Karnataka High Court
The Special Land Acquisition Officer vs Ravikant S/O Siddanagouda Patil on 29 July, 2024
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NC: 2024:KHC-K:5439
MSA No.200316 of 2021
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
MISCL SECOND APPEAL NO.200316 OF 2021 (LA)
BETWEEN:
THE SPECIAL LAND ACQUISITION OFFICER,
INDI, RAILWAY STATION, TQ. INDI,
DIST. BIJAPUR-586209.
...APPELLANT
(BY SMT. ARCHANA P. TIWARI, AAG ALONG WITH
SRI VEERANAGOUDA MALIPATIL, HCGP)
AND:
Digitally signed RAVIKANT S/O SIDDANAGOUDA PATIL,
by RENUKA
AGE: 63 YEARS, OCC: AGRICULTURE,
Location: HIGH
COURT OF R/O HIREBENUR, TQ. INDI-586111.
KARNATAKA
...RESPONDENT
THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER
SECTION 54(2) OF LAND ACQUISITION ACT, PRAYING TO A)
CALL FOR THE RECORDS IN LACA NO.76/2014, ON THE FILE
OF THE III ADDITIONAL DISTRICT JUDGE, VIJAYAPUR, AND
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MSA No.200316 of 2021
ALSO IN LAC NO.84/2007, ON THE FILE OF THE SENIOR CIVIL
JUDGE AND JMFC, INDI. B) ALLOW THE ABOVE APPEAL BY
SETTING ASIDE THE JUDGMENT AND AWARD DATED
07.11.2018, PASSED BY THE III ADDITIONAL DISTRICT
JUDGE, VIJAYAPURA, IN LACA NO.76/2014 AND ALSO SET
ASIDE THE JUDGMENT AND AWARD DATED 25.10.2013,
PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, INDI, IN LAC
NO.84/2007.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH
HEGDE
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Learned Additional Advocate General submits that the reference petition filed by the claimant in LAC No.84/2007 is partly allowed. Aggrieved by this order, the claimant had filed LAC Appeal No.76/2014 before the III Additional District Judge, Vijayapur. The said appeal is dismissed vide judgment and award dated 07.11.2018. It is further submitted that the Government has not filed any -3- NC: 2024:KHC-K:5439 MSA No.200316 of 2021 appeal against the award passed in LAC No.84/2007. Since the appeal filed by the claimant is dismissed on merits, the State is not an aggrieved party, as such, the present appeal is not maintainable. Accordingly, the appeal is dismissed.
Consequently, interim applications, if any, do not survive for consideration.
Sd/-
(ANANT RAMANATH HEGDE) JUDGE RSP List No.: 1 Sl No.: 42 CT:PK