Disposed

The Deputy General Manager v. Chandrashekharayya Shastri S/O Somashekharayya Shastri

Karnataka HC18 Sept 2024WP/104969/2024

Case brief

AI extract

What is this about?

NHAI petitioned to quash a direction requiring deposit of 50% of an arbitration award before the Executing Court. Both sides agreed the pending arbitration petition should be disposed of expeditiously; the High Court directed the Trial Court to decide Arbitration Petition No.58/2022 within 45 days and disposed of the writ petition.

What did the court decide?

Trial Court directed to decide Arbitration Petition No.58/2022 within 45 days from the date of order; writ petition disposed of on that terms.

The Deputy General Manager Vs Chandrashekharayya Shastri… — Land Acquisition | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:13310 WP No. 104969 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18^TH DAY OF SEPTEMBER, 2024 BEFORE

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THE HON'BLE MR. JUSTICE H.P.SANDESH WRIT PETITION NO. 104969 OF 2024 (GM-CPC)

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BETWEEN:

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THE DEPUTY GENERAL MANAGER, (TECH.) AND PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT-HOSPETE, C-10, SHRI NILAYA, 2^ND MAIN, 2^ND CROSS, VIVEKANANDA NAGAR, HOSPETE-533 211.

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…PETITIONER

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(BY SRI. SHIVASAI M. PATIL, ADVOCATE)

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AND:

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CHANDRASHEKHARAYYA SHASTRI, S/O. SOMASHEKHARAYYA SHASTRI, AGE: NOT KNOWN, SY.NO.5/2A+2B, ILKALL VILLAGE, HUNAGUND TALUK-587125.

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THE DEPUTY COMMISSIONER & ARBITRATOR, BAGALKOT DISTRICT, BAGALKOT-587103.

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SAROJA HANGARAKI

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Location: HIGH COURT OF KARANTAKA DHARWAD BENCH

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(BY SRI. PRAVEEN K. UPPAR, AGA FOR R2; R1-SERVED)

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…RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASH AND SET ASIDE THE ORDER PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, BAGALKOT IN I.A.NO.1/2022 IN ARBITRATION PETITION NO.58/2022 DATED 08.07.2024 VIDE ANNEXURE-A, TO THE EXTENT OF DIRECTION TO THE PETITIONER TO DEPOSIT 50% OF THE AWARD AMOUNT BEFORE THE EXECUTING COURT.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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2 - NC: 2024:KHC-D:13310 WP No. 104969 of 2024

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE H.P.SANDESH)

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Heard the learned counsel for the petitioner, learned counsel for respondent No.1 and the learned Additional Government Advocate for respondent No.2.

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Learned counsel for the petitioner would submit that when the order in W.P.No.104314/2023 C/w. W.P.No.104409/2023 was challenged, the said order has

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been set aside in the writ appeal. He also brought to notice of this Court the operative portion, wherein a request was made to the learned Single Judges of this Court before whom MFA’s/WP’s are pending concerning the determination of compensation payable under the National Highways Act, 1956 to the respondents may be heard and disposed of expeditiously.

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In the present writ petition also, the challenge

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is made praying this Court to issue a writ of certiorari to quash and set aside the order passed by the Principal District and Sessions Judge, Bagalkot dated 08.07.2024,

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3 - NC: 2024:KHC-D:13310 WP No. 104969 of 2024

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passed on I.A.No.1/2022 in Arbitration Petition

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No.58/2022 vide Annexure-A, to the extent of direction to the petitioner to deposit 50% of the award amount before the Executing Court and to grant such other relief.

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Counsel appearing for the petitioner as well as the counsel appearing for the respondent-State submits that even a direction may be given to the District Court, wherein the award passed by the Deputy Commissioner is challenged to dispose of the same within a time bound period of 45 days.

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Hence, it is appropriate to direct the Trial Court to decide the Arbitration Petition No.58/2022 within a period of 45 days from today since the acquisition proceedings was taken place long back and land-losers lost their right and not received adequate compensation.

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Accordingly, the writ petition is disposed of.

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Registry is directed to communicate this order

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forthwith to the concerned Court.

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NC: 2024:KHC-D:13310 WP No. 104969 of 2024

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Both the learned counsels are also directed to

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furnish a copy of this order to the concerned Court for time bound disposal.

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Sd/(H.P.SANDESH) JUDGE

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SMM CT-MCK List No.: 1 Sl No.: 84

The Deputy General Manager v. Chandrashekharayya Shastri S/O Somashekharayya Shastri

Case brief

What is this about?

What did the court decide?

The Deputy General Manager v. Chandrashekharayya Shastri S/O Somashekharayya Shastri

Case brief

What is this about?

What did the court decide?

What the court decided

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