The Executive Engineer vs The Special Land Acquisition ...
2021 Latest Caselaw 3326 Kant

            IN THE HIGH COURT OF KARNATAKA
                   KALABURAGI BENCH

      DATED THIS THE 15TH DAY OF SEPTEMBER 2021

                          BEFORE

        THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

            M. S. A. NO.200234 OF 2019 (LA)

BETWEEN:

THE EXECUTIVE ENGINEER
KNNL, ID., IPC DIVISION NO.1,
KALABURAGI-585102.
                                              ...APPELLANT

(BY SRI. GOURISH S KHASHAMPUR, ADV. - ABSENT)

AND

1.    THE SPECIAL LAND ACQUISITION OFFICER
      M & MIP, KALABURAGI-585102.

2.    THE DEPUTY COMMISSIONER
      KALABURAGI-585102.

3.    BASANNA
      S/O BHIMSHA
      AGE: 57 YEARS, OCC: AGRICULTURE,

4.    ADEPPA
      S/O SIDDAYYA
      AGE: 77 YEARS, OCC: AGRICULTURE,

5.    JAGADISHWARAYYA
      S/O BHADRAYYA
      AGE: 62 YEARS, OCC: AGRICULTURE,
                                  2



6.    DEVARAYA
      S/O MALLESHAPPA
      AGE: 52 YEARS, OCC: AGRICULTURE,

      ALL ARE R/O TENGLI VILLAGE-585312,
      TQ: CHITTAPUR, DIST: KALABURAGI.
                                                    ... RESPONDENTS

      THIS MSA IS FILED UNDER SECTION 54(2) OF LAND
ACQUISITION ACT PRAYING TO SET ASIDE THE JUDGMENT AND
AWARD PASSED IN LACA No.422/2016 DATED 10.04.2017 BY
THE III ADDL. DISTRICT JUDGE AT KALABURAGI.

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


                           JUDGMENT

This appeal is filed on 15.10.2019. Matter was posted

before the Court on 17.01.2020. Four weeks time was

granted to comply with the office objections. Matter was

posted on 12.03.2020 and again three weeks time was

granted to remove the office objections. Matter was listed

on 01.12.2020. Two weeks time was granted to comply with

the office objections. Again the matter was listed on

06.09.2021, on which date it is recorded that none appeared

for the appellant either physically or through video

conference. It was further recorded that inspite of granting

sufficient opportunities, appellant has not complied with the

office objections. However, as a last chance, a week's time

was granted to comply with the office objections and it was

made clear that in case office objections are not complied

within a week, the Court may proceed to pass appropriate

orders, including dismissal of the appeal for non-prosecution

as well as for non-compliance of office objections.

2. Today, the case is posted for the fifth time. None

appeared for the appellant. The appeal is of the year 2019.

Inspite of granting sufficient opportunities, appellant has not

complied with the office objections. It seems that the

appellant is not interested in prosecuting the appeal.

Accordingly, the appeal is dismissed for non-compliance of

office objections.

SD/-

JUDGE

RD