Sri. K C Kumar vs The Special Land Acquisition ...
2022 Latest Caselaw 635 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 13TH DAY OF JANUARY 2022

                       BEFORE

       THE HON'BLE MR.JUSTICE ASHOK S. KINAGI

          M. F. A. NO.1612 OF 2016 (LAC)

BETWEEN:

SRI. K C KUMAR
S/O CHALUVEGOWDA
AGE 35 YEARS, OCC: AGRICULTURIST,
R/AT CHITHANAHOSAHALLI VILLAGE,
AGRAHARA POST DHANDIGANAHALLI HOBLI
CHANNARAYAPATNA TALUK
HASSAN DISTRICT - 573 116.
                                        ...APPELLANT

(BY SRI. ABHIJITH M M., ADVOCATE)

AND:

THE SPECIAL LAND ACQUISITION OFFICER
H.R.P. II, HASSAN - 573 116.
                                       ....RESPONDENT

(BY SRI. N. BALAJI, AGA)


    THIS APPEAL IS FILED UNDER SECTION 54(1)OF
LAND ACQUISITION ACT AGAINST THE JUDGMENT AND
AWARD DATED 28.06.2012 PASSED IN LAC NO.74/2012
ON THE FILE     OF THE SENIOR CIVIL      JUDGE,
CHANNARAYAPATNA, PARTLY ALLOWING THE REFERENCE
                                    2




PETITION FOR ENHANCED COMPENSATION AND SEEKING
FURTHER     ENHANCEMENT    OF    COMPENSATION.

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


                             JUDGMENT

This appeal was filed on 26.02.2016. Matter was

listed before the court on 09.02.2017. Four weeks

time was granted to comply with the office objections.

Matter was listed on 11.07.2017. Two weeks time

was granted to comply with the office objections.

Matter was again listed on 05.12.2017. A week's time

was granted to comply with the office objections. The

appellant has failed to comply with the office

objections. The appeal came to be dismissed vide

order dated 29.01.2018.

2. The appellant filed an application for recalling

the order dated 29.01.2018, and also filed an

application to condone the delay in filing the recalling

application. On 20.11.2018, this court issued notice

to the respondent on IAs. and the appeal. Inspite of

that, the appellant has not taken any steps. Further,

on 26.02.2020, pending consideration of the IAs., this

court has permitted the appellant to comply with the

office objections within two weeks. Matter was again

listed on 01.03.2021. None appeared for the

appellant. On 26.05.2021, this court allowed the

applications filed by the appellant and recalled the

order dated 29.01.2018, and restored the appeal and

granted four weeks time to comply with the office

objections. Matter was again listed on 06.01.2022.

Learned counsel for the appellant sought time to

comply with the office objections. Finally a week's

time was granted to comply with the office objections.

Further it was made clear that if the office objections

are not complied within such a period, the appeal shall

be listed for dismissal.

3. Today case called thrice. None appeared for

the appellant. Inspite of granting sufficient

opportunity to the appellant to comply with the office

objections, the appellant has not complied with the

office objections. In view of the peremptory order,

the appeal is dismissed for non-compliance of the

office objections.

SD/-

JUDGE

RD