Sri. S. Srinivasa Reddy Vs Special Land Acquisition Officer

SPECIAL LAND ACQUISITION OFFICER, CHITRADURGA, NATIONAL HIGHWAYS AUTHORITY OF INDIA, NH-13, NO.60, 2^ND CROSS ROAD, J.C.R. EXTENSION, CHITRADURGA, KARNATAKA - 577 501.

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PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI) NEAR J.M.I.T. COLLEGE, CHITRADURGA, KARNATAKA-577 502.

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THE DEPUTY COMMISSIONER AND ARBITRATOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, CHITRADURGA, KARNATAKA-577 501.

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…RESPONDENTS

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(BY SRI. N.KUMAR., ADVOCATE)

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NC: 2026:KHC:1530 WP No. 37827 of 2025

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HC-KAR

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS, SO AS TO EXTEND THE TERM OF ARBITRATOR/3^RD RESPONDENT AND DIRECT THE LEARNED ARBITRATOR/3^RD RESPONDENT TO PASS APPROPRIATE AWARD WITHIN A FIXED TIME LIMIT IN CASE NO.ARB:NH-13:CR-90/2017 AT DATED 21.06.2018 ANNEXUREB AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

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ORAL ORDER

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The petitioner has sought for an appropriate direction

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so as to extend the mandate of the arbitrator i.e., respondent No.3.

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Learned counsel for the petitioner submits that

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the mandate in terms of Section 29A of the Arbitration and Conciliation Act, 1996 (for short, 'the Act') within which the arbitrator has to pass an award has expired and is seeking for extension stating there are bona-fide reasons.

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Learned counsel for the respondents has filed

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statement of objections. Same is taken on record. It is

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NC: 2026:KHC:1530 WP No. 37827 of 2025

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HC-KAR

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further submitted that the extension of mandate is only upon the Court being satisfied of sufficient cause.

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It is noticed that the Apex Court in the case of Chief Engineer (NH) PWD (Roads) vs. M/s BSC & C and C JV in SLP(C).No.10544/2024 had observed that the High Court would have power to extend mandate in terms of sub-section (6) of Section 29A of the Act only where the High Court has original civil jurisdiction. It is further pointed out that the power for extension of mandate is to be exercised before the Principal Civil Court of original jurisdiction in the district.

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Taking note of the observations made by the Apex Court in the above referred case and noticing that there is no original jurisdiction to this High Court, the competent Court to pass order for extension of mandate under Section 29A of the Act, would be the Principal Civil Court having original jurisdiction. Accordingly, petition is disposed of.

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NC: 2026:KHC:1530 WP No. 37827 of 2025

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HC-KAR

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Liberty is reserved to the petitioner to approach

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the competent Court i.e., the Principal Civil Court of original jurisdiction in the district and seek for extension of mandate. All contentions are kept open. In light of the limited prayer made, if the petitioner was to file an application seeking for extension of mandate within one week from today, the Court should endeavour to dispose of the same within an outer limit of one month from the date of file coming up before the Court.

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Accordingly, petition is disposed of .

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Sd/(S SUNIL DUTT YADAV) JUDGE

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MCR

Sri. S. Srinivasa Reddy v. Special Land Acquisition Officer

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Sri. S. Srinivasa Reddy v. Special Land Acquisition Officer

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