBALLI, DIST. DHARWAD-580029.
4. CHANDANBAI W/O. MAHENDRA KOTHARI,
AGE: 55 YEARS, OCC. BUSINESS,
-7-
NC: 2025:KHC-D:12086
WP No. 106413 of 2025
C/W WP No. 105023 of 2025
WP No. 105050 of 2025
AND 14 OTHERS
HC-KAR
R/O. B MAHENDRA AND BRO,
DURGADBAIL, HUBBALLI,
TQ.HUBBALLI, DIST. DHARWAD-580029.
...RESPONDENTS
(BY SRI. S.M. KALWAD, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ORDER 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) ISSUE A
WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE
IMPUGNED ORDER DATED 04-08-2025 PASSED BY THE HON'BLE
PRINCIPAL DISTRICT AND SESSIONS JUDGE, DHARWAD IN
EXECUTION PETITION NO.443/2023, VIDE ANNEXURE-G. II)
ISSUE ANY OTHER WRIT OR DIRECTION AS THIS HON'BLE
COURT THINKS FIT AND PROPER IN THE INTEREST OF JUSTICE
AND EQUITY.
IN WP.NO.106451/2025:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
NATIONAL HIGHWAY NO.63,
"DHARA MAHAL", 1ST FLOOR, 5TH CROSS,
UB HILL, DHARWAD-580007.
2. THE GENERAL MANAGER
AND THE PROJECT DIRECTOR,
NATIONAL HIGHWAY AUTHORITY OF INDIA, (PIU),
SHIVAKRUPA NIVAS, 2ND CROSS,
VIVEKANANDA NAGAR,
NEXT TO EXCELLENT NEET ACADEMY,
VIDYAGIRI, DHARWAD-580004.
...PETITIONERS
(BY SRI. B.P. MATHAPATI, ADVOCATE)
AND:
1. SHANKARAPPA S/O. ISHWARAPPA MUNAVALLI,
AGE: 72 YEARS, OCC. BUSINESS,
R/O. DESHAPANDE NAGAR,
-8-
NC: 2025:KHC-D:12086
WP No. 106413 of 2025
C/W WP No. 105023 of 2025
WP No. 105050 of 2025
AND 14 OTHERS
HC-KAR
HUBBALLI, TQ. HUBBALLLI,
DIST. DHARWAD-580029.
2. MANJUNATH S/O. SHANKARAPAP MUNAVALLI
AGE: 47 YEARS, OCC. BUSINESS,
R/O. DESHAPANDE NAGAR,
HUBBALLI, TQ. HUBBALLLI,
DIST. DHARWAD-580029.
3. RAJU S/O. SHANKARAPPA MUNAVALLI,
AGE: 46 YEARS, OCC. BUSINESS,
R/O. DESHAPANDE NAGAR,
HUBBALLI, TQ. HUBBALLLI,
DIST. DHARWAD-580029.
4. SANTOSH S/O. SHANKARAPPA MUNAVALLI,
AGE: 44 YEARS, OCC. BUSINESS,
R/O. DESHAPANDE NAGAR,
HUBBALLI, TQ. HUBBALLLI,
DIST. DHARWAD-580029.
5. SATISH S/O. SHANKARAPPA MUNAVALLI,
AGE: 42 YEARS, OCC. BUSINESS,
6. KIRAN S/O. SHANKARAPPA MUNAVALLI,
AGE: 40 YEARS, OCC. BUSINESS,
R/O. DESHAPANDE NAGAR,
HUBBALLI, TQ. HUBBALLLI,
DIST. DHARWAD-580029.
7. SANDEEP S/O. BASAVARAJ MUNAVALLI,
AGE: 34 YEARS, OCC. BUSINESS,
R/O. DESHAPANDE NAGAR,
HUBBALLI, TQ. HUBBALLLI,
DIST. DHARWAD-580029.
(SL.NO.1 TO 4 AND 6 AND 7 ARE
R/BY. THEIR GPA HOLDER RESPONDENT NO.5
I.E. SATISH S/O. SHANKARAPPA MUNAVALLI)
...RESPONDENTS
(BY SRI. S.M. KALWAD, ADVOCATE)
-9-
NC: 2025:KHC-D:12086
WP No. 106413 of 2025
C/W WP No. 105023 of 2025
WP No. 105050 of 2025
AND 14 OTHERS
HC-KAR
THIS WRIT PETITION IS FILED UNDER ORDER 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO I) ISSUE A WRIT IN THE
NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER
DATED 04-08-2025 PASSED BY THE HON'BLE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, DHARWAD IN EXECUTION
PETITION NO.470/2023, VIDE ANNEXURE-G. I) ISSUE ANY
OTHER WRIT OR DIRECTION AS THIS HON'BLE COURT THINKS
FIT AND PROPER IN THE INTEREST OF JUSTICE AND EQUITY.
IN WP.NO.106553/2025:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
NATIONAL HIGHWAY AUTHORITY OF INDIA,
NH-63, "DHARA MAHAL," 1ST FLOOR, 5TH CROSS,
UB HILL, DHARWAD-580007.
2. THE GENERAL MANAGER
AND THE PROJECT DIRECTOR,
NATIONAL HIGHWAY AUTHORITY OF INDIA, (PIU),
SHIVAKRUPA NIVAS, VIVEKANANDA NAGAR,
2ND CROSS, NEXT TO EXCELLENT NEET ACADEMY,
VIDYAGIRI, DHARWAD-580004.
...PETITIONERS
(BY SRI. B.P. MATHAPATI, ADVOCATE)
AND:
THE FARMERS CO-OPERATIVE SPINNING
MILL LTD., HULKOTI,
R/BY. ITS MANAGING DIRECTOR,
YALLAPPA S/O. BASAPPA KARIKATTI,
AGE: MAJOR, OCC. MANAGING DIRECTOR,
R/O. HULKOTI VILLAGE, TQ. GADAG,
DIST. GADAG-582205.
...RESPONDENT
(BY SRI. S.M. KALWAD, ADVOCATE)
- 10 -
NC: 2025:KHC-D:12086
WP No. 106413 of 2025
C/W WP No. 105023 of 2025
WP No. 105050 of 2025
AND 14 OTHERS
HC-KAR
THIS WRIT PETITION IS FILED UNDER ORDER 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO I) ISSUE A WRIT IN THE
NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER
DATED. 04-08-2025 PASSED BY THE HON'BLE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, DHARWAD IN EXECUTION
PETITION NO. 327/2023, VIDE ANNEXURE-G. II) ISSUE ANY
OTHER WRIT OR DIRECTION AS THIS HON'BLE COURT THINKS
FIT AND PROPER IN THE INTEREST OF JUSTICE AND EQUITY.
IN WP.NO.106718/2025:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
NATIONAL HIGHWAY NO.63,
"DHARA MAHAL", 1ST FLOOR, 5TH CROSS,
UB HILL, DHARWAD-580007.
2. THE GENERAL MANAGER
AND THE PROJECT DIRECTOR
NATIONAL HIGHWAY AUTHORITY OF INDIA, (PIU),
SHIVAKRUPA NIVAS,
2ND CROSS, VIVEKANANDA NAGAR,
NEXT TO EXCELLENT NEET ACADEMY,
VIDYAGIRI, DHARWAD-580004.
...PETITIONERS
(BY SRI. B.P. MATHAPATI, ADVOCATE)
AND:
1. BASAVNNEVVA W/O. MAHADEVAPPA KUNDAGOL,
AGE: 69 YEARS, OCC. AGRICULTURE,
R/O.NALAVADI VILLAGE, TQ. ANNIGERI,
DIST.DHARWAD-580023.
2. SHAKUNTALA W/O. PURADEERAPPA BASAPUR,
AGE: 53 YEARS, OCC. AGRICULTURE,
R/O.NALAVADI VILLAGE, TQ. ANNIGERI,
DIST.DHARWAD-580023.
- 11 -
NC: 2025:KHC-D:12086
WP No. 106413 of 2025
C/W WP No. 105023 of 2025
WP No. 105050 of 2025
AND 14 OTHERS
HC-KAR
3. SHANKARAPPA S/O. MAHADEVAPPA KUNDAGOL,
AGE: 47 YEARS, OCC. AGRICULTURE,
R/O.NALAVADI VILLAGE, TQ. ANNIGERI,
DIST.DHARWAD-580023.
4. ROOPA W/O. SHANKAR KANAKUR,
AGE: 43 YEARS, OCC. AGRICULTURE,
R/O.NALAVADI VILLAGE, TQ. ANNIGERI,
DIST.DHARWAD-580023.
SL.NO. 1,2 AND 4 ARE R/BY. THEIR
SPL P.A.HOLDER SL.NO.3 I.E.,
SHANKARAPPA S/O. MAHADEVAPPA KUNDAGOL.
...RESPONDENTS
(BY SRI. S.M. KALWAD, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ORDER 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) ISSUE A
WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE
IMPUGNED ORDER DATED 04-08-2025 PASSED BY THE HON'BLE
PRINCIPAL DISTRICT AND SESSIONS JUDGE, DHARWAD IN
EXECUTION PETITION NO.34/2023, VIDE ANNEXURE-G. I)
ISSUE ANY OTHER WRIT OR DIRECTION AS THIS HON'BLE
COURT THINKS FIT AND PROPER IN THE INTEREST OF JUSTICE
AND EQUITY.
IN WP.NO.106719/2025:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
NATIONAL HIGHWAY NO.63,
"DHARA MAHAL", 1ST FLOOR, 5TH CROSS,
UB HILL, DHARWAD-580007.
2. THE GENERAL MANAGER
AND THE PROJECT DIRECTOR
NATIONAL HIGHWAY AUTHORITY OF INDIA, (PIU),
- 12 -
NC: 2025:KHC-D:12086
WP No. 106413 of 2025
C/W WP No. 105023 of 2025
WP No. 105050 of 2025
AND 14 OTHERS
HC-KAR
SHIVAKRUPA NIVAS,
2ND CROSS, VIVEKANANDA NAGAR,
NEXT TO EXCELLENT NEET ACADEMY,
VIDYAGIRI, DHARWAD-580004.
...PETITIONERS
(BY SRI. B.P. MATHAPATI, ADVOCATE)
AND:
NANDINI W/O. KASHYAP MAJETHIA,
AGE: 40 YEARS, OCC. HOUSEHOLD,
R/O. 1960/10, "ASALISHAN" KRISHNA NAGAR.
NEAR DESHAPANDE NAGAR, HUBBALLI,
TQ. HUBBALLLI, DIST. DHARWAD-580020.
...RESPONDENT
(BY SRI. S.M. KALWAD, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ORDER 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO I. ISSUE A WRIT IN THE
NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER
DATED 04-08-2025 PASSED BY THE HON'BLE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, DHARWAD IN EXECUTION
PETITION NO.432/2023, VIDE ANNEXURE-H, II. ISSUE ANY
OTHER WRIT OR DIRECTION AS THIS HON'BLE COURT THINKS
FIT AND PROPER IN THE INTEREST OF JUSTICE AND EQUITY.
IN WP.NO.106720/2025:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
NATIONAL HIGHWAY AUTHORITY OF INDIA,
NH-63, "DHARA MAHAL,"
1ST FLOOR, 5TH CROSS,
UB HILL, DHARWAD-580007.
2. THE GENERAL MANAGER
AND THE PROJECT DIRECTOR,
NATIONAL HIGHWAY AUTHORITY OF INDIA, (PIU),
- 13 -
NC: 2025:KHC-D:12086
WP No. 106413 of 2025
C/W WP No. 105023 of 2025
WP No. 105050 of 2025
AND 14 OTHERS
HC-KAR
SHIVAKRUPA NIVAS, VIVEKANANDA NAGAR,
2ND CROSS, NEXT TO EXCELLENT NEET ACADEMY,
VIDYAGIRI, DHARWAD-580004.
...PETITIONERS
(BY SRI. B.P. MATHAPATI, ADVOCATE)
AND:
THE GADAG CO-OPERATIVE TEXTILE MILL LTD.,
HULKOTI, R/BY. ITS SECRETARY,
YALLAPPA S/O. BASAPPA KARIKATTI,
AGE: MAJOR, OCC. SECRETARY,
R/O. HULKOTI VILLAGE, TQ. GADAG,
DIST. GADAG-582205.
...RESPONDENT
(BY SRI. S.M. KALWAD, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ORDER 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO I. ISSUE A WRIT IN THE
NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER
DATED 04-08-2025 PASSED BY THE HON'BLE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, DHARWAD IN EXECUTION
PETITION NO.328/2023, VIDE ANNEXURE-G, II. ISSUE ANY
OTHER WRIT OR DIRECTION AS THIS HON'BLE COURT THINKS
FIT AND PROPER IN THE INTEREST OF JUSTICE AND EQUITY.
IN WP.NO.106721/2025:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
NATIONAL HIGHWAY NO.63,
"DHARA MAHAL", 1ST FLOOR, 5TH CROSS,
UB HILL, DHARWAD-580007.
2. THE GENERAL MANAGER
AND THE PROJECT DIRECTOR
NATIONAL HIGHWAY AUTHORITY OF INDIA, (PIU),
SHIVAKRUPA NIVAS,
- 14 -
NC: 2025:KHC-D:12086
WP No. 106413 of 2025
C/W WP No. 105023 of 2025
WP No. 105050 of 2025
AND 14 OTHERS
HC-KAR
2ND CROSS, VIVEKANANDA NAGAR,
NEXT TO EXCELLENT NEET ACADEMY,
VIDYAGIRI, DHARWAD-580004.
...PETITIONERS
(BY SRI. B.P. MATHAPATI, ADVOCATE)
AND:
1. HANUMANTSA S/O. PREMANATSA KATEGAR,
AGE: 51 YEARS, OCC. AGRICULTURE,
R/O. NALAVADI VILLAGE, TQ.ANNIGERI,
DIST. DHARWAD-580023.
2. ANIL S/O. PREMANATSA KATEGAR,
AGE: 43 YEARS, OCC. AGRICULTURE,
R/O. NALAVADI VILLAGE, TQ.ANNIGERI,
DIST. DHARWAD-580023.
...RESPONDENTS
(BY SRI. S.M. KALWAD, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ORDER 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO I. ISSUE A WRIT IN THE
NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER
DATED 04-08-2025 PASSED BY THE HON'BLE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, DHARWAD IN EXECUTION
PETITION NO.32/2023, VIDE ANNEXURE-F, II. ISSUE ANY
OTHER WRIT OR DIRECTION AS THIS HON'BLE COURT THINKS
FIT AND PROPER IN THE INTEREST OF JUSTICE AND EQUITY.
IN WP.NO.106722/2025:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
NATIONAL HIGHWAY NO.63,
"DHARA MAHAL", 1ST FLOOR, 5TH CROSS,
UB HILL, DHARWAD-580007.
2. THE GENERAL MANAGER
AND THE PROJECT DIRECTOR
- 15 -
NC: 2025:KHC-D:12086
WP No. 106413 of 2025
C/W WP No. 105023 of 2025
WP No. 105050 of 2025
AND 14 OTHERS
HC-KAR
NATIONAL HIGHWAY AUTHORITY OF INDIA, (PIU),
SHIVAKRUPA NIVAS,
2ND CROSS, VIVEKANANDA NAGAR,
NEXT TO EXCELLENT NEET ACADEMY,
VIDYAGIRI, DHARWAD-580004.
...PETITIONERS
(BY SRI. B.P. MATHAPATI, ADVOCATE)
AND:
1. HANUMANTSA S/O. PREMANATSA KATEGAR,
AGE: 51 YEARS, OCC. AGRICULTURE,
R/O. NALAVADI VILLAGE, TQ.ANNIGERI,
DIST. DHARWAD-580023.
2. ANIL S/O. PREMANATSA KATEGAR,
AGE: 43 YEARS, OCC. AGRICULTURE,
R/O. NALAVADI VILLAGE, TQ.ANNIGERI,
DIST. DHARWAD-580023.
...RESPONDENTS
(BY SRI. S.M. KALWAD, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ORDER 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO I. ISSUE A WRIT IN THE
NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER
DATED 04-08-2025 PASSED BY THE HON'BLE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, DHARWAD IN EXECUTION
PETITION NO.31/2023, VIDE ANNEXURE-F. II. ISSUE ANY
OTHER WRIT OR DIRECTION AS THIS HON'BLE COURT THINKS
FIT AND PROPER IN THE INTEREST OF JUSTICE AND EQUITY.
IN WP.NO.106723/2025:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
NATIONAL HIGHWAY AUTHORITY OF INDIA,
NH-63, "DHARA MAHAL," 1ST FLOOR, 5TH CROSS,
UB HILL, DHARWAD-580007.
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NC: 2025:KHC-D:12086
WP No. 106413 of 2025
C/W WP No. 105023 of 2025
WP No. 105050 of 2025
AND 14 OTHERS
HC-KAR
2. THE GENERAL MANAGER
AND THE PROJECT DIRECTOR,
NATIONAL HIGHWAY AUTHORITY OF INDIA, (PIU),
SHIVAKRUPA NIVAS, VIVEKANANDA NAGAR,
2ND CROSS, NEXT TO EXCELLENT NEET ACADEMY,
VIDYAGIRI, DHARWAD-580004.
...PETITIONERS
(BY SRI. B.P. MATHAPATI, ADVOCATE)
AND:
ARAVIND ENTERPRISES, HULKOTI
R/BY. MANAGING PARTNER,
NARAYAN S/O. RAMAPPA SAWAKAR,
AGE: MAJOR, OCC. BUSINESS,
R/O. HULKOTI VILLAGE,
TQ.DIST.GADAG-5822050
...RESPONDENT
(BY SRI. S.M. KALWAD, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ORDER 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO I. ISSUE A WRIT IN THE
NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER
DATED 04-08-2025 PASSED BY THE HON'BLE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, DHARWAD IN EXECUTION
PETITION NO.329/2023, VIDE ANNEXURE-G. II. ISSUE ANY
OTHER WRIT OR DIRECTION AS THIS HON'BLE COURT THINKS
FIT AND PROPER IN THE INTEREST OF JUSTICE AND EQUITY.
IN WP.NO.106732/2025:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
NATIONAL HIGHWAY NO.63,
"DHARA MAHAL", 1ST FLOOR, 5TH CROSS,
UB HILL, DHARWAD-580007.
2. THE GENERAL MANAGER
AND THE PROJECT DIRECTOR
- 17 -
NC: 2025:KHC-D:12086
WP No. 106413 of 2025
C/W WP No. 105023 of 2025
WP No. 105050 of 2025
AND 14 OTHERS
HC-KAR
NATIONAL HIGHWAY AUTHORITY OF INDIA, (PIU),
SHIVAKRUPA NIVAS,
2ND CROSS, VIVEKANANDA NAGAR,
NEXT TO EXCELLENT NEET ACADEMY,
VIDYAGIRI, DHARWAD-580004.
...PETITIONERS
(BY SRI. B.P. MATHAPATI, ADVOCATE)
AND:
YATENDRA S/O. VASANATH KALAL,
AGE: 28 YEARS, OCC. BUSINESS,
R/O. #45, LOKAPANHAKKALA,
VIDYANAGAR, HUBBALLI, TQ. HUBBALLI,
DIST. DHARWAD-580020.
...RESPONDENT
(BY SRI. S.M. KALWAD, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ORDER 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO I. ISSUE A WRIT IN THE
NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER
DATED 04-08-2025 PASSED BY THE HON'BLE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, DHARWAD IN EXECUTION
PETITION NO.435/2023, VIDE ANNEXURE-G, II. ISSUE ANY
OTHER WRIT OR DIRECTION AS THIS HON'BLE COURT THINKS
FIT AND PROPER IN THE INTEREST OF JUSTICE AND EQUITY.
IN WP.NO.106733/2025:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
NATIONAL HIGHWAY NO.63,
"DHARA MAHAL", 1ST FLOOR, 5TH CROSS,
UB HILL, DHARWAD-580007.
2. THE GENERAL MANAGER
AND THE PROJECT DIRECTOR
NATIONAL HIGHWAY AUTHORITY OF INDIA, (PIU),
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NC: 2025:KHC-D:12086
WP No. 106413 of 2025
C/W WP No. 105023 of 2025
WP No. 105050 of 2025
AND 14 OTHERS
HC-KAR
SHIVAKRUPA NIVAS,
2ND CROSS, VIVEKANANDA NAGAR,
NEXT TO EXCELLENT NEET ACADEMY,
VIDYAGIRI, DHARWAD-580004.
...PETITIONERS
(BY SRI. B.P. MATHAPATI, ADVOCATE)
AND:
BASAVARAJ S/O. BANAPPA KUNDAGOL,
AGE: 66 YEARS, OCC. AGRICULTURE,
R/O.NALAVADI VILLAGE, TQ. ANNIGERI,
DIST. DHARWAD-580023.
...RESPONDENT
(BY SRI. S.M. KALWAD, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ORDER 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO I. ISSUE A
WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE
IMPUGNED ORDER DATED 04-08-2025 PASSED BY THE HON'BLE
PRINCIPAL DISTRICT AND SESSIONS JUDGE, DHARWAD IN
EXECUTION PETITION NO.77/2023, VIDE ANNEXURE-G, II.
ISSUE ANY OTHER WRIT OR DIRECTION AS THIS HON'BLE
COURT THINKS FIT AND PROPER IN THE INTEREST OF JUSTICE
AND EQUITY.
IN WP.NO.106739/2025:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
NATIONAL HIGHWAY NO.63,
"DHARA MAHAL", 1ST FLOOR, 5TH CROSS,
UB HILL, DHARWAD-580007.
2. THE GENERAL MANAGER
AND THE PROJECT DIRECTOR
NATIONAL HIGHWAY AUTHORITY OF INDIA, (PIU),
SHIVAKRUPA NIVAS,
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NC: 2025:KHC-D:12086
WP No. 106413 of 2025
C/W WP No. 105023 of 2025
WP No. 105050 of 2025
AND 14 OTHERS
HC-KAR
2ND CROSS, VIVEKANANDA NAGAR,
NEXT TO EXCELLENT NEET ACADEMY,
VIDYAGIRI, DHARWAD-580004.
...PETITIONERS
(BY SRI. B.P. MATHAPATI, ADVOCATE)
AND:
1. MOHAMMADA ALI @ MAHAMMEDALI
S/O. VAJIRAHMAD @ NAZIRAHMED MAKANDAR,
AGE: 53 YEARS, OCC. BUSINESS,
R/O KAGADAGERI ONI, GADAG,
DIST. GADAG-582101.
2. ABDULRAZAK S/O. VAJIRAHMAD
@ NAZIRAHMED MAKANDAR,
AGE: 53 YEARS, OCC. BUSINESS,
R/O. KAGADAGERI ONI, GADAG,
DIST. GADAG-582101.
...RESPONDENTS
(BY SRI. S.M. KALWAD, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ORDER 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO I. ISSUE A WRIT IN THE
NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER
DATED 04-08-2025 PASSED BY THE HON'BLE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, DHARWAD IN EXECUTION
PETITION NO.48/2024, VIDE ANNEXURE-F, II. ISSUE ANY
OTHER WRIT OR DIRECTION AS THIS HON'BLE COURT THINKS
FIT AND PROPER IN THE INTEREST OF JUSTICE AND EQUITY.
IN WP.NO.106743/2025:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
NATIONAL HIGHWAY NO.63,
"DHARA MAHAL", 1ST FLOOR, 5TH CROSS,
UB HILL, DHARWAD-580007.
- 20 -
NC: 2025:KHC-D:12086
WP No. 106413 of 2025
C/W WP No. 105023 of 2025
WP No. 105050 of 2025
AND 14 OTHERS
HC-KAR
2. THE GENERAL MANAGER
AND THE PROJECT DIRECTOR
NATIONAL HIGHWAY AUTHORITY OF INDIA, (PIU),
SHIVAKRUPA NIVAS,
2ND CROSS, VIVEKANANDA NAGAR,
NEXT TO EXCELLENT NEET ACADEMY,
VIDYAGIRI, DHARWAD-580004.
...PETITIONERS
(BY SRI. B.P. MATHAPATI, ADVOCATE)
AND:
SHANKARSA S/O. SHAMASA MIRAJKAR,
AGE: 66 YEARS, OCC. AGRICULTURE,
R/O, 1ST CROSS, BANKERS COLONY,
GADAG, DIST. GADAG-582101.
...RESPONDENT
(BY SRI. S.M. KALWAD, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ORDER 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO I. ISSUE A WRIT IN THE
NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER
DATED 04-08-2025 PASSED BY THE HON'BLE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, DHARWAD IN EXECUTION
PETITION NO.454/2023, VIDE ANNEXURE-G, II. ISSUE ANY
OTHER WRIT OR DIRECTION AS THIS HON'BLE COURT THINKS
FIT AND PROPER IN THE INTEREST OF JUSTICE AND EQUITY.
IN WP.NO.106752/2025:
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
NATIONAL HIGHWAY AUTHORITY OF INDIA,
NH-63, "DHARA MAHAL," 1ST FLOOR, 5TH CROSS,
UB HILL, DHARWAD-580007.
2. THE GENERAL MANAGER
AND THE PROJECT DIRECTOR,
NATIONAL HIGHWAY AUTHORITY OF INDIA, (PIU),
- 21 -
NC: 2025:KHC-D:12086
WP No. 106413 of 2025
C/W WP No. 105023 of 2025
WP No. 105050 of 2025
AND 14 OTHERS
HC-KAR
SHIVAKRUPA NIVAS, VIVEKANANDA NAGAR,
2ND CROSS, NEXT TO EXCELLENT NEET ACADEMY,
VIDYAGIRI, DHARWAD-580004.
...PETITIONERS
(BY SRI. B.P. MATHAPATI, ADVOCATE)
AND:
MAHADEVAGOUDA
S/O. PARVATAGOUD VIRANAGOUDRA @ IRANAGOUDRA,
AGE: 68 YEARS, OCC. AGRICULTURE,
R/O. KOTAGONDHUNASHI VILLAGE,
HUBBALLI, TQ. HUBBALLI,
DIST. DHARWAD-580020.
...RESPONDENT
(BY SRI. S.M. KALWAD, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ORDER 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO I. ISSUE A WRIT IN THE
NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER
DATED 04-08-2025 PASSED BY THE HON'BLE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, DHARWAD IN EXECUTION
PETITION NO.434/2023, VIDE ANNEXURE-G,II. ISSUE ANY
OTHER WRIT OR DIRECTION AS THIS HON'BLE COURT THINKS
FIT AND PROPER IN THE INTEREST OF JUSTICE AND EQUITY.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioners are before this Court seeking for the
following reliefs:
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AND 14 OTHERS
HC-KAR
WP.No.106413/2025:
i. Issue a Writ in the nature of Certiorari by
quashing the Impugned Order dated 04-08-2025
passed by the Hon'ble Principal district and
Sessions Judge, Dharwad in Execution Petition
no. 439/2023, vide Annexure-G.
ii. Issue any other Writ or direction as this Hon'ble
Court thinks fit and proper in the interest of
justice and equity.
WP.No.105023/2025:
i. Issue a Writ in the nature of Certiorari by
quashing the Impugned Order dated 25-06-2025
passed by the Hon'ble Principal district and
Sessions Judge, Dharwad in Execution Petition
no. 488/2023, vide Annexure-G.
ii. Issue any other Writ or direction as this Hon'ble
Court thinks fit and proper in the interest of
justice and equity.
WP.No.105050/2025:
i. Issue a Writ in the nature of Certiorari by
quashing the Impugned Order dated 25-06-2025
passed by the Hon'ble Principal district and
Sessions Judge, Dharwad in Execution Petition
no. 487/2023, vide Annexure-G.
ii. Issue any other Writ or direction as this Hon'ble
Court thinks fit and proper in the interest of
justice and equity.
WP.No.106414/2025:
i. Issue a Writ in the nature of Certiorari by
quashing the Impugned Order dated 04-08-2025
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NC: 2025:KHC-D:12086
AND 14 OTHERS
HC-KAR
passed by the Hon'ble Principal district and
Sessions Judge, Dharwad in Execution Petition
no.443/2023, vide Annexure-G.
ii. Issue any other Writ or direction as this Hon'ble
court thinks fit and proper in the interest of
justice and equity.
WP.No.106451/2025:
i. Issue a Writ in the nature of Certiorari by
quashing the Impugned Order dated 04-08-2025
passed by the Hon'ble Principal district and
Sessions Judge, Dharwad in Execution Petition
no.470/2023, vide Annexure-G.
ii. Issue any other Writ or direction as this Hon'ble
court thinks fit and proper in the interest of
justice and equity.
WP.No.106553/2025:
i. Issue a Writ in the nature of Certiorari by
quashing the Impugned Order dated. 04-08-
2025 passed by the Hon'ble principal district and
Sessions judge, Dharwad in Execution Petition
no. 327/2023, vide Annexure-G.
ii. Issue any other Writ or direction as this Hon'ble
court thinks fit and proper in the interest of
justice and equity.
WP.No.106718/2025:
i. Issue a Writ in the nature of Certiorari by
quashing the Impugned Order dated 04-08-2025
passed by the Hon'ble Principal district and
Sessions Judge, Dharwad in Execution Petition
no.34/2023, vide Annexure-G.
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NC: 2025:KHC-D:12086
AND 14 OTHERS
HC-KAR
ii. Issue any other Writ or direction as this Hon'ble
court thinks fit and proper in the interest of
justice and equity.
WP.No.106719/2025:
i. Issue a Writ in the nature of Certiorari by
quashing the Impugned Order dated 04-08-2025
passed by the Hon'ble Principal district and
Sessions Judge, Dharwad in Execution Petition
no.432/2023, vide Annexure-H.
ii. Issue any other Writ or direction as this Hon'ble
court thinks fit and proper in the interest of
justice and equity.
WP.No.106720/2025:
i. Issue a Writ in the nature of Certiorari by
quashing the Impugned Order dated 04-08-2025
passed by the Hon'ble Principal district and
Sessions Judge, Dharwad in Execution Petition
no.328/2023, vide Annexure-G.
ii. Issue any other Writ or direction as this Hon'ble
court thinks fit and proper in the interest of
justice and equity.
WP.No.106721/2025:
i. Issue a Writ in the nature of Certiorari by
quashing the Impugned Order dated 04-08-2025
passed by the Hon'ble Principal district and
Sessions Judge, Dharwad in Execution Petition
no.31/2023, vide Annexure-F.
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NC: 2025:KHC-D:12086
AND 14 OTHERS
HC-KAR
ii. Issue any other Writ or direction as this Hon'ble
court thinks fit and proper in the interest of
justice and equity.
WP.No.106722/2025:
i. Issue a Writ in the nature of Certiorari by
quashing the Impugned Order dated 04-08-2025
passed by the Hon'ble Principal district and
Sessions Judge, Dharwad in Execution Petition
no.31/2023, vide Annexure-F.
ii. Issue any other Writ or direction as this Hon'ble
court thinks fit and proper in the interest of
justice and equity.
WP.No.106723/2025:
i. Issue a Writ in the nature of Certiorari by
quashing the Impugned Order dated 04-08-2025
passed by the Hon'ble Principal district and
Sessions Judge, Dharwad in Execution Petition
no.329/2023, vide Annexure-G..
ii. Issue any other Writ or direction as this Hon'ble
court thinks fit and proper in the interest of
justice and equity.
WP.No.106732/2025:
i. Issue a Writ in the nature of Certiorari by
quashing the Impugned Order dated 04-08-2025
passed by the Hon'ble Principal district and
Sessions Judge, Dharwad in Execution Petition
no.435/2023, vide Annexure-G,
ii. Issue any other Writ or direction as this Hon'ble
court thinks fit and proper in the interest of
justice and equity.
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NC: 2025:KHC-D:12086
AND 14 OTHERS
HC-KAR
WP.No.106733/2025:
i. Issue a Writ in the nature of Certiorari by
quashing the Impugned Order dated 04-08-2025
passed by the Hon'ble Principal district and
Sessions Judge, Dharwad in Execution Petition
no.77/2023, vide Annexure-G,
ii. Issue any other Writ or direction as this Hon'ble
court thinks fit and proper in the interest of
justice and equity.
WP.No.106739/2025:
i. Issue a Writ in the nature of Certiorari by
quashing the Impugned Order dated 04-08-2025
passed by the Hon'ble Principal district and
Sessions Judge, Dharwad in Execution Petition
no.48/2024, vide Annexure-F.
ii. Issue any other Writ or direction as this Hon'ble
court thinks fit and proper in the interest of
justice and equity.
WP.No.106743/2025:
i. Issue a Writ in the nature of Certiorari by quashing
the Impugned Order dated 04-08-2025 passed by
the Hon'ble Principal district and Sessions Judge,
Dharwad in Execution Petition no.454/2023, vide
Annexure-G..
ii. issue any other Writ or direction as this Hon'ble
court thinks fit and proper in the interest of justice
and equity.
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NC: 2025:KHC-D:12086
AND 14 OTHERS
HC-KAR
WP.No.106752/2025:
i. Issue a Writ in the nature of Certiorari by
quashing the Impugned Order dated 04-08-2025
passed by the Hon'ble Principal district and
Sessions Judge, Dharwad in Execution Petition
no.434/2023, vide Annexure-G.
ii. Issue any other Writ or direction as this Hon'ble
court thinks fit and proper in the interest of
justice and equity.
2. At the very outset, it is required to be noticed that the
first petitioner is the Special Land Acquisition Officer
and the second petitioner is the General Manager and
Project Director, National Highways Authority of India
(NHAI). The Special Land Acquisition Officer being an
officer of the State of Karnataka representing the
interest of the State, it is shocking that the same
counsel who has filed Vakalatnama for NHAI has
appeared for the Special Land Acquisition Officer. The
Special Land Acquisition Officer, being a delegate of
the State of Karnataka, it is not permissible for the
NHAI to represent the Special Land Acquisition Officer,
more so when the Special Land Acquisition Officer is
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AND 14 OTHERS
HC-KAR
supposed to be an independent party to assess all the
issues independently and not act as the staff or as a
spokesman for the beneficiary of acquisition. This
aspect would have to be strictly construed by the
Managing Director of the National Highways Authority
of India. As such, learned counsel for the petitioners
is directed to bring the above order to the notice of
the Managing Director, NHAI. The Additional Registrar
(Judicial) is also directed to forward a copy of this
order to the Managing Director, NHAI, at his email
address.
3. In W.P.Nos.106413/2025, 106414/2025,
106451/2025, 106719/2025, 106732/2025,
106743/2025, and 106752/2025 (first set of cases), in
the arbitral award passed under Section 3G(5) of the
National Highways Act, 1956 (hereinafter referred
to as the 'Act of 1956', for short), the arbitrator
appointed by the Central Government had awarded
interest as per the Right to Fair Compensation and
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AND 14 OTHERS
HC-KAR
Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013 (hereinafter referred to
as the 'Act of 2013', for short).
4. In W.P.Nos.105023/2024, 105050/2025,
106553/2025, 106718/2025, 106720/2025,
106721/2025, 106722/2025, 106723/2025,
106733/2025 and 106739/2025 (second set of cases),
the Arbitrator under Section 3G(5) of the Act of 1956,
had awarded "applicable rate of interest".
5. The said awards had been questioned by the NHAI
under Section 34 of the Arbitration and Conciliation
Act, which came to be dismissed. Fortunately, in the
said proceedings under Section 34, the petitioner was
the National Highways Authority of India and the
Special Land Acquisition Officer was arrayed as
respondent No.3.
6. Subsequently, execution proceedings have been filed.
Memo of calculation having been submitted by the
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AND 14 OTHERS
HC-KAR
respective parties, the Execution Court was of the
opinion that interest at the rate of 9% would be
required to be paid until the date of possession, and
after possession was taken, interest at the rate of
15% would have to be paid in terms of Section 72 of
the Act of 2013. It is challenging this that the
petitioners are before this Court.
7. Sri B. P. Mathapati, learned counsel for the National
Highways Authority of India (NHAI), would submit
that;
7.1. There is a special provision in terms of Section
3(H)(5) of the Act of 1956, which requires
interest to be paid at 9% per annum, and on that
basis he submits that the Execution Court could
not have travelled beyond Section 3(H)(5) of the
Act of 1956 and taken into consideration the
interest at the rate of 15% for the purpose of
payment of compensation amounts.
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NC: 2025:KHC-D:12086
AND 14 OTHERS
HC-KAR
7.2. In terms of Section 3(H)(5) of the Act of 1956,
NHAI has already deposited the awarded amount
along with 9% p.a., and there is no further
amount which is required to be paid by the
NHAI. As such, the Execution Court could not
have, by considering the rate of interest to be
15%, come to a conclusion that there is default
on the part of the NHAI and issue an attachment
warrant against NHAI.
7.3. In this regard, he relies upon the decision of the
Hon'ble Apex Court in the case of State of
Punjab and Others v. Kishan Dayal Sharma1,
more particularly para 3 thereof, which is
reproduced hereunder for easy reference:
3. There is no dispute between the parties
that the decree which was put to execution
did not contain any order or direction for the
payment of any interest on the amount
which was payable to the decree holder
consequent to the declaration made by the
Court decreeing the respondent's suit. There
is further no dispute that no relief for interest
2011(11) SCC 212
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AND 14 OTHERS
HC-KAR
had been claimed by the respondent in the
suit nor any such claim was discussed or
awarded by the Court decreeing the suit. In
the absence of pleadings and directions in
the judgment or decree which was under
execution, it was not open to the executing
court to award interest. The Execution Court
is bound by the terms of the decree, it
cannot add or alter the decree on its notion
of fairness or justice. The right of the decree
holder to obtain relief is determined in
accordance with the terms of the decree. The
Execution Court has referred to a number of
decisions where interest had been granted on
the arrears of salary and pension. The
Execution Court failed to appreciate that in
those decisions direction for payment of
interest had been issued by the Court while
granting relief for reinstatement or payment
of arrears of salary or pension. None of those
decisions relate to the grant of interest by
the Execution Court. No doubt the Courts
have power to award interest on the arrears
of salary or pension or other amount to
which a Government servant is found entitled
having regard to the facts and circumstances
of the case but that power cannot be
exercised by the Execution Court in the
absence of any direction in the decree.
7.4. His submission, by relying on the decision in
Kishan Dayal Sharma's case, is that the
Execution Court cannot travel beyond the
decree, the decree only stating "applicable rate
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NC: 2025:KHC-D:12086
AND 14 OTHERS
HC-KAR
of interest," the interest applicable insofar as the
second set of cases is concerned, would only
mean interest at 9% in terms of Section 3(H)(5)
of the Act of 1956.
7.5. Even with regard to the first set of cases, he
submits that the Act of 2013 is applicable only to
the extent of Schedules I, II, and III, and not
otherwise. None of those schedules speak of
interest, and as such, interest would have to be
calculated only in terms of Section 3(H)(5) of the
Act of 1956.
7.6. He relies upon the Gazette Notification dated
28.08.2015 issued by the Ministry of Rural
Development, which made only Schedules I, II,
and III applicable to acquisitions under the Act of
1956.
7.7. As such, he once again submits that, since
interest is not part of Schedules I, II, and III, the
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NC: 2025:KHC-D:12086
AND 14 OTHERS
HC-KAR
question of reference to interest under Section
72 of the Act of 2013 would not arise, and
interest would have to be taken into
consideration in terms of Section 3(H)(5) of the
Act of 1956.
7.8. He further relies upon the judgment of this Court
dated 19.07.2022 in W.P.No.10103 of 2020
and other connected matters(Manohar Patel
R vs. Union Of India), to contend that this
Court has categorically held that, only Schedules
I, II, and III are applicable to acquisitions under
the Act of 1956.
7.9. He also relies upon the decision dated
26.09.2022 passed by the Central Information
Commission, New Delhi, in File
No.CIC/NHAIN/A/2020/117827 in the case
of M. Indira vs. CPIO, National Highways
Authority of India, to once again contend that,
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even the CPIO was of the opinion that it is only
Schedules I, II, and III that are applicable. He
reiterates that, since those schedules do not
mention interest, interest is governed solely by
Section 3(H)(5) of the Act of 1956.
7.10. On all the above grounds, he submits that the
calculation made by the Execution Court is not
proper and is required to be set aside.
Consequently, the attachment warrant issued is
also required to be set aside.
7.11. He further submits that, the deposit made by the
NHAI, being the entire amount along with 9%
interest in conformity with Section 3(H)(5) of the
Act of 1956, is required to be considered to in
discharge of all the liabilities of NHAI in terms of
the award passed by the Arbitrator.
8. Sri. C. S. Shettar, learned counsel appearing for the
respondent in W.P.No.105023/2025 and
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105050/2025, and Sri.S. M. Kalwad, learned counsel
appearing for the respondent in other matters, rely
upon the decision of the Hon'ble Apex Court in the
case of Union of India and Another Vs. Tarsem
Singh and Others2, more particularly paras 48, 51
and 52 thereof, which are reproduced hereunder for
easy reference:
48. It is thus clear that the Ordinance as well as
the notification have applied the principle contained
in Nagpur Improvement Trust [Nagpur
Improvement Trust v. Vithal Rao, (1973) 1 SCC
500] , as the Central Government has considered it
necessary to extend the benefits available to
landowners generally under the 2013 Act
to similarly placed landowners whose lands are
acquired under the 13 enactments specified in the
Fourth Schedule, the National Highways Act being
one of the aforesaid enactments. This being the
case, it is clear that the Government has itself
accepted that the principle of Nagpur Improvement
Trust [Nagpur Improvement Trust v. Vithal Rao,
(1973) 1 SCC 500] would apply to acquisitions
which take place under the National Highways Act,
and that solatium and interest would be payable
under the 2013 Act to persons whose lands are
acquired for the purpose of National Highways as
they are similarly placed to those landowners
whose lands have been acquired for other public
purposes under the 2013 Act. This being the case,
it is clear that even the Government is of the view
(2019) 9 SCC 304
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that it is not possible to discriminate between
landowners covered by the 2013 Act and
landowners covered by the National Highways Act,
when it comes to compensation to be paid for lands
acquired under either of the enactments. The
judgments delivered under the 1952 Act as well as
the Defence of India Act, 1971, may, therefore,
require a re-look in the light of this development.
The Defence of India Act, 1971, was a temporary
statute which remained in force only during the
period of operation of a proclamation of emergency
and for a period of six months thereafter -- vide
Section 1(3) of the Act. As this Act has since
expired, it is not included in the Fourth Schedule of
the 2013 Act.] In any case, as has been pointed
out hereinabove, Chajju Ram [Union of
India v. Chajju Ram, (2003) 5 SCC 568], has been
referred to a larger Bench. In this view of the
matter, we are of the view that the view of the
Punjab and Haryana High Court [Union of
India v. Tarsem Singh, 2018 SCC OnLine P&H
6036] , [Jang Bahadur v. Union of India, 2018 SCC
OnLine P&H 6034] , [Union of India v. Abhinav
Cotspin Ltd., 2016 SCC OnLine P&H 19319] is
correct, whereas the view of the Rajasthan High
Court [Banshilal Samariya v. Union of India, 2005
SCC OnLine Raj 572 : 2005-06 Supp RLW 559] is
not correct.
51. We were also referred to an order in Sunita
Mehra v. Union of India [Sunita Mehra v. Union of
India, (2019) 17 SCC 672 : 2016 SCC OnLine SC
1128] , in which this Court held : (SCC paras 5-7)
"5. The only point agitated before us
by the learned Solicitor General is that
in para 23 of the impugned judgment
[RLF Industries Ltd. v. NHAI, 2011
SCC OnLine P&H 1687 : (2011) 1 ICC
854] of the High Court, it has been
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held that landowners would
"henceforth" be entitled to solatium
and interest as envisaged by the
provisions of Sections 23 and 28 of the
Land Acquisition Act, 1894. In the
ultimate paragraph of the impugned
judgment it has, however, been
mentioned that in respect of all
acquisitions made under the National
Highways Act, 1956, solatium and
interest in terms similar to those
contained in Sections 23(2) and 28 of
the Land Acquisition Act, 1894 will
have to be paid.
6. The learned Solicitor General has
pointed out that there is an apparent
inconsistency in the judgment, which
needs to be clarified. It has also been
submitted by the learned Solicitor
General that the order of the High
Court should be clarified to mean that
the issue of grant of interest and
solatium should not be allowed to be
reopened without any restriction or
reference to time. The learned Solicitor
General has particularly submitted that
to understand the order of the High
Court in any other manner would not
only seriously burden the public
exchequer but would also amount to
overlooking the delay that may have
occurred on the part of the
landowner(s) in approaching the Court
and may open floodgates for en masse
litigation on the issue.
7. We have considered the
submissions advanced. In Gurpreet
Singh v. Union of India [Gurpreet
Singh v. Union of India, (2006) 8 SCC
457] , this Court, though in a different
context, had restricted the operation
of the judgment of this Court
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in Sunder v. Union of
India [Sunder v. Union of India,
(2001) 7 SCC 211] and had granted
the benefit of interest on solatium only
in respect of pending proceedings. We
are of the view that a similar course
should be adopted in the present case
also. Accordingly, it is directed that the
award of solatium and interest on
solatium should be made effective only
to proceedings pending on the date of
the High Court order in Golden Iron
and Steel Forging v. Union of
India [Golden Iron and Steel
Forging v. Union of India, 2008 SCC
OnLine P&H 498 : (2011) 4 RCR (Civil)
375] i.e. 28-3-2008. Concluded cases
should not be opened. As for future
proceedings, the position would be
covered by the provisions of the Right
to Fair Compensation and
Transparency in Land Acquisition,
Rehabilitation and Resettlement Act,
2013 (came into force on 1-1-2014),
which Act has been made applicable to
acquisitions under the National
Highways Act, 1956 by virtue of
notification/order issued under the
provisions of the 2013 Act."
52. There is no doubt that the learned Solicitor
General, in the aforesaid two orders, has conceded
the issue raised in these cases. This assumes
importance in view of the plea of Shri Divan that
the impugned judgments should be set aside on the
ground that when the arbitral awards did not
provide for solatium or interest, no Section 34
petition having been filed by the landowners on this
score, the Division Bench judgments that are
impugned before us ought not to have allowed
solatium and/or interest. Ordinarily, we would have
acceded to this plea, but given the fact that the
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Government itself is of the view that solatium and
interest should be granted even in cases that arise
between 1997 and 2015, in the interest of justice
we decline to interfere with such orders, given our
discretionary jurisdiction under Article 136 of the
Constitution of India. We therefore declare that the
provisions of the Land Acquisition Act relating to
solatium and interest contained in Sections 23(1-A)
and (2) and interest payable in terms of Section 28
proviso will apply to acquisitions made under the
National Highways Act. Consequently, the provision
of Section 3-J is, to this extent, violative of Article
14 of the Constitution of India and, therefore,
declared to be unconstitutional. Accordingly, appeal
arising out of SLP (C) No. 9599 of 2019 is
dismissed.
9. Both of them, by relying on the very same paragraphs
extracted above, would submit that the Hon'ble Apex
Court has categorically come to the conclusion that
the principles laid down by the Apex Court in Nagpur
Improvement Trust3 would also apply to acquisitions
under the National Highways Act, and as such,
solatium and interest would be payable under the Act
of 2013 to the persons whose lands are acquired for
the purpose of national highways, as they are similarly
placed to those landowners whose lands have been
(1973) 1 SCC 500
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acquired for other public purposes under the Act of
2013.
10. On the basis of the above, they submit that,
irrespective of Section 3(H)(5) of the Act of 1956,
once the Act of 2013 came into force, interest would
be liable to be paid in terms of Section 72 of the Act of
2013. On that ground, they submit that the above
petitions are required to be dismissed.
11. Heard the learned counsel for the petitioners and
learned counsel for the respondents in the respective
petitions and perused the papers.
12. The points that would arise for consideration are:
i. Whether, after the coming into force
of the Right to
Fair Compensation and Transparency
in Land Acquisition, Rehabilitation
and Resettlement Act, 2013, the
compensation is required to be
considered and calculated in terms of
the Right to Fair Compensation and
Transparency in Land Acquisition,
Rehabilitation and
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Resettlement Act, 2013 or the
National Highways Act, 1956?
ii. Whether the compensation would
include solatium and interest?
iii. Has the executing court travelled
beyond the Arbitral award in
directing payment of 15% interest?
iv. What order?
13. I answer the above points as under:
14. Answer to Point No. 1: Whether, after the
coming into force of the Right to
Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and
Resettlement Act, 2013, the compensation is
required to be considered and calculated in
terms of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013 or the National
Highways Act, 1956?
14.1. Insofar as the applicability of the Act of 2013 for
the purpose of calculation of compensation, the
same is no longer res integra. This Court, in
W.P.No.10103/2020 and connected matters
(Manohar Patel R vs. Union Of India), by
judgment dated 19.07.2022, has categorically
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held that the Act of 2013 would be applicable for
the purpose of calculation of compensation, by
applying Schedules I, II and III of the Act of
2013. The Gazette Notification dated 28.08.2015
issued by the Ministry of Road Development also
makes applicable Schedules I, II and III to
acquisitions under the Act of 1956.
14.2. In that view of the matter, I answer Point No.1
by holding that the compensation required to be
paid for acquisition of land under the Act of 1956
would have to be calculated in terms of the Act
of 2013.
15. Answer to Point No. 2: Whether the
compensation would include solatium and
interest?
15.1. Much has been sought to be made out by the
learned counsel for the petitioners that, it is only
compensation and solatium which can be
calculated in terms of Schedules I, II and III of
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the Act of 2013 and that interest would have to
be calculated in terms of Section 3H(5) of the Act
of 1956.
15.2. Section 3H(5) of the Act of 1956 had been
introduced along with the Act of 1956 and relates
to the interest which is required to be paid on
the compensation which has been determined
from the date of taking possession under Section
3D of the Act of 1956 till the date of actual
deposit thereof.
15.3. It is these kinds of enactments, which provided
an additional benefit to the acquiring authority,
that created lot of issues in acquisition
proceedings. It is to bring about transparency in
acquisition proceedings, to make the acquisition
process fair, and to enable a land loser to obtain
just compensation, that the Act of 2013 came to
be introduced.
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15.4. The beneficiaries of acquisition and/or acquiring
authorities have in the past been taking very
technical contentions to reduce the cost of
acquisition. Though there can be no fault found
with reducing the cost of acquisition, fault must
necessarily be found when the acquiring
authority and/or the beneficiary deprives a land
loser of just compensation. Land rights or
ownership thereof, though not a fundamental
right, is a constitutional right, as recognized by
the Hon'ble Apex Court and this Court in a
catena of cases. Thus, any deprivation thereof
must be in accordance with law, as also by
making payment of just compensation.
15.5. The just compensation would not only include
the compensation which has been determined,
but also solatium and interest payable thereof on
the delay in making payment of compensation.
The attribute of interest must be distinguished,
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inasmuch as the interest is not merely required
to be paid by the acquiring authority for delay on
account of acceptance on the part of the land
loser of the compensation amount, but on
account of the delay in payment of compensation
by the acquiring authority. The land loser having
lost the benefit of usage of the land being
required to be paid the compensation at the
earliest, the delay in payment of compensation
also causes injury and damage to the land loser,
which is required to be compensated by payment
of interest.
15.6. It is with this purpose and intent that the Act of
2013 had been brought into force, and in terms
of Section 72 thereof, interest is required to be
paid at 9% p.a. until the date of possession and
thereafter at 15% p.a. Of course, even under the
Land Acquisition Act, 1894, the same rates of
interest were required to be paid.
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15.7. The submission of Sri. Mathapati, is that there is
a special provision insofar as NHAI is concerned,
in terms of Section 3H(5) of the Act of 1956, that
NHAI is required to make payment of interest
only at the rate of 9% p.a. on the enhanced
compensation till the actual deposit, and there is
no increase to 15% p.a. under Section 3H(5) of
the Act of 1956. This aspect has been dealt with
in detail by the Hon'ble Apex Court in Tarsem
Singh's case (supra), and as extracted in para
Nos. 48, 51 and 52, which clearly and
categorically indicate that solatium and interest
would also have to be paid under the Act of
2013.
15.8. This being for the reason that a citizen of the
country cannot be differentiated or discriminated
against on account of the enactment under which
the land has been acquired. It could be the very
same citizen who loses land under different
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enactments, or it could be different citizens who
lose land under the same or different
enactments.
15.9. Firstly, if it is the same citizen losing land under
different enactments, that very citizen cannot be
provided discriminatory compensation/solatium
or interest under different enactments. Secondly,
if there are different sets of citizens losing land
under different enactments, then one citizen
cannot receive a higher amount than another,
which would also amount to discrimination in
terms of Article 14 of the Constitution of India.
15.10. Thus, the Act of 2013 has been made applicable
uniformly to all acquisitions insofar as
compensation is concerned. However, in respect
of resettlement and rehabilitation, the same is
sometimes not applicable to a particular
acquisition.
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15.11. The submission of the learned counsels for
Respondents is also that the NHAI has also
adopted discriminatory policies in as much as for
some land losers interest is paid as per the Act of
2013 and in respect the Petitioners the interest is
sought to be paid as per Section 3H(5) of the act
of 1956. Some a policy if adopted is required to
be deprecated, NHAI being an instrumentality of
the State is required to in a fair and transparent
manner and not in such an arbitrary manner.
15.12. In that view of the matter, I answer Point No.2
by holding that compensation, including solatium
and interest, is required to be calculated in terms
of the Act of 2013, i.e., 9% p.a. until the date of
possession and 15% p.a. thereafter.
15.13. NHAI can not after the coming into force of the
Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and
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Resettlement Act, 2013, contend that interest
would be liable to be paid only in terms of
Section 3(H)(5) of the National Highways Act,
1956.
16. Answer to Point No. 3: Has the executing court
travelled beyond the Arbitral award in directing
payment of 15% interest?
16.1. The Execution Court, in my considered opinion,
has rightly considered the applicability of the Act
of 2013 and has not travelled beyond the Arbitral
Award. The Arbitral Award only indicates interest
to be paid in terms of the Act of 2013 in the first
set of cases and interest as applicable in the
second set of cases. There is actually no
distinction per se between the first set and the
second set, inasmuch as even for the second set,
it is the Act of 2013 which would have to be
taken into consideration for the determination of
the compensation. Once the Act of 2013 is
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applicable, the interest, as answered by me in
Point No.2 above, would also have to be in terms
of Section 72 of the Act of 2013, and as such,
the Execution Court cannot be said to have
travelled beyond the Arbitral Award which had
been passed.
17. Answer to Point No. 4 - What order?
17.1. In view of my answers to Point Nos.1, 2 and 3
above, I do not find any infirmity in the orders
passed by the Execution Court. The petitioner,
NHAI, having failed to comply with the
requirements of the Act of 2013, the orders
passed are proper and correct. Of course, the
petitioners could make payment of the
differential interest of 6% to the land losers and
bring the same to the notice of the Execution
Court. If the same is brought to the notice of the
Execution Court, the Execution Court can always
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recall the order and set aside the attachment,
recalling the attachment warrant.
17.2. The petitions stand dismissed.
Sd/-
(SURAJ GOVINDARAJ)
JUDGE
gab
CT:PA
