Jainabee And Anr vs The State And Ors
2021 Latest Caselaw 3109 Kant

           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

        DATED THIS THE 4TH DAY OF AUGUST 2021

                            BEFORE

THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

     MISCELLANEOUS SECOND APPEAL No.200067/2018 (LAC)

BETWEEN:

1.     JAINABEE W/O MAHETAB SAB
       AGE: 66 YEARS, OCC: AGRICULTURE

2.     FATIMA BEE W/O MEERA SAB
       AGE: 68 YEARS, OCC: AGRICULTURE

       BOTH ARE R/O VILLAGE BENNUR(B)
       TQ. CHITTAPUR, DIST. KALABURAGI
                                           ... APPELLANTS

(BY SMT. HEMA L. KULKARNI, ADVOCATE)

AND:

1.     THE STATE THROUGH
       CHIEF ENGINEER IPZ
       KALABURAGI-585101

2.     THE EXECUTIVE ENGINEER
       KNNL/BNT, KALABURAGI-585101

3.     THE SLAO (M & MIP)
       KALABURAGI-585101

4.     THE DEPUTY COMMISSIONER
       KALABURAGI-585101

5.     SHAIK AHMED S/O NADEEM SAB
       DEAD BY LRS.,
                                               MSA No.200067/2018
                                2


5(A). NAZMMUNISA BEGUM
      W/O LT. SHAIK AHMED
      AGE: 45 YEARS, OCC: AGRICULTURE

6.    SHAIK MAHEBOOB SAB
      S/O NADEEM SAB
      AGE: 68 YEARS, OCC: AGRICULTURE

7.    SHAIK ABDUL NABI S/O NADEEM SAB
      AGE: 56 YEARS, OCC: AGRICULTURE

      R5(A) TO 7 ARE R/O VILLAGE BENUUR(B)
      TQ. CHITTAPUR, DIST. KALABURAGI-585101

                                                  ... RESPONDENTS


      THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER
SECTION 54(2) OF THE LAND ACQUISITION ACT, PRAYING TO
ALLOW THE APPEAL WITH COSTS AND MODIFY THE JUDGMENT AND
AWARD PASSED BY THE CIVIL JUDGE (SR., DN.,) SEDAM DATED
20.12.2007 IN LAC NO.27/2007 AND ALSO JUDGMENT AND AWARD
OF   I-ADDITIONAL    DISTRICT       JUDGE,   KALABURAGI,   DATED
14.10.2015 IN LACA NO.137/2014 AND FIX THE MARKET VALUE AT
THE RATE OF RS.5,00,000/- PER ACRE AND AWARD ALL STATUTORY
BENEFITS AND GRANT ANY OTHER RELIEF WHICH THIS COURT
DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE.


      THIS MISCELLANEOUS SECOND APPEAL COMING ON FOR
ORDERS, THROUGH PHYSICAL/VIDEO CONFERENCING HEARING,
THIS DAY THE COURT MADE THE FOLLOWING:


                            ORDER

The learned counsel for the appellants is physically

present in the Court and prays for a short accommodation to

comply with the office objections.

MSA No.200067/2018

A perusal of the order sheet would go to show that the

present appeal is of the year 2018 and for more than three

years, the appellants have not complied the office objections.

It is not understandable as to why in the appeals which have

been filed seeking enhancement of compensation towards

acquisition of the land, interest is not being evinced to comply

the office objections at the earliest. In the instant case, this is

for the ninth time, the matter is coming for compliance of office

objections, still the appellants are praying for time showing no

reason for such a prayer. The office objections to be attended

are very minor and simple which does not warrant any

considerable time to comply. Still for three years the appellants

have not complied the office objections despite granting

opportunity even as finally also. Therefore, I do not find any

reason to grant any further time to comply the office objections,

that too when no reasons are shown for seeking further time.

As such, the appeal stands dismissed for non-compliance of

office objections.

Sd/-

JUDGE NB*