In this petition, the petitioner has sought for the

following reliefs:

(i)

Issue a writ of Certiorari or any other appropriate

writ, direction or order to quash/set aside the

Order dated 05.02.2022 (Annexure-B1), the

Notice dated 07.02.2022 (Annexure-C1) and the

communication dated 07.02.2022 (Annexure-D1)

issued by the Respondent Nos.1 to the Manager,

Kotak

Mahindra

Bank,

Visweshwarapuram

Branch, with respect to Bank Account of the

Petitioner viz., Account Name: CALA CUM

SLAO RAMANAGARA NH 275 & PD NHAI PIU

RAMANAGARA, Bank Name: Kotak Mahindra

Bank, Bidadi Branch, Account No.1612042839.

(ii)

Issue a writ of mandamus or any other

appropriate writ, direction or order directing the

Respondent No.1 to operationalize the Account

Name: CALA CUM SLAO RAMANAGARA NH

275 & PD NHAI PIU RAMANAGARA, Bank

³

Name: Kotak Mahindra Bank, Bidadi Branch,

Account No.1612042839.

(iii)

Issue a Writ of Mandamus directing the

Respondent No.1 to strictly follow the provisions

of section 3H(4) of the National Highways Act

1956 and refer the dispute to the Principal

District & Sessions Court, Ramanagara, in order

to determine as to who is entitled to receive the

compensation amount in respect of acquired

portions of property bearing Sy.No.87/2 Hejjala

Village, Bidadi Hobli, Ramnagar Taluk belonging

to the Petitioner.

(iv)

Issue a Writ of Mandamus directing the

Respondent No.1 that in the event of petitioner

succeeding in the dispute between him and the

Respondent No.2 before the Principal District &

Sessions Court, Ramanagara, to pass a general

award and make payment of the same to the

petitioner, without waiting for recovering the

same from respondent No.2 with liberty to the

Respondent No.1 to recover the amount from

Respondent No.2 as also initiate such action as

permitted under law against respondent No.2.

(v)

Issue any other writ or order or directions, as this

Hon’ble Court deems fit to grant in the facts and

circumstances of the case and in the interest of

justice and equity.

2.

Heard learned counsel for the petitioner,

learned counsel for respondent Nos.1 and 3 and Sri. M.R.

⁴

Rajagopal, learned Senior counsel for respondent No.2 and

perused the material on record.

3.

In

addition

to

reiterating

the

various

contentions urged in the Memorandum of Petition and

referring to the documents produced by the petitioner,

learned counsel for the petitioner submits that on

07.02.2022, respondent Nos.1 and 3-National Highways

Authority of India (NHAI) addressed a communication to the

Kotak

Mahindra

Bank,

Visweshwarapuram

Branch,

Bengaluru, where the petitioner has savings account

bearing Account No.142010112999 at Annexure-D1, in

which a sum of Rs.81,24,250/- was deposited by the

authorities informing the bank to freeze the said bank

account of the petitioner. Pursuant to the same, the

aforesaid Kotak Mahindra Bank has proceeded to attach

the bank account of the petitioner. Subsequently, the

petitioner in addition to requesting the respondent-

authorities as well as the aforesaid Bank to defreeze the

account, also submitted a representation dated 14.03.2022

to the respondents as well as an application under Section

⁵

3-H(4) of the National Highways Act, 1956 (for short “the

said

Act

of

1956”)

to

determine

the

entitlement,

apportionment and payment of compensation in view of the

inter se dispute between the petitioner and respondent

No.2, who is also a rival claimant in respect of the said

compensation. It is the grievance of the petitioner that

despite their existing a live and pending dispute between

the petitioner and respondent No.2 as regards payment,

apportionment and entitlement of compensation, instead of

referring the dispute to the competent Civil Court for

adjudication, respondent Nos.1 and 3 have proceeded to

pass the impugned order at Annexure-B1 rejecting the

claim of the petitioner and upholding the claim of

respondent No.2 and as such, the petitioner is before this

Court by way of the present petition.

4.

Per

contra,

learned

Senior

co