Karnataka High Court
Project Director vs Smt. Shrivevva And Ors on 4 March, 2022
Bench: Ashok S. Kinagi
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR.JUSTICE ASHOK S. KINAGI
MFA NO.200924/2019 (LAC)
C/W
MFA NO.200922/2019
In MFA No.200924/2019
Between:
Project Director & Deputy General Manager (T),
National Highways Authority of India,
Project Implementation Unit,
Plot No.65, Kothari Layout,
Venkatesh Nagar, Kalaburagi-585 103.
... Appellant
(By Sri.R.V.Naik & Sri.Shravankumar Math, Advocates)
And:
Sri. Bhimaraya S/o Sharanappa Jogur,
R/o Chik Sindagi Sindagi Taluk,
Vijayapura District-586 128
(Since deceased by LR
Claimant No.3/Respondent No.3)
1. Sri. Hanamant S/o Mallappa Hunasagi,
R/o Chik Sindagi Sindagi Taluk,
Vijayapura District-586 128.
2
2. Smt. Shantabai W/o Bhimaraya Jogur,
Age: 43 years, Occ: Household work,
R/o Chik Sindagi, Sindagi Taluk,
Vijayapura District-586 128.
3. The Land Acquisition Officer &
Assistant Commissioner, Indi,
Vijayapur District-586 209.
4. The Chief Secretary State of Karnataka
Rep. by Deputy Commissioner,
Bijapur-586 101.
5. The Principal Secretary Revenue Department,
M.S.Building, Bangalore-560 001.
... Respondents
(By Sri.A.M.Biradar, Advocate for R1 & R2;
Smt. Maya T.R, Advocate for R3 to R5)
This Miscellaneous First Appeal is filed under Section
54(1) of the Land Acquisition Act, praying to call for the
records of the LAC No.07/2008, on the file of the Court of
the Senior Civil Judge & JMFC, Sindagi, and after looking
into the legality and validity of the judgment & award
dated 23.11.2018, be pleased to quash and set aside the
award in LAC No.07/2008 passed by the Court of Senior
Civil Judge & JMFC, Sindagi.
In MFA No.200922/2019
Between:
Project Director & Deputy General Manager (T),
National Highways Authority of India,
Project Implementation Unit,
Plot No.65, Kothari Layout,
Venkatesh Nagar, Kalaburagi-585 103.
... Appellant
(By Sri.R.V.Naik & Sri.Shravankumar Math, Advocates)
3
And:
1. Smt. Shrivevva
W/o Basappa Devanagaon,
R/o Chick Sindagi, Sindagi Taluk,
Vijayapur District-586128.
2. The Land Acquisition Officer &
Assistant Commissioner, Indi,
Vijayapur District-586 209.
3. The Chief Secretary State of Karnataka
Rep. by Deputy Commissioner,
Bijapur-586 101.
4. The Principal Secretary
Revenue Department,
M.S.Building, Bangalore-560 001.
... Respondents
(By Smt. Maya T.R, HCGP for R2 to R4)
This Miscellaneous First Appeal is filed under Section
54(1) of the Land Acquisition Act, praying to call for the
records of the LAC No.10/2008, on the file of the Court of
the Senior Civil Judge & JMFC, Sindagi, and after looking
into the legality and validity of the judgment & award
dated 20.11.2018, be pleased to quash and set aside the
award in LAC No.10/2008 passed by the Court of Senior
Civil Judge & JMFC, Sindagi.
These appeals coming on for orders, this day, the
Court delivered the following:-
4
JUDGMENT
Learned counsel for the appellant appearing
through video conference submits that the value of
the subject matter of appeals is less than Rs.10 lakhs.
2. Office has raised objections with regard to
the maintainability of the appeals.
3. In view of Section 19 of the Karnataka Civil
Court Act, if the value of the appeals is less than
Rs.10 Lakhs, the appeals would lie before the District
Court.
4. The learned counsel for the appellant seeks
permission to withdraw the appeals with liberty to file
before the appropriate Court. The said submission is
placed on record.
5. Accordingly, the appeals are dismissed as
withdrawn with the liberty as prayed for.
Registry is directed to return the certified copy of
the impugned judgment and award after obtaining
photo copy of the same.
Sd/-
JUDGE
msr
