The Chief Engineer Knnl And Anr vs Deputy Commissioner And Ors
2022 Latest Caselaw 3606 Kant

                              1




          IN THE HIGH COURT OF KARNATAKA
                   KALABURAGI BENCH

       DATED THIS THE 3RD DAY OF MARCH, 2022

                          BEFORE

     THE HON'BLE MR.JUSTICE ASHOK S. KINAGI


               MFA No.202333/2019 (LAC)

Between:

1.     The Chief Engineer, KNNL,
       KNNL, IPC, Zone Kalaburagi.

2.     The Executive Engineer,
       KNNL, G.N.P. Division,
       Mahagaon Cross,
       Now at Divn. No.1, Kalaburagi.
                                      ... Appellants
(By Sri Gourish S. Khashampur, Advocate)

And:

1.     Deputy Commissioner,
       Kalaburagi District,
       Kalaburagi-585 102.

2.     The Special Land Acquisition Officer,
       M & MIP, Vikas Soudha,
       Kalaburagi-585 102.

3.     Sri. Ambaji S/o Piroji,
       Age: Major, Occ: Agriculture,

4.     Gundappa S/o Piroji,
       Age: Major, Occ: Agriculture,
                              2




5.    Anandrao S/o Piroji,
      Age: Major, Occ: Agriculture,

6.    Pandurang S/o Piroji,
      Age: Major, Occ: Agriculture,

      All residents of Mahagaon Village,
      Tq. & Dist. Kalaburagi.
                                           ... Respondents

      This Miscellaneous First Appeal is filed under Section
54 of Land Acquisition Act r/w Order XLI Rule 1 of CPC,
praying to allow the appeal and set aside the judgment
and award dated 03.06.2017 passed by the learned
Principal Senior Civil Judge, Kalaburagi, in LAC No.8/2013.


      This appeal coming on for Orders, this day, the Court
delivered the following:-


                       JUDGMENT

This appeal was filed on 18.11.2019. This

matter was listed on 12.03.2020 and four weeks' time

was granted to comply with the office objections. The

matter was again listed on 26.11.2020, on that day,

four weeks' time was granted to comply with the office

objections making it clear that if office objections are

not complied, the appeal would be listed for dismissal.

When the matter was listed on 09.03.2021, again one

week time was granted to comply with the office

objections making it clear that if office objections are

not complied, the appeal would be dismissed.

Thereafter, the matter was listed on 17.11.2021, on

which day, one week time was granted to comply with

the office objections subject to payment of cost of

Rs.1,000/-. On 13.12.2021, counsel for the

appellants submitted that cost has been paid and

recording the same, finally, one week time was

granted to comply with the office objections.

Today, matter is listed for the sixth time for

compliance of office objections. Inspite of granting

sufficient opportunity, learned counsel for the

appellants has failed to comply with the office

objections. It seems that the appellants are not

interested in prosecuting the appeal. Hence, the

appeal is dismissed for non-compliance of office

objections.

Sd/-

JUDGE NB*