IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NO.50866/2018 (LA-RES) BETWEEN:
SRI G.S.SHANKARAPPA S/O G.S.SUBBANNA AGED ABOUT 56 YEARS R/AT NO.659, MEDAHLLI VILLAGE BIDARAHALLI HOBLI K.R.PURAM TALUK BENGALURU-560049. ... PETITIONER (BY SRI.VASANTHAPPA, ADVOCATE ) AND:
1. ASSISTANT COMMISSIONER AND COMPETENT AUTHORITY NH-4, (MULBHAGAL-KOLAR-BENGALURU SECTION) 3RD MAIN, PALASANDRA LAYOUT GULPET, KOLAR SUB-DIVISION KOLAR-563102.
2. THE PLANNING DIRECTOR NHAI, PIU NO.52, 5TH CROSS 38 MAIN ROAD, 2ND STAGE BTM EXTENSION BENGALURU-560068.
3. THE MANAGER (TECHNNICAL) NHAI, KOLAR SITE OFFICE KOLAR-563102. ... RESPONDENTS (BY SRI.E.S.INDIRESH, AGA FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE 1ST RESPONDENT AUTHORITY TO PAY TRIPLE THE AMOUTN FIXED AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The petitioner has sought for the following relief :
“Issue a writ of mandamus or any other appropriate writ directing the 1st respondent authority to pay triple the amount fixed.”
2. Learned State counsel has submitted that the writ petition is not maintainable in view of Section 34(2) of the Arbitration Act r/w. Sub Section (6) of Section 3- G of the National Highways Act 1956. He has relied on the judgment of this Court in the case of Smt.G. Jayashree vs. Secretary, Ministry of Surface Transport, Government of India, New Delhi & Ors. reported in AIR 2013 Kar 63 wherein it is held as under :
“It is amply clear that the Civil Court has got jurisdiction to proceed with the matter under Section 34(2) of the Arbitration Act, to find out the legality of the award made by the Arbitrator under the provisions of the N.H. Act”
3. In view of the aforesaid legal issue, the writ petition stands dismissed as not maintainable with liberty reserved to the petitioner to avail the remedy in terms of the aforesaid provision.
Time spent by the petitioner before this Court shall be taken note for the purpose of condonation of delay by the Competent Authority.
Sd/-
JUDGE rs/ssb