Chitrashekhar And Ors vs The Spl. Lao And Ors
2022 Latest Caselaw 4045 Kant

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          IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

       DATED THIS THE 9TH DAY OF MARCH, 2022

                         BEFORE

     THE HON'BLE MR.JUSTICE ASHOK S. KINAGI


              MSA No.200116/2019 (LAC)

Between:

       Chitrashekhar S/o Late. Revansiddappa
       Apprarao S/o Late. Revansiddappa by his
       LRs claimant No.1 by name Chitrashkhar

       Sharadabai W/o Late. Revansiddappa
       by her LRs claimant No.1 by name

       Chitrashkhar S/o Late Revansidappa,
       Age: 62 years, Occ: Agriculture,
       All are R/o Duttargi, Tq: Chincholi,
       Dist: Kalaburagi-585 101.
                                              ... Appellants
(By Smt. Anita M. Reddy &
 Smt. Lakshmi G.E., Advocates)

And:

1.     The Spl. LAO, Kalaburagi,
       For M & MIP Room No.7,
       Mini Vidhana Soudha,
       Kalaburagi-585 101.

2.     Deputy Commissioner,
       Kalaburagi-585 101.
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3.    The Executive Engineer,
      M.I. Division
      Iwan-E-Shahi,
      Kalaburagi-585 101.
                                                ... Respondents

      This Miscellaneous Second Appeal is filed under
Section 54(2) of the Land Acquisition Act praying to allow
the appeal and the impugned judgment and award dated
19.11.2016     passed     by   III-Additional    District   Judge,
Kalaburagi    in   LACA   No.65/2015     to     be   modified    by
enhancing the amount of compensation at Rs.2,98,651/-
per acre for dry land, with all statutory benefits, in the
interest of justice and equity.


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


                          JUDGMENT

This appeal is filed on 19.06.2019. The matter

was listed before the Court on 13.09.2019. Two

weeks time was granted for compliance of office

objections. Again matter was listed on 07.11.2019.

Two weeks time was granted for compliance. On

02.08.2021, finally a week's time was granted for

compliance of office objections. Matter was again

listed on 13.08.2021 and as a last chance, a week's

time was granted for compliance. If office objections

are not complied, the matter was ordered to be listed

on 24.08.2021. When the matter was listed on

24.08.2021, as finally, two weeks' time was granted

for compliance of office objections. Matter was listed

on 17.11.2021, on which date, one week time was

granted for compliance subject to payment of cost of

Rs.1,000/-. Again matter was listed on 21.12.2021.

One week time was granted for compliance of office

objections subject to payment of cost of Rs.500/-

2. Today, matter is listed for non-compliance of

office objections for the 8th time. Inspite of granting

sufficient opportunities, learned counsel for the

appellants has not complied with the office objections

and it is forthcoming from the records that the learned

counsel for the appellants has not paid cost. Even

today there is no representation on behalf of the

appellants. Though the appeal is of the year 2019, 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*