The Chief Engineer vs The Special Land Acquisition ...
2022 Latest Caselaw 3489 Kant

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          IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

       DATED THIS THE 2ND DAY OF MARCH, 2022

                        BEFORE

     THE HON'BLE MR.JUSTICE ASHOK S. KINAGI


              MSA No.200160/2019 (LA)

BETWEEN:

1.     THE CHIEF ENGINEER
       KNNL IP ZONE KALABURAGI-585102

2.     THE EXECUTIVE ENGINEER
       KNNL GNP DIVISION
       MAHAGAON
       KALABURAGI-585102

                                           ... APPELLANTS

(BY SRI GOURISH S. KHASHAMPUR, ADVOCATE)

AND:

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

2.     THE DEPUTY COMMISSIONER
       KALABURAGI-585102

3.     SHANTAVEERAPPA S/O BASAWANAPPA
       BY LRS.
       1) PARVATI W/O LATE SHANTAVEER
       AGE: 50 YEARS, OCC: AGRICULTURE

       2) ARUN KUMAR S/O LATE SHANTAVEER
       AGE: 35 YEARS, OCC: AGRICULTURE
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     3) SHARNAPPA S/O LATE SHANTAVEER
     AGE: 29 YEARS OCC: AGRICULTURE

     4) SHIVARAJ S/O LATE SHANTAVEER
     AGE: 26 YEARS OCC: AGRICULTURE
     ALL R/O TADKAL 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 PASSED BY THE III ADDL. DISTRICT JUDGE AND
KALABURAGI IN LACA NO.1052/2017 DATED 29.05.2018.


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

                     JUDGMENT

This appeal was listed before the Court on

17.10.2019, at that time, three weeks' time was

granted for compliance of office objections. Again on

06.09.2021 when the matter was listed, none appear

in the matter, as finally a weeks time was granted to

comply with the office objections. Thereafter, the

matter was listed on 30.11.2021 and one week's time

was granted to comply with the office objections

subject to payment of cost of Rs.200/- payable by the

appellant to the Advocate's Library Fund, High Court

of Karnataka, Kalaburagi Bench. It is forthcoming

from the records that in spite of granting several and

sufficient opportunities, the appellant has not

complied the office objections.

Today the matter is listed for non-compliance of

office objections for the fourth time. This appeal was

filed in the year 2019 and for more than 2 ½ years,

the appellant has failed to comply with the office

objections. It seems that the appellant is not

interested in prosecuting the appeal. Hence, the

appeal is dismissed for non-compliance of office

objections.

Sd/-

JUDGE

VNR