Karnataka High Court
Mr. M C Kashinath vs Union Of India on 28 November, 2022
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28th DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
REVIEW PETITION No.133 OF 2020
C/w.
REVIEW PETITION No.134 OF 2020,
REVIEW PETITION No.135 OF 2020,
REVIEW PETITION No.136 OF 2020,
REVIEW PETITION No.137 OF 2020
IN R.P. No.133/2020:
BETWEEN:
MR. M.C.KASHINATH
AGED ABOUT 42 YEARS,
S/O LATE M.L.CHANDRASHEKAR SHETTY
RESIDING AT NO.1653 AND 1654
CB ROAD, HOLALKERE TOWN
CHITRADURGA DISTRICT
KARNATAKA-577 526
..PETITIONER
(BY SRI. SIBU G. ADVOCATE)
AND
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS TRANSPORT (PARIVAHAN) BHAWAN,
1, PARLIAMENT STREET
NEW DELHI- 110 001
2. THE SPECIAL LAND ACQUISITON OFFICER
COMPETENT AUTHORITY UNDER THE ACT,
-2-
NATIONAL HIGHWAYS AUTHORITY OF INDIA
P.W.D COMPOUND, K.R.CIRCLE
BANGALORE -560 001
3. THE CHIEF ENGINEER
NATIONAL HIGHWAYS AUTHORITY OF INDIA
P.W.D. COMPOUND, K.R.CIRCLE
BANGALORE- 560 001
4. THE ASSISTANT EXECUTIVE ENGINEER
KARNATAKA PUBLIC WORKS DEPARTMENT
P.W.D. OFFICE
HOLALKERE -577 526
5. THE EXECUTIVE ENGINEER
PPP CELL, NATIONAL HIGHWAY,
60 FT. ROAD, GOPALAGOWDA BADAVANE
NATIONAL HIGHWAY SUB DIVISION
SHIVAMOGGA-577 205
...RESPONDENTS
(BY SRI.MADANAN PILLAI, ADVOCATE FOR R1
SRI.K.R.NITHYANANDA, AGA FOR R2 TO R5)
THIS REVIEW PETITION IS FILED UNDER SECTION 114
READ WITH ORDER XLVII RULE 1 OF THE CIVIL PROCEDURE
CODE, 1908 PRAYING TO ALLOW THE REVIEW AND TO REVIEW
THE ORDER DATED 27TH AUGUST, 2019 IN WRIT PETITION
No.24641 OF 2016, PASSED BY THIS HON'BLE COURT AND
ALLOW THE WRIT PETITION ON ITS MERITS IN THE INTEREST
OF JUSTICE AND EQUITY & ETC.
IN R.P. No.134/2020:
BETWEEN:
MR. M.C.KASHINATH
AGED ABOUT 42 YEARS,
S/O LATE M.L.CHANDRASHEKAR SHETTY
RESIDING AT NO.1653 AND 1654
CB ROAD, HOLALKERE TOWN
CHITRADURGA DISTRICT
KARNATAKA-577 526
..PETITIONER
(BY SRI. SIBU G., ADVOCATE)
-3-
AND
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS TRANSPORT (PARIVAHAN)
BHAWAN 1, PARLIAMENT STREET
NEW DELHI- 110 001
2. THE SPECIAL LAND ACQUISITON OFFICER
COMPETENT AUTHORITY UNDER THE ACT,
NATIONAL HIGHWAYS AUTHORITY OF INDIA
P.W.D COMPOUND, K.R.CIRCLE
BANGALORE -560 001
3. THE CHIEF ENGINEER
NATIONAL HIGHWAYS AUTHORITY OF INDIA
P.W.D. COMPOUND, K.R.CIRCLE
BANGALORE- 560 001
4. THE ASSISTANT EXECUTIVE ENGINEER
KARNATAKA PUBLIC WORKS DEPARTMENT
P.W.D. OFFICE
HOLALKERE -577 526
5. THE EXECUTIVE ENGINEER
PPP CELL, NATIONAL HIGHWAY,
60 FT. ROAD, GOPALAGOWDA BADAVANE
NATIONAL HIGHWAY SUB DIVISION
SHIVAMOGGA-577 205
...RESPONDENTS
(BY SRI.MADANAN PILLAI, ADVOCATE FOR R1
SRI.K.R.NITHYANANDA, AGA FOR R2 TO R5)
THIS REVIEW PETITION IS FILED UNDER SECTION 114
READ WITH ORDER XLVII RULE 1 OF THE CIVIL PROCEDURE
CODE, 1908 PRAYING TO ALLOW THE REVIEW AND TO REVIEW
THE ORDER DATED 27TH AUGUST, 2019 IN WRIT PETITION
No.58979 OF 2016, PASSED BY THIS HON'BLE COURT AND
ALLOW THE WRIT PETITION ON ITS MERITS IN THE INTEREST
OF JUSTICE AND EQUITY & ETC.
-4-
IN R.P. No.135/2020:
BETWEEN:
MR.S.SRINIVAS
AGED ABOUT 55 YEARS
S/O K.SHANKAR SETTY
RESIDING AT NO.1574 & 1575
C.B.ROAD, HOLALKERE TOWN
CHITRADURGA DISTRICT
KARNATAKA-577 526
..PETITIONER
(BY SRI. SIBU G., ADVOCATE)
AND
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS TRANSPORT (PARIVAHAN)
BHAWAN 1, PARLIAMENT STREET
NEW DELHI- 110 001
2. THE SPECIAL LAND ACQUISITON OFFICER
COMPETENT AUTHORITY UNDER THE ACT,
NATIONAL HIGHWAYS AUTHORITY OF INDIA
P.W.D COMPOUND, K.R.CIRCLE
BANGALORE -560 001
3. THE CHIEF ENGINEER
NATIONAL HIGHWAYS AUTHORITY OF INDIA
P.W.D. COMPOUND, K.R.CIRCLE
BANGALORE- 560 001
4. THE ASSISTANT EXECUTIVE ENGINEER
KARNATAKA PUBLIC WORKS DEPARTMENT
P.W.D. OFFICE
HOLALKERE -577 526
5. THE EXECUTIVE ENGINEER
PPP CELL, NATIONAL HIGHWAY,
-5-
60 FT. ROAD, GOPALAGOWDA BADAVANE
NATIONAL HIGHWAY SUB DIVISION
SHIVAMOGGA-577 205
...RESPONDENTS
(BY SRI.MADANAN PILLAI, ADVOCATE FOR R1
SRI.K.R.NITHYANANDA, AGA FOR R2 TO R5)
THIS REVIEW PETITION IS FILED UNDER SECTION 114
READ WITH ORDER XLVII RULE 1 OF THE CIVIL PROCEDURE
CODE, 1908 PRAYING TO ALLOW THE REVIEW AND TO REVIEW
THE ORDER DATED 27TH AUGUST, 2019 IN WRIT PETITION
No.58897 OF 2016, PASSED BY THIS HON'BLE COURT AND
ALLOW THE WRIT PETITION ON ITS MERITS IN THE INTEREST
OF JUSTICE AND EQUITY & ETC.
IN R.P. No.136/2020:
BETWEEN:
MR.M.L.KRISHNAMURTHY
AGED ABOUT 64 YEARS
S/O LATE M.L.LAXMAN SHETTY
R/AT NO.1636, CB ROAD
HOLALKERE TOWN, CHITRADURGA DISTRICT
KARNATAKA-577 526
..PETITIONER
(BY SRI. SIBU G., ADVOCATE)
AND
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS TRANSPORT (PARIVAHAN)
BHAWAN 1, PARLIAMENT STREET
NEW DELHI- 110 001
2. THE SPECIAL LAND ACQUISITON OFFICER
COMPETENT AUTHORITY UNDER
THE ACT, NATIONAL HIGHWAYS
AUTHORITY OF INDIA
P.W.D COMPOUND, K.R.CIRCLE
BANGALORE -560 001
-6-
3. THE CHIEF ENGINEER
NATIONAL HIGHWAYS AUTHORITY OF INDIA
P.W.D. COMPOUND, K.R.CIRCLE
BANGALORE- 560 001
4. THE ASSISTANT EXECUTIVE ENGINEER
KARNATAKA PUBLIC WORKS DEPARTMENT
P.W.D. OFFICE
HOLALKERE -577 526
5. THE EXECUTIVE ENGINEER
PPP CELL, NATIONAL HIGHWAY,
60 FT. ROAD, GOPALAGOWDA BADAVANE
NATIONAL HIGHWAY SUB DIVISION
SHIVAMOGGA-577 205
...RESPONDENTS
(BY SRI.MADANAN PILLAI, ADVOCATE FOR R1
SRI.K.R.NITHYANANDA, AGA FOR R2 TO R5)
THIS REVIEW PETITION IS FILED UNDER SECTION 114
READ WITH ORDER XLVII RULE 1 OF THE CIVIL PROCEDURE
CODE, 1908 PRAYING TO ALLOW THE REVIEW AND TO REVIEW
THE ORDER DATED 27TH AUGUST, 2019 IN WRIT PETITION
No.58389 OF 2016, PASSED BY THIS HON'BLE COURT AND
ALLOW THE WRIT PETITION ON ITS MERITS IN THE INTEREST
OF JUSTICE AND EQUITY & ETC.
IN R.P. No.137/2020:
BETWEEN:
MR.M.L.GURURAJ
AGED ABOUT 58 YEARS
S/O LATE LAXMAN SETTY
RESIDING AT NO.1639, CB ROAD
HOLALKERE TOWN, CHITRADURGA DISTRICT
KARNATAKA-577 526
..PETITIONER
(BY SRI. SIBU G., ADVOCATE)
AND
1. UNION OF INDIA
-7-
REPRESENTED BY ITS SECRETARY
MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS TRANSPORT (PARIVAHAN)
BHAWAN, 1, PARLIAMENT STREET
NEW DELHI- 110 001
2. THE SPECIAL LAND ACQUISITON OFFICER
COMPETENT AUTHORITY UNDER THE ACT,
NATIONAL HIGHWAYS AUTHORITY OF INDIA
P.W.D COMPOUND, K.R.CIRCLE
BANGALORE -560 001
3. THE CHIEF ENGINEER
NATIONAL HIGHWAYS AUTHORITY OF INDIA
P.W.D. COMPOUND, K.R.CIRCLE
BANGALORE- 560 001
4. THE ASSISTANT EXECUTIVE ENGINEER
KARNATAKA PUBLIC WORKS DEPARTMENT
P.W.D. OFFICE
HOLALKERE -577 526
5. THE EXECUTIVE ENGINEER
PPP CELL, NATIONAL HIGHWAY,
60 FT. ROAD, GOPALAGOWDA BADAVANE
NATIONAL HIGHWAY SUB DIVISION
SHIVAMOGGA-577 205
...RESPONDENTS
(BY SRI.MADANAN PILLAI, ADVOCATE FOR R1
SRI.K.R.NITHYANANDA, AGA FOR R2 TO R5)
THIS REVIEW PETITION IS FILED UNDER SECTION 114
READ WITH ORDER XLVII RULE 1 OF THE CIVIL PROCEDURE
CODE, 1908 PRAYING TO ALLOW THE REVIEW AND TO REVIEW
THE ORDER DATED 27TH AUGUST, 2019 IN WRIT PETITION
No.24640 OF 2016, PASSED BY THIS HON'BLE COURT AND
ALLOW THE WRIT PETITION ON ITS MERITS IN THE INTEREST
OF JUSTICE AND EQUITY & ETC.
THESE REVIEW PETITIONS COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
1. In these review petitions, the petitioners seek review of the order dated 27.08.2019 passed in Writ Petition Nos.24641, 58979, 58897, 58389 and 24640 of 2016, vide Annexure 'A', by this Court and other reliefs.
2. Heard the learned counsel for the petitioners and the learned counsel for respondent No.1 and the learned Additional Government Advocate for respondent Nos.2 to 5 and perused the material on record.
3. A perusal of the impugned order will indicate that, while disposing of the writ petitions, this Court came to the conclusion that the award notice dated 01.01.2014 at Annexure 'A' had not been complied with by the petitioners and without challenging the endorsement at Annexure 'Q' dated 20.02.2016, the petitioners could not have approached this Court and the writ petitions were premature and accordingly, this Court proceeded to dismiss the writ petitions.
4. Learned counsel for the petitioners submits that apart from various errors and infirmities in the impugned order, the -9- petitioners intend to challenge the endorsement dated 20.02.2016 as well as the award dated 09.12.2013 referred in the impugned award notice dated 01.01.2014, which were not challenged due to oversight and inadvertence, and if liberty is granted in favour of the petitioners in this regard by setting aside the impugned order and restoring the writ petitions to file, the petitioners would take necessary steps to seek amendment of the writ petitions by setting out suitable facts, grounds and reliefs.
5. In view of the aforesaid facts and circumstances of the case and the submissions made by the learned counsel for the petitioners, in order to give one more opportunity to the petitioners to rectify the defects and take necessary steps by setting out necessary facts, grounds and reliefs and in order to avoid multiplicity of proceedings, without expressing any opinion on the merits or de-merits of the rival contentions, I deem it just and appropriate to set aside the impugned order and restore the writ petitions to the original file to be re-heard and disposed off on merits.
6. In the result, the following order is passed:
- 10 -
ORDER
(i) These Review Petitions are hereby allowed.
(ii) The impugned order dated: 27.08.2019 passed by this Court in Writ Petition Nos.24641, 58979, 58897, 58389 and 24640 of 2016, vide Annexure 'A', is set aside and the writ petitions are restored to the file by this Court.
(iii) Liberty is reserved in favour of the petitioners to take necessary steps to seek amendment of the pleadings and produce documents in Writ Petition Nos.24641, 58979, 58897, 58389 and 24640 of 2016 (LA-RES) by filing necessary application(s) in accordance with law.
SD/-
JUDGE RK CT:AN