The Chief Engineer And Anr vs The Special Land Acquisition ...
2021 Latest Caselaw 3215 Kant

           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

       DATED THIS THE 24TH DAY OF AUGUST 2021

                               BEFORE

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

     MISCELLANEOUS SECOND APPEAL No.200102/2019 (LAC)

BETWEEN:

1.     THE CHIEF ENGINEER
       K.N.N.L., I.P.C. ZONE
       KALABURAGI

2.     THE EXECUTIVE ENGINEER
       K.N.N.L. GANDORINALA DIVISION
       MAHAGAON, TQ. & DIST. KALABURAGI
                                               ... APPELLANTS
(BY SRI GOURISH S. KHASHAMPUR, ADVOCATE)

AND:

1.     THE SPECIAL LAND ACQUISITION OFFICER
       M & MIP, KALABURAGI

2.     THE DEPUTY COMMISSIONER
       KALABURAGI

3.     MALLINATH S/O SIDRAMAPPA
       AGE: 54 YEARS, OCC: AGRICULTURE
       R/O NAGOOR VILLAGE
       TQ. & DIST. KALABURAGI
                                              ... RESPONDENTS


       THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER
SECTION 54(2) OF THE LAND ACQUISITION ACT, PRAYING TO
ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND AWARD
                                              MSA No.200102/2019
                               2


PASSED BY THE LEARNED I-ADDITIONAL DISTRICT JUDGE AT
KALABURAGI, IN LACA NO.71/2017 DATED 03.04.2017.


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


                           ORDER

None appear for the appellants either physically or

through Video Conferencing. No reasons are forthcoming for

non-appearance of the learned counsel for the appellants.

Inspite of granting several and sufficient opportunities,

even as finally and as a last chance also, the appellants have

not complied with the office objections. On 10.08.2021 this

Court has made following observation:

"At the request of learned counsel for the appellants, as a last chance, a week's time is granted to comply with the office objections making it clear that if office objections are not complied within a week, the Court may proceed to pass the order including dismissal of appeal."

Inspite of the above, since the appellants have not

complied the office objections and no reasons are shown for MSA No.200102/2019

non-compliance of office objections, the appeal stands

dismissed for non-compliance of office objections as well as for

non-prosecution.

Sd/-

JUDGE

NB*