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2024 Supreme(Online)(KAR) 33252
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF MAY, 2024 BEFORE THE HON'BLE MR JUSTICE RAVI V.HOSMANI WRIT PETITION NO. 104285 OF 2023 (GM-CPC)
BETWEEN:
1. SRI MONAPPA Y. BALEKUNDRI, AGE: 82 YEARS, OCC: AGRICULTURE, R/O: 326, PATIL GALLI, VADGAON, BELAGAVI, TAL AND DIST. BELAGAVI.
2. SRI PRAHLAD MONAPPA HALAGEKAR, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: PATIL GALLI, VADGAON, BELAGAVI, TAL AND DIST. BELAGAVI. Deleted v/o Dated 24.4.2024
3. SRI BHOMESH JOTIBA BIRJE, AGE: 52 YEARS , OCC: AGRICULTURE, R/O : RAYAT GALLI VADGAON, BELAGAVI, TAL AND DIST. BELAGAVI.
4. SRI ANAND SANTU Y.KAJOLKAR, AGE: 74 YEARS, OCC: AGRICULTURE, R/O: RAYAT GALLI, VADGAON BELAGAVI, TAL AND DIST. BELAGAVI.
5. SRI MANOHAR FAKIRA KANGRALKAR, AGE: 47 YEARS, OCC: AGRICULTURE , R/O: PATIL GALLI, VADGAON, BELAGAVI, TAL AND DIST. BELAGAVI. 6. SRI BHAIRU FAKIRA KANGRALKAR, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: PATIL GALLI, VADGAON, BELAGAVI, TAL AND DIST. BELAGAVI.
7. SRI NARAYAN YALLAPPA BALEKUNDRI, AGE: 62 YEARS, OCC: AGRICULTURE, R/O: SAMBJAI NAGAR, VADGAON, Deleted v/o BELAGAVI, TAL AND DIST. BELAGAVI. Dtd. 24.04.2024
8. SRI SHANKAR GANAPATI BALEKUNDRI, AGE: 57 YEARS, OCC: AGRICULTURE, R/O: KARBHAR GALLI, VADGAON, BELAGAVI, TAL AND DIST. BELAGAVI.
9. SRI HANMANT PARASHRAM BALEKUNDRI, AGE: 58 YEARS, OCC: AGRICULTURE , R/O: VISHNU GALLI , VADGAON, BELAGAVI, TAL AND DIST. BELAGAVI.
10. SRI TUKARAM NARAYAN SOMNACHE, AGE: 64 YEARS, OCC: AGRICULTURE, R/O: JERI GALLI, ANAGOL, BELAGAVI, TAL AND DIST. BELAGAVI.
11. SRI GOPAL BHRAHMAJI SOMANACHE, AGE: 57 YEARS, OCC: AGRICULTURE, R/O: RAGHUNATH PETH ANAGOL, BELAGAVI, TAL AND DIST. BELAGAVI.
12. SMT. KRISHNABAI LAXMAN BADRUK, Deleted AGE: 62 YEARS, OCC: AGRICULTUREv/o dtd24.4.2024 R/O: JERI GALLI, ANAGOL, BELAGAVI, TAL AND DIST. BELAGAVI.
13. SRI SUBHASH MALSARJI CHOUGULE, AGE: 64 YEARS, OCC: AGRICULTURE, R/O: JERI GALLI, ANAGOL, BELAGAVI, TAL AND DIST. BELAGAVI. SRI AJIJ SAWANT KADAD, SINCE DECEASED NAME IS DELETED.
14. SRI MANOHAR PARASHRAM KAMU, AGE: 67 YEARS, OCC: AGRICULTURE, R/O: JERI GALLI, ANAGOL, BELAGAVI, TAL AND DIST. BELAGAVI.
15. SRI LAXMAN SHAMU DEMJI, AGE: 69 YEARS, OCC: AGRICULTURE, R/O: RAGHUNATH PETH ANAGOL, BELAGAVI, TAL AND DIST. BELAGAVI.
16. SRI VITHAL BHIMANA BADRUK, AGE: 57 YEARS, OCC: AGRICULTURE, R/O: RAGHUNATH PETH ANAGOL, BELAGAVI, TAL AND DIST. BELAGAVI.
17. SRI MANOHAR DEVAPPA MALAVI, Deleted AGE: 62 YEARS, OCC: AGRICULTURE,v/o dtd 24.4.2024 R/O: KALMESHWAR ROAD, JUNE BELAGAVI BELAGAVI, TAL AND DIST. BELAGAVI.
18. SRI GUNDU DHAKLU/TOPPANNA BHAGANACHE, AGE: 55 YEARS, OCC: AGRICULTURE,R/O: NARVEKAR GALLI, SHAHAPUR,BELAGAVI, TQ. & DIST. BELAGAVI.
19. SRI MANOHAR PARASHRAM BACHIKAR, AGE: 67 YEARS, OCC: AGRICULTURE, R/O: KORE GALLI, BELAGAVI, TAL AND DIST. BELAGAVI.
20. SRI RAGHUNATH SOMNATH BHOSALE, Deleted AGE: 65 YEARS, OCC: AGRICULTURE, v/o dt.24.4.2024 R/O: JUNE BELAGAVI TAL AND DIST. BELAGAVI.
21. SRI BALKRISHNA LUMANA SALGUDE, AGE: 62 YEARS, OCC: AGRICULTURE, R/O: JUNE BELGAVI, BELAGAVI, TAL AND DIST. BELAGAVI.
22. SRI GANAPATI LAXMAN KURBAR, Deleted AGE: 69 YEARS, OCC: AGRICULTURE, v/o dt.24.4.2024 R/O: KURBAR GALLI, JUNE BELAGAVI, BELAGAVI, TAL AND DIST. BELAGAVI.
23. SRI SANDEEP TANAJI BHOSALE, AGE: 58 YEARS, OCC: AGRICULTURE, R/O: JUNE BELAGAVI, BELAGAVI, TAL AND DIST. BELAGAVI.
24. SMT. SHOBHA NARAYA DHAMEKAR, Deleted AGE: 52 YEARS, OCC: AGRICULTURE, v/o dt.24.4.2024 R/O:LAXMI GALLI, JUNE BELAGAVI, BELAGAVI, TAL AND DIST. BELAGAVI.
25. SRI SUNIL SHANKAR BHOSALE, AGE: 64 YEARS, OCC: AGRICULTURE, R/O: LAXMI GALLI, JUNE BELAGAVI, BELAGAVI, TAL AND DIST. BELAGAVI.
26. KRISHNA BABURAO BHOSALE, AGE: 64 YEARS, OCC: AGRICULTURE, R/O: LAXMI GALLI, JUNE BELAGAVI, BELAGAVI, TAL AND DIST. BELAGAVI.
27. SRI RAMESH LAXMAN BAJANTRI, AGE: 67 YEARS, OCC: AGRICULTURE, R/O: KORVI GALLI, JUNE BELAGAVI, BELAGAVI, TAL AND DIST. BELAGAVI.
28. SRI MANOHAR DEVAPPA MALVI, AGE: 57 YEARS, OCC: AGRICULTURE, R/O: KALAMESHAR ROAD, JUNE BELAGAVI, BELAGAVI, TAL AND DIST. BELAGAVI.
29. SRI RAGUNATH PAILWANACHE, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: BAZAR GALLI, JUNE BELAGAVI, BELAGAVI, TAL AND DIST. BELAGAVI.
30. SRI TANAJI S HALAGEKAR, Deleted AGE: 52 YEARS, OCC: AGRICULTURE, v/o dt.24.4.2024 R/O: RAYAT GALLI, VADGAON, BELAGAVI, TAL AND DIST. BELAGAVI.
SRI MANOHAR APAYA KAKATIKAR, SINCE DECEASED NAME IS DELETED .
31. SRI NAGENDRA MALLAPPA MARYAKACHE, AGE:57 YEARS, OCC: AGRICULTURE, R/O: VITHAL GALLI, HALAGA, TAL AND DIST. BELAGAVI.
32. SRI BHIMRAO BHAIRU SHINDE, AGE: 67 YEARS, OCC: AGRICULTURE, R/O: PATIL GALLI, HALAGA, TAL AND DIST. BELAGAVI.
Deleted
33. SRI PIRAJI BABU SHINDE, v/o dt.24.4.2024 AGE: 67 YEARS, OCC: AGRICULTURE, R/O: PATIL GALLI, HALAGA, TAL AND DIST. BELAGAVI.
34. SRI VISHNU BHUJANG CHATUR, AGE: 77 YEARS, OCC: AGRICULTURE , R/O: PATIL GALLI, VADGAON, BELAGAVI, TAL AND DIST. BELAGAVI.
35. SRI ANILKUMAR B. ANAGOLKAR, AGE: 64 YEARS, OCC: AGRICULTURE , R/O: MACHHE, TAL AND DIST. BELAGAVI.
36. SRI SANJAY VITHAL SULAGEKAR, AGE: 57 YEARS, OCC: AGRICULTURE, R/O: MHADEV GALLI, MACCHE, TAL AND DIST. BELAGAVI.
37. SRI BHALCHANDRA KEDARI SANADI, AGE: 64 YEARS, OCC: AGRICULTURE , R/O: MAHADEV GALLI, MACCHE, TAL AND DIST. BELAGAVI.
38. SRI SHIDRAY RAMA LAD, AGE: 67 YEARS, OCC: AGRICULTURE , R/O: MAHADEV GALLI, MACCHE, TAL AND DIST. BELAGAVI.
39. SMT. SUREKHA KIRAN BHOSALE, AGE: 54 YEARS, OCC: AGRICULTURE, R/O: LAXMI GALLI, JUNE BELAGAVI, TAL AND DIST. BELAGAVI.
Deleted
40. SRI MARUTI JOTIBA BIRJE, v/o dt.24.4.2024 AGE: 59 YEARS, OCC: AGRICULTURE, R/O: RAYAT GALLI, VADANO, BELAGAVI, TAL AND DIST. BELAGAVI.
41. MRS. SHAKUNTALA PUNDALIK KANBARKAR, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: ACHARYA GALLI, SHAHAPUR, BELAGAVI, TAL AND DIST. BELAGAVI.
42. SRI GAJANAN NAGO SAPRE, AGE:62 YEARS, OCC: AGRICULTURE , R/O: VISHNU GALLI, VADGAON, BELAGAVI, TAL AND DIST. BELAGAVI.
43. SRI MAHADEV BHOMANI BAGEWADIKAR, AGE: 69 YEARS, OCC: AGRICULTURE , R/O: NAVI GALLI, SHAHAPUR, BELAGAVI, TAL AND DIST. BELAGAVI.
44. SRI SARVDNYA DEVENDRA BHOJANNAVAR, AGE:58 YEARS, OCC: AGRICULTURE , R/O: NAVI GALLI, SHAHPUR, BELAGAVI, TAL AND DIST. BELAGAVI.
…PETITIONERS [BY SRI D. RAVIKUMAR GOKAKAKAR & SRI HANUMANTH REDDY SAHUKAR, ADVS., FOR PETITIONER NOs.5, 6, 9, 10, 11, 13-16, 18, 19, 21, 23, 25-29, 31, 34-38 & 42 - 44;
[SRI MANJUNATH KARIGANNAVAR, ADVOCATE FOR PETITIONER NOs.1-4, 7, 8, 12, 17, 20, 22, 24, 30, 32, 33, 39, 40 & 41, BUT PETITION AGAISNT THEM IS DISMISSED V/C/O DT. 24.4.2024]
AND:
1. THE ASSISTANT COMMISSIONER, BELAGAVI AND CALA, NH4-A, BELAGAVI, TAL AND DIST. BELAGAVI-590001.
2. NATIONAL HIGHWAY AUTHORITY OF INDIA, DGM (TECH) AND PROJECT DIRECTOR, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS PROJECT IMPLEMENTATION UNIT, II CROSS, SATTUR COLONY, VIDYAGIRI, DHARWAD-580004.
…RESPONDENTS (BY SRI SAGAR LADDA & SRI D.M. MALLI, ADVOCATES FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A) WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT OF CERTIORARI QUASHING THE ORDER AT ANNEXURE-A i.e., DATED 05-04-2023 PASSED IN MA.NO.10/2022, ON THE FILE OF 1ST ADDITIONAL SENIOR CIVIL JUDGE AND CJM, BELAGAVI, B) CONFIRM THE ORDER DATED 23.12.2020 ON I.A. NO.III IN O.S.NO.1051/2020, PASSED BY THE VIII ADDL. CIVIL JUDGE AND JMFC., BELAGAVI.
THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDER ON 04.04.2024, COMING ON FOR PRONOUNCEMENT OF ORDERS, THIS DAY, THROUGH VIDEO CONFERENCE AT PRINCIPAL BENCH, BENGALURU, MADE FOLLOWING :
ORDER
Though matter was listed for consideration of I.A.no.1/2024, with consent of learned counsel for parties, it was taken up alongwith main matter, heard and reserved for orders on 04.04.2024.
Thereafter, matter was moved and listed for further hearing on 24.04.2024, petitioners no.1 to 4, 7, 8, 12, 17, 20, 22, 24, 30, 32, 33, 39, 40 and 41 prayed for dismissal of writ petition as withdrawn and orders were passed accordingly.
This writ petition is filed seeking for following reliefs:
A. Issue a writ or order or direction in the nature of writ of Certiorari quashing the order at Annexure-A i.e. dated 05-04-2023 passed in MA.no.10/2022, on the file of 1st Additional Senior Civil Judge and CJM, Belagavi.
B. Confirm the order dated 23-12-2021 on I.A.No.III in O.S.No.1051/2020, passed by the VII Addl Civil Judge and JMFC, Belagavi, vide Annexure-E.
2. Sri D. Ravi Kumar Gokakakar, learned counsel for petitioners, submitted that petitioners were plaintiffs filed O.S.no.1051/2020 seeking following reliefs.
“A) A Decree declaring that, the notification dated 24.10.2009 issued under Section 3A of NH Act 1956; the notification dated 27.08.2011 issued under Section 3D of the NH Act, 1956; the notification dated 30.10.2018 issued under Section 3A of the NH Act, 1956; and the notification dated 18.07.2019 issued under Section 3D of the NH Act, 1956; issued by the First defendant, are no way connected to the lands lying in between NH4 at Halage and NH4A on Machhe village; and in particular, in respect of the schedule lands of the plaintiffs;
B) Decree declaring that, the notification dated 24.10.2009 issued under Section 3A of NH Act 1956 and the notification dated 27-08-2011 issued under Section 3D of the NH Act, 1956, are lapsed due to bar enjoined under Section 3D of the Act;
C) Decree for consequential relief of injunction restraining the defendants or anybody claiming under them from interfering with the possession and enjoyment of the schedule lands by the plaintiffs;
D) Any other decree/order, which this Hon'ble court deems it fit and proper in the facts and circumstances of the case.”
Plaintiffs have later on given up prayer (B).
3. It was submitted, plaintiffs were in actual possession and occupation of agricultural lands (mentioned in suit schedule). Said lands, though situated about 10 to 12 Kms. from National Highway no.4A were wrongly included in Notifications issued by National Highway Authority of India -
defendants no.2 and 3 (‘NHAI’ for short).
4. Challenging acquisition notifications, plaintiffs had filed W.P.nos.110962-111011/2019 before this Court. In said petition, this Court taking note of contention urged by NHAI in statement of objections, that starting point of N.H.4A was shifted from Fish Market to K.M.0.00 of Belgaum Bypass, had observed, such shifting would be a complicated and disputed question of fact, not capable of being adjudicated by this Court, and relegated petitioners to approach competent Civil Court.
5. It was submitted, in terms of liberty reserved, present suit was filed. In said suit, plaintiffs had filed I.A.no.III under Order XXXIX Rules 1 and 2 read with Section 151 of Code of Civil Procedure, 1908 (‘CPC’ for short) for temporary injunction restraining defendants from disturbing possession and cultivation of suit schedule lands of plaintiffs. On 23.12.2021, trial Court allowed application and granted temporary injunction as follows:
“The I.A.No.III filed by the plaintiffs U/O.XXXIX Rules-1 and 2 R/w. Sec.151 of the C.P.C. is 'ALLOWED'.
The defendants, their agents, servants, henchmen or anybody acting on their behalf are hereby restrained from disturbing the plaintiffs in cultivation of their suit schedule lands till further order.
This order binds only to the suit properties mentioned in the schedule annexed with plaint particularly to the extent and boundaries shown in the schedule of each respective properties of the plaintiffs.
No order as to costs.”
6. Aggrieved thereby, NHAI preferred M.A.no.10/2022.
On 05.0
