Nagappa S/O Kalabasappa Melagier vs The State Of Karnataka And Ors
2022 Latest Caselaw 234 Kant

                                 1



            IN THE HIGH COURT OF KARNATAKA
                   KALABURAGI BENCH

       DATED THIS THE 6TH DAY OF JANUARY 2022

                            PRESENT

     THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
                               AND
       THE HON'BLE MRS.JUSTICE K.S.HEMALEKHA

          WRIT APPEAL NO.200181/2021 (LA-RES)

BETWEEN:
Nagappa S/o Kalabasappa Melager,
Age: 51 Years, Occ: Agriculture,
R/o: Kolahar, Tq: Basavan Bagewadi,
Dist: Vijayapur-586 101.
                                                ... ...Appellant
(By Sri.Sanganabasava B.Patil, Advocate)

AND:
1.     The State of Karnataka,
       Represented by It's Secretary,
       Revenue Department, M.S.Building,
       Bangalore-01.

2.     The Deputy Commissioner,
       Vijayapur, Dist. Vijayapur-586101.

3.     The Special Land Acquisition Officer,
       Upper Krishna Project, Alamatti Dam,
       Navanagar Bagalkot,
       Dist: Bagalkot-585 101.

4.     The Managing Director,
       Krishna Bhagya Jala Nigam Ltd.,
       Upper Krishna Project Alamatti-586123.
                                  2




5.    The Commissioner,
      For Re-habitation and Land Acquisition,
      Honorary Secretary State of Karnataka,
      Krishna Bhagya Jala Nigam Ltd.,
      Upper Krishna Project Navanagar,
      Bagalkot-585101.
                                                 ..... Respondents
(By Sri.Mallikarjun C.Basareddy, HCGP for R1 to R3;
By Sri.Gourish Khashampur, Advocate for R4 & R5)

       This Writ Appeal is filed under Section 4 of the Karnataka
High Court Act, praying to (i) allow the writ appeal and set - aside
the Final order dated 19.11.2020 in Writ Petition No.205478/2016
passed by the learned Single Judge of this Hon'ble Court and
consequently allow the writ petition No.205478/2016, in the interest
of justice and equity. (ii) Pass any such other orders as the
Appellant would be found entitled to on the facts and circumstances
of the case, in the interest of justice and equity.

      This appeal coming on for orders                  this   day,
S.R.Krishna Kumar, J, delivered the following:


                           JUDGMENT

This appeal is directed against the impugned order

dated 19.11.2020 passed in W.P.No.205478/2016 by the

learned Single Judge, whereby the said petition filed by the

appellant was dismissed by the learned Single Judge.

2. Though several contentions have been urged by

the appellant, in the present appeal we do not find any

illegality or infirmity in the impugned order passed by the

learned Single Judge warranting interference in the present

appeal. Accordingly, we do not find any merits in the appeal

and the same is hereby dismissed.

3. It is however made clear that the dismissal of the

petition and present appeal will not come in the way of the

appellant taking recourse to such remedies as available in law

to ventilate his grievance

Sd/-

JUDGE

Sd/-

JUDGE SMP