Rama Venkappa Gouda vs The Special Land Acquisition
2022 Latest Caselaw 13146 Kant

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                                        WP No. 109706 of 2015



IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

     DATED THIS THE 18TH DAY OF NOVEMBER, 2022

                         BEFORE
       THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
       WRIT PETITION NO. 109706 OF 2015 (LA-RES)


BETWEEN:

     RAMA VENKAPPA GOUDA,
     SINCE DECEASED BY HIS L.RS,

1.   BABU S/O. RAMA GOUDA,
     AGE: 74 YEARS, OCC: AGRICULTURE,
     RESIDENT: AMADALLI VILLAGE,
     DISTRICT UTTARA KANNADA.

2.   GANAPATI S/O. RAMA GOUDA
     AGE: 43 YEARS, OCC: AGRICULTURE,
     RESIDENT: AMADALLI VILLAGE,
     DISTRICT UTTARA KANNADA.

3.   GULABI D/O. RAMA GOUDA,
     AGE: 67 YEARS, OCC: AGRICULTURE,
     RESIDENT: AMADALLI VILLAGE,
     DISTRICT UTTARA KANNADA.

4.   YAMUNA D/O. RAMA GOUDA,
     AGE: 60 YEARS, OCC: AGRICULTURE,
     RESIDENT: AMADALLI VILLAGE,
     DISTRICT UTTARA KANNADA.
                                             ...PETITIONERS
       (BY SRI SHIVASAI M.PATIL, ADVOCATE)
AND:

1.   THE SPECIAL LAND ACQUISITION OFFICER,
     SEA BIRD NAVAL BASE PROJECT,
     KARWAR.
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                                          WP No. 109706 of 2015



2.    DEFENSE ESTATE OFFICER,
      KARNATAKA AND GOA CIRCLE,
      BANGALORE.

      NARAYAN VENKAPPA GOUDA
      SINCE DECEASED BY HIS LRS,

3.    SMT SUKARI KOM NARAYAN GOUDA,
      AGE ABOUT 70 YEARS, OCC: AGRICULTURE,
      R/O.AMDALLI VILLAGE IN KARWAR DISTRICT.

4.    TARA D/O. NARAYAN GOUDA
      AGE ABOUT 40 YEARS,
      OCC: AGRICULTURE,
      R/O.AMDALLI VILLAGE IN KARWAR DISTRICT.

5.    KAMALA D/O. NARAYAN GOUDA
      AGE ABOUT 38 YEARS,
      OCC: AGRICULTURE,
      R/O.AMDALLI VILLAGE IN KARWAR DISTRICT.
                                          ...RESPONDENTS

(BY SRI SHIVAPRABHU HIREMATH, AGA FOR RESP. NO.1)
(BY SRI MRUTYUNJAY TATA BANGI, CGSC FOR RESP. NO.2)
(BY SRI GOURISHANKAR MOT, ADV.FOR RESPONDENT NO.2)
(BY SRI J.S.SHETTY, ADV. FOR RESPONDENT NOS.3 TO 5)


       THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A
WRIT    IN   THE   NATURE   OF    CERTIORARI   QUASHING    THE
IMPUGNED ORDER DATED 20.03.2008 PASSED BY THE COURT
OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, KARWAR ON
I.A. FILED UNDER SECTION 152 OF CPC READ WITH SECTION
151 OF CPC IN LAC NO.286/1994 PRODUCED VIDE ANNEXURE-
A1.
       THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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                                          WP No. 109706 of 2015




                           ORDER

An order by which an application filed under Section

152 of C.P.C. for correction of the award has been

allowed, is the subject matter of this writ petition.

2. By the impugned order, the legal heirs of the 2nd

claimant, who had died, were brought on record but this

had not been reflected in the ultimate award that had

been granted and accordingly the application for correction

was allowed.

3. In my view, there is no error in the said order.

Since the legal heirs of the 2nd claimant were infact

ordered to be brought on record on 03.03.2006, much

before the judgment was pronounced on 27.07.2006, the

impugned order is proper and just.

4. Writ petition is therefore dismissed.

sd JUDGE CKK