Karnataka High Court
The Assistant Commissioner Cum vs K. Sarojamma W/O K. Hanumanthappa on 1 December, 2023
-1-
NC: 2023:KHC-D:14031
MSA No. 100073 of 2020
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 1ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
MISCELLANEOUS SECOND APPEAL NO.100073 OF 2020 (LA)
BETWEEN:
1. THE ASSISTANT COMMISSIONER CUM
LAND ACQUISITION OFFICER,
BALLARI.
2. THE EXECUTIVE ENGINEER, Z. P.
PWD ENGINEERING DIVISION,
BALLARI.
...APPELLANTS
(BY SRI. V.S. KALASURMATH, HCGP)
AND:
K. SAROJAMMA W/O. K. HANUMANTHAPPA,
AGE: MAJOR, OCC: AGRICULTURIST,
R/O: SANGANAKALLU VILLAGE,
TQ. AND DIST: BALLARI,
NOW RESIDING AT BALLARI,
Digitally
signed by PIN CODE: 583103.
VISHAL
VISHAL
NINGAPPA
...RESPONDENT
NINGAPPA PATTIHAL (BY SRI. ANIL KALE, ADVOCATE)
PATTIHAL Date:
2023.12.06
12:44:18
+0530
THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER
SECTION 54(2) (KARNATAKA AMENDMENT) OF THE LAND
ACQUISITION ACT, 1894, PRAYING TO, a) CALL FOR THE RECORDS
IN LAC APPEAL NO. 74/2018 ON THE FILE OF THE II ADDITIONAL
DISTRICT AND SESSIONS JUDGE, BALLARI. b) SET-ASIDE THE
JUDGMENT AND AWARD DATED 29.06.2019 IN LAC (APPEAL) NO.
74/2018 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS
JUDGE, BALLARI. IN THE INTEREST OF JUSTICE AND CONFIRM THE
AWARD PASSED IN LAC NO. 86/2013 DATED 31.07.2017 PASSED BY
THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL
MAGISTRATE, AT BALLARI.
-2-
NC: 2023:KHC-D:14031
MSA No. 100073 of 2020
THIS MISCELLANEOUS SECOND APPEAL, COMING ON FOR
FURTHER ORDERS, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Learned High Court Government Pleader for appellants submits that the appellants have satisfied the amount awarded by the First Appellate Court, in the execution petition initiated by the respondent to execute the decree impugned in the present appeal and files a memo to that effect.
2. A memo reads as under:
"Herein the counsel for the Appellants/State begs to submit as under:
That the top noted Miscellaneous Second Appeal the State has challenged the order passed by the Reference Court in an appeal in LAC Appeal No.74/2018. Pursuant to the said appeal having been filed before this Hon'ble Court the Respondent / claimants have initiated execution petition before the executing court and now inview of the subsequent development having been taken that the appellants Assistant Commissioner and Land Acquisition Officer and Public Works Department, Ballari have taken steps and on instructions has submitted that the steps have been taken to make payment of the -3- NC: 2023:KHC-D:14031 MSA No. 100073 of 2020 claimant before the executing Court and same would be result in their favour. Inview of the above fact the Hon'ble court be pleased to dispose of the appeals. Inview of the under taking given by the Appellant in the interest of justice and equity."
3. The memo is taken on record.
4. Accordingly, in view of the submission and memo filed, the appeal stands disposed of.
In view of the disposal of the appeal, pending application, if any, would not survive for consideration.
Sd/-
JUDGE PJ, CT: UMD List No.: 1 Sl No.: 0