Smt Rajamma vs The Special Land Acquisition ...
2021 Latest Caselaw 1203 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 19TH DAY OF JANUARY, 2021

                        BEFORE

     THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

              M.F.A.NO.5183 OF 2020(LAC)

BETWEEN

SMT RAJAMMA
W/O DORESWAMY,
AGED 48 YEARS,
R/O THIPPAPURA VILLAGE,
KASABA HOBLI,
DODDABALLAPUR TALUK,
BANGALORE RURAL DISTRICT-561203
                                              ...APPELLANT
(BY SRI. PHANIRAJ KASHYAP, ADVOCATE)

AND

1.    THE SPECIAL LAND ACQUISITION OFFICER
      AND COMPETENT AUTHORITY
      NATIONAL HIGHWAYS AUTHORITY OF INDIA
      NH-207 NEAR SRIGANDA PETROL BUNK,
      SONDEKOPPA CIRCLE NELAMANGALA-562 123

2.    SMT.RAMAKKA
      W/O LATE THIMMAPPA
      AGED 51 YEARS,
      R/O THIPPAPURA VILLAGE,
      KASABA HOBLI,DODDABALLAPUR TALUK,
      BANGALORE RURAL DISTRICT-561203.

3.    SMT.RATHANAMMA
      D/O LATE THIMMAPPA
      AGED 51 YEARS,
      R/O THIPPAPURA VILLAGE,
      KASABAHOBLI, DODDABALLAPUR TALUK,
      BANGALORE RURAL DISTRICT-561 203.
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4.     SMT.SUBBAMMA
       D/O LATE THIMMAPPA
       AGED 42 YEARS.

5.     SMT.VENKATALAKSHMAMMA
       D/O LATE ANJANEYA
       AGED 42 YEARS,

6.     PILLEGOWDA
       S/O LATE ANJANEYA
       AGED 26 YEARS,

7.     SMT.SHUBHA
       LATE ANJANEYA
       AGED 22 YEARS

8.     SMT.PADMAMMA
       LATE THIMMAPPA
       AGED 41 YEARS
9.     SMT.BHAGYAMMA
       W/O LATE NARASIMHAMURTHY @ NARASIMHA,
       AGED 38 YEARS
10 .   KUM.SUMA
       D/O LATE NARASIMHAMURTHY @ NARASIMHA
       AGED 20 YEARS

11 .   SMT.KAMALAMMA
       W/O LATE DEVARAJ
       AGED 36 YEARS,
12 .   KUM.NALINI
       D/O LATE DEVARAJ
       AGED 15 YEARS
       SINCE THE RESPONDENT
       MINOR REP BY THEIR NATURAL GUARDIAN MOTHER
       SMT.KAMALAMMA RESPONDENT NO.11.
13 .   SRI.SHIVAKUMAR
       S/O LATE THIMMAPPA
       AGED 36 YEARS,
       R/O THIPPAPURA VILLAGE,
       KASABA HOBLI,DODDABALLAPUR TALUK,
       BANGALORE RURAL DISTRICT-561 203.
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14 .   SMT.VENKATAMMA
       W/O LATE CHINNAPPA
       AGED 79 YEARS,
       R/O THIPPAPURA VILLAGE,
       KASABA HOBLI,
       DODDABALLAPUR TALUK,
       BANGALORE RURAL DISTRICT-561 203.

15 .   SRI.DORESWAMY
       S/O LATE CHINNAPPA
       AGED 43 YEARS,
       R/O THIPPAPURA VILLAGE,
       KASABA HOBLI,DODDABALLAPUR TALUK,
       BANGALORE RURAL DISTRICT-561 203.

16 .   SRI.GANGARAJU
       S/O LATE CHINNAPPA
       AGED 40 YEARS,
       R/O THIPPAPURA VILLAGE,
       KASABA HOBLI, DODDABALLAPUR TALUK,
       BANGALORE RURAL DISTRICT-561 203.

17 .   SRI.ANJANEYASWAMY TEMPLE
       THIPPAPURA VILLAGE,
       KASABA HOBLI, DODDABALLAPUR TALUK,
       BANGALORE RURAL DISTRICT-561 203

18 .   THE TAHASILDAR
       DODDABALLAPUR TALUK,
       DODDABALLAPURA-561 203

19 .   THE PRINCIPAL SECRETARY
       STATE GOVERNMENT OF KARNATAKA,
       VIDHANA SOUDHA, BANGALORE-560 001.
                                            ...RESPONDENTS

      THIS APPEAL IS FILED UNDER SECTION 54(2) OF THE LAND
ACQUISITION ACT 1894 PRAYING TO SET ASIDE THE ORDER
DATED: 05.02.2020 PASED BY IV ADDITIONAL DISTRICT AND
SESSIONS JUDGE AND DODDABALLAPURA IN REV PETITION
NO.2/2018 IN LAC NO. 10004/2015 AND CONSEQUENTLY CONFIRM
THE JUDGMENT / ORDER DATED: 20.04.2018 AND ETC.

     THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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                         JUDGMENT

Learned counsel for the appellant has filed a memo

seeking permission to convert the appeal into a Writ Petition.

2. The aforesaid memo is placed on record.

3. Registry is directed to convert the appeal into a Writ

Petition.

Accordingly, the appeal is disposed off for statistical

purpose.

Registry is also directed to permit the learned counsel

for the appellant to carry out necessary corrections for the

purpose of enabling the appeal to be converted into a Writ

Petition.

Sd/-

JUDGE

Bmc