Karnataka High Court
The Secretary To Government vs D. Venkataraa Reddy S/O ... on 26 September, 2022
Bench: H.P.Sandesh
-1-
MSA No. 100120 of 2019
and connected matters
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 26TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS SECOND APPEAL NO. 100120/2019
(LA)
C/W.
MISCELLANEOUS SECOND APPEAL NO. 100121 OF 2019
MISCELLANEOUS SECOND APPEAL NO. 100122 OF 2019
MISCELLANEOUS SECOND APPEAL NO. 100123 OF 2019
MISCELLANEOUS SECOND APPEAL NO. 100124 OF 2019
MISCELLANEOUS SECOND APPEAL NO. 100125 OF 2019
MISCELLANEOUS SECOND APPEAL NO. 100126 OF 2019
MISCELLANEOUS SECOND APPEAL NO. 100127 OF 2019
MISCELLANEOUS SECOND APPEAL NO. 100128 OF 2019
MISCELLANEOUS SECOND APPEAL NO. 100129 OF 2019
MISCELLANEOUS SECOND APPEAL NO. 100130 OF 2019
MISCELLANEOUS SECOND APPEAL NO. 100131 OF 2019
MISCELLANEOUS SECOND APPEAL NO. 100132 OF 2019
MISCELLANEOUS SECOND APPEAL NO. 100133 OF 2019
MISCELLANEOUS SECOND APPEAL NO. 100134 OF 2019
MISCELLANEOUS SECOND APPEAL NO. 100135 OF 2019
MISCELLANEOUS SECOND APPEAL NO. 100136 OF 2019
MISCELLANEOUS SECOND APPEAL NO. 100137 OF 2019
MISCELLANEOUS SECOND APPEAL NO. 100138 OF 2019
MISCELLANEOUS SECOND APPEAL NO. 100139 OF 2019
MISCELLANEOUS SECOND APPEAL NO. 100140 OF 2019
MISCELLANEOUS SECOND APPEAL NO. 100141 OF 2019
IN M.S.A.No.100120/2019
BETWEEN:
1. THE SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE,
M.S. BUILDING, BENGALURU.
Digitally signed
by J MAMATHA
Location:
2. THE ASSISTANT COMMISSIONER CUM
J
MAMATHA
Dharwad
Date: LAND ACQUISITION OFFICER,
2022.09.28
11:56:28
+0530
BALLARI.
-2-
MSA No. 100120 of 2019
and connected matters
3. THE EXECUTIVE ENGINEER
PWD, BALLARI.
...APPELLANTS
(BY SRI.SHIVAPRABHU S.HIREMATH, AGA)
AND:
GURU BHEEMA REDDY
S/O RAMACHANDRA REDDY,
AGE: 36 YEARS,
OCC: AGRICULTURE,
R/O: YERRAGUDI,
TQ and DIST: BALLARI.
...RESPONDENT
(BY SRI.S.S.BETURMATH, ADV. FOR
SRI K L PATIL, ADVOCATE)
THIS MSA IS FILED U/SEC. 54(2) (KARNATAKA
AMENDMENT) OF THE LAND ACQUISITION ACT, 1894,
PRAYING TO CALL FOR THE RECORDS IN LAC (APPEAL) NO.
66/2018 ON THE FILE OF THE II ADDITIONAL DISTRICT AND
SESSIONS JUDGE, BALLARI AND IN LAC NO. 138/2013 ON THE
FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, BALLARI
AND ETC.,
IN M.S.A.No.100121/2019
BETWEEN:
1. THE SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE,
M.S. BUILDING, BENGALURU.
2. THE ASSISTANT COMMISSIONER CUM
LAND ACQUISITION OFFICER,
BALLARI.
3. THE EXECUTIVE ENGINEER
PWD, BALLARI.
...APPELLANTS
(BY SRI.SHIVAPRABHU S.HIREMATH, AGA)
MSA No. 100120 of 2019
and connected matters
AND:
1. ANCHE RAMACHANDRAPPA
S/O ANCHE OBALESHAPPA,
AGE:52 YEARS, OCC:AGRICULTURE,
R/O YERRAGUDI, TQ AND DIST:BALLARI.
...RESPONDENT
(SERVED)
THIS MSA IS FILED U/SEC. 54(2) (KARNATAKA
AMENDMENT) OF THE LAND ACQUISITION ACT, 1894,
PRAYING TO CALL FOR THE RECORDS IN LAC (APPEAL) NO.
67/2018 ON THE FILE OF THE II ADDITIONAL DISTRICT AND
SESSIONS JUDGE, BALLARI AND IN LAC NO. 135/2013 ON THE
FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, BALLARI
AND ETC.,
IN M.S.A.No.100122/2019
BETWEEN:
1. THE SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE,
M.S. BUILDING, BENGALURU.
2. THE ASSISTANT COMMISSIONER CUM
LAND ACQUISITION OFFICER,
BALLARI.
3. THE EXECUTIVE ENGINEER
PWD, BALLARI.
...APPELLANTS
(BY SRI.SHIVAPRABHU S.HIREMATH, AGA)
AND:
SMT.BASAMMA
SINCE DEAD BY HER LR
1 GURUPADDAPPA
S/O LATE ERANNA
AGE;70 YEARS,
NOT MADE PARTY/RESPONDENT No.1A
MSA No. 100120 of 2019
and connected matters
2 K.MALLAIAH S/O LATE ERANNA
AGE:60 YEARS,
NOT MADE PARTY/RESPONDENT No.1b
3 VEERUPAKSHAPPA K.
S/O LATE ERANNA 48 YEARS,
NOT MADE PARTY/RESPONDENT No.1C
4 K.PARAMESHWARAPPA
S/O LATE ERANNA
AGE;47 YEARS,
NOT MADE PARTY/RESPONDENT No.1d
ALL ARE RESIDENTS OF
YERRAGUDI VILLAGE,
BALLARI TALUK AND DISTRICT.
...RESPONDENTS
(BY SRI ANIL KALE, ADV. FOR R1 TO R4)
THIS MSA IS FILED U/SEC. 54(2) (KARNATAKA
AMENDMENT) OF THE LAND ACQUISITION ACT, 1894,
PRAYING TO CALL FOR THE RECORDS IN LAC (APPEAL) NO.
68/2018 ON THE FILE OF THE II ADDITIONAL DISTRICT AND
SESSIONS JUDGE, BALLARI AND IN LAC NO. 132/2013 ON THE
FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, BALLARI
AND ETC.,
IN M.S.A.No.100123/2019
BETWEEN:
1. THE SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE,
M.S. BUILDING, BENGALURU.
2. THE ASSISTANT COMMISSIONER CUM
LAND ACQUISITION OFFICER,
BALLARI.
MSA No. 100120 of 2019
and connected matters
3. THE EXECUTIVE ENGINEER
PWD, BALLARI.
...APPELLANTS
(BY SRI.SHIVAPRABHU S.HIREMATH, AGA)
AND:
SANNA HANUMANTHA REDDY
S/O KYADIGI REDDY,
AGE:45 YEARS,
OCC;AGRICULTURE,
R/O YERRAGUDI VILLAGE,
TQ& AND DIST;BALLARI
...RESPONDENT
(BY SRI ANIL KALE, ADV.)
THIS MSA IS FILED U/SEC. 54(2) (KARNATAKA
AMENDMENT) OF THE LAND ACQUISITION ACT, 1894,
PRAYING TO CALL FOR THE RECORDS IN LAC (APPEAL) NO.
69/2018 ON THE FILE OF THE II ADDITIONAL DISTRICT AND
SESSIONS JUDGE, BALLARI AND IN LAC NO. 154/2013 ON THE
FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, BALLARI
AND ETC.,
IN M.S.A.No.100124/2019
BETWEEN:
1. THE SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE,
M.S. BUILDING, BENGALURU.
2. THE ASSISTANT COMMISSIONER CUM
LAND ACQUISITION OFFICER,
BALLARI.
3. THE EXECUTIVE ENGINEER
PWD, BALLARI.
...APPELLANTS
(BY SRI.SHIVAPRABHU S.HIREMATH, AGA)
MSA No. 100120 of 2019
and connected matters
AND:
RAJAMMA D/O CHANNA REDDY,
AGE:27 YEARS, OCC:AGRICULTURE,
R/O YERRAGUDI VILLAGE,
TQ & DIST:BALLARI.
...RESPONDENT
(BY SRI ANIL KALE, ADV.)
THIS MSA IS FILED U/SEC. 54(2) (KARNATAKA
AMENDMENT) OF THE LAND ACQUISITION ACT, 1894,
PRAYING TO CALL FOR THE RECORDS IN LAC (APPEAL) NO.
70/2018 ON THE FILE OF THE II ADDITIONAL DISTRICT AND
SESSIONS JUDGE, BALLARI AND IN LAC NO. 128/2013 ON THE
FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, BALLARI
AND ETC.,
IN M.S.A.No.100125/2019
BETWEEN:
1. THE SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE,
M.S. BUILDING, BENGALURU.
2. THE ASSISTANT COMMISSIONER CUM
LAND ACQUISITION OFFICER,
BALLARI.
3. THE EXECUTIVE ENGINEER
PWD, BALLARI.
...APPELLANTS
(BY SRI.SHIVAPRABHU S.HIREMATH, AGA)
AND:
L.LINGA REDDY
S/O KRISHNA REDDY,
AGE:52 YEARS, OCC:AGRICULTURE,
R/O YERRAGUDI VILLAGE,
TQ: AND DIST:BALLARI.
...RESPONDENT
(SERVED)
MSA No. 100120 of 2019
and connected matters
THIS MSA IS FILED U/SEC. 54(2) (KARNATAKA
AMENDMENT) OF THE LAND ACQUISITION ACT, 1894,
PRAYING TO CALL FOR THE RECORDS IN LAC (APPEAL) NO.
1/2019 ON THE FILE OF THE II ADDITIONAL DISTRICT AND
SESSIONS JUDGE, BALLARI AND IN LAC NO. 153/2013 ON THE
FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, BALLARI
AND ETC.,
IN M.S.A.No.100126/2019
BETWEEN:
1. THE SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE,
M.S. BUILDING, BENGALURU.
2. THE ASSISTANT COMMISSIONER CUM
LAND ACQUISITION OFFICER,
BALLARI.
3. THE EXECUTIVE ENGINEER
PWD, BALLARI.
...APPELLANTS
(BY SRI.SHIVAPRABHU S.HIREMATH, AGA)
AND:
D.PRATHAP REDDY
S/O NEELAKANTHA REDDY,
AGE;45 YEARS, OCC;AGRICULTURE,
R/O YERRAGUDI VILLAGE,
TQ: AND DIST:BALLARI
...RESPONDENT
(BY SRI ANIL KALE, ADV.)
THIS MSA IS FILED U/SEC. 54(2) (KARNATAKA
AMENDMENT) OF THE LAND ACQUISITION ACT, 1894,
PRAYING TO CALL FOR THE RECORDS IN LAC (APPEAL) NO.
2/2019 ON THE FILE OF THE II ADDITIONAL DISTRICT AND
SESSIONS JUDGE, BALLARI AND IN LAC NO. 140/2013 ON THE
FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, BALLARI
AND ETC.,
MSA No. 100120 of 2019
and connected matters
IN M.S.A.No.100127/2019
BETWEEN:
1. THE SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE,
M.S. BUILDING, BENGALURU.
2. THE ASSISTANT COMMISSIONER CUM
LAND ACQUISITION OFFICER,
BALLARI.
3. THE EXECUTIVE ENGINEER
PWD, BALLARI.
...APPELLANTS
(BY SRI.SHIVAPRABHU S.HIREMATH, AGA)
AND:
VENKATA REDDY
S/O LATE DURGA REDDY
AGE;53 YEARS, OCC;AGRICULTURE
R/O YERRAGUDI VILLAGE,
TQ: AND DIST:BALLARI.
...RESPONDENT
(SERVED)
THIS MSA IS FILED U/SEC. 54(2) (KARNATAKA
AMENDMENT) OF THE LAND ACQUISITION ACT, 1894,
AGAINST THE JUDGMENT AND DECREE DATED 28.02.2019
PASSED IN LAC No.03./2019 ON THE FILE OF THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI,
PARTLY ALLOWING THE APPEAL AND MODIFYING THE
JUDGMENT AND DECREE DATED 28.04.2015 PASSED IN LAC
No.143/2013 ON THE FILE OF THE I ADDITIONAL SENIOR
CIVIL JUDGE, BALLARI, PARTLY ALLOWING THE PETITION
FILED UNDER SECTION 18 OF THE LA ACT.
MSA No. 100120 of 2019
and connected matters
IN M.S.A.No.100128/2019
BETWEEN:
1. THE SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE,
M.S. BUILDING, BENGALURU.
2. THE ASSISTANT COMMISSIONER CUM
LAND ACQUISITION OFFICER,
BALLARI.
3. THE EXECUTIVE ENGINEER
PWD, BALLARI.
...APPELLANTS
(BY SRI.SHIVAPRABHU S.HIREMATH, AGA)
AND:
P.NARAYANA REDDY
S/O KRISHNA REDDY,
MAJOR, OCC:AGRICULTURE,
R/O YERRAGUDI VILLAGE,
TQ: AND DIST:BALLARI.
...RESPONDENT
(BY SRI S.S.BETURMATH, ADV.)
THIS MSA IS FILED U/SEC. 54(2) (KARNATAKA
AMENDMENT) OF THE LAND ACQUISITION ACT, 1894,
PRAYING TO CALL FOR THE RECORDS IN LAC (APPEAL) NO.
4/2019 ON THE FILE OF THE II ADDITIONAL DISTRICT AND
SESSIONS JUDGE, BALLARI AND IN LAC NO. 152/2013 ON THE
FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, BALLARI
AND ETC.,
IN M.S.A.No.100129/2019
BETWEEN:
1. THE SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE,
M.S. BUILDING, BENGALURU.
- 10 -
MSA No. 100120 of 2019
and connected matters
2. THE ASSISTANT COMMISSIONER CUM
LAND ACQUISITION OFFICER,
BALLARI.
3. THE EXECUTIVE ENGINEER
PWD, BALLARI.
...APPELLANTS
(BY SRI.SHIVAPRABHU S.HIREMATH, AGA)
AND:
KARIBASAVANAGOUDA
S/O BASAVANAGOUDA,
AGE:58 YEARS,
OCC:AGRICULTURE,
R/O YERRAGUDI VILLAGE,
TQ: AND DIST:BALLARI.
...RESPONDENT
(SERVED)
THIS MSA IS FILED U/SEC. 54(2) (KARNATAKA
AMENDMENT) OF THE LAND ACQUISITION ACT, 1894,
AGAINST THE JUDGMENT AND DECREE DATED 28.02.2019
PASSED IN LAC No.05./2019 ON THE FILE OF THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI,
PARTLY ALLOWING THE APPEAL AND MODIFYING THE
JUDGMENT AND DECREE DATED 28.04.2015 PASSED IN LAC
No.127/2013 ON THE FILE OF THE I ADDITIONAL SENIOR
CIVIL JUDGE, BALLARI, PARTLY ALLOWING THE PETITION
FILED UNDER SECTION 18 OF THE LA ACT.
IN M.S.A.No.100130/2019
BETWEEN:
1. THE SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE,
M.S. BUILDING, BENGALURU.
2. THE ASSISTANT COMMISSIONER CUM
LAND ACQUISITION OFFICER,
BALLARI.
- 11 -
MSA No. 100120 of 2019
and connected matters
3. THE EXECUTIVE ENGINEER
PWD, BALLARI.
...APPELLANTS
(BY SRI.SHIVAPRABHU S.HIREMATH, AGA)
AND:
O.CHANDRA REDDY
S/O RAMA REDDY,
AGE:55 YEARS, OCC:AGRICULTURE,
R/O YERRAGUDI VILLAGE,
TQ: AND DIST;BALLARI.
...RESPONDENT
(BY SRI S.S.BETURMATH, ADV.)
THIS MSA IS FILED U/SEC. 54(2) (KARNATAKA
AMENDMENT) OF THE LAND ACQUISITION ACT, 1894,
AGAINST THE JUDGMENT AND DECREE DATED 28.02.2019
PASSED IN LAC No.06./2019 ON THE FILE OF THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI,
PARTLY ALLOWING THE APPEAL AND MODIFYING THE
JUDGMENT AND DECREE DATED 28.04.2015 PASSED IN LAC
No.142/2013 ON THE FILE OF THE I ADDITIONAL SENIOR
CIVIL JUDGE, BALLARI, PARTLY ALLOWING THE PETITION
FILED UNDER SECTION 18 OF THE LA ACT.
IN M.S.A.NO.100131/2019
BETWEEN:
1. THE SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE,
M.S. BUILDING, BENGALURU.
2. THE ASSISTANT COMMISSIONER CUM
LAND ACQUISITION OFFICER,
BALLARI.
- 12 -
MSA No. 100120 of 2019
and connected matters
3. THE EXECUTIVE ENGINEER
PWD, BALLARI.
...APPELLANTS
(BY SRI.SHIVAPRABHU S.HIREMATH, AGA)
AND:
SHANKAR REDDY
S/O P. POMPA REDDY,
AGE:59 YEARS, OCC:AGRICULTURE,
R/O YERRAGUDI VILLAGE,
TQ: AND DIST:BALLARI.
...RESPONDENT
(BY SRI S.S.BETURMATH, ADV.)
THIS MSA IS FILED U/SEC. 54(2) (KARNATAKA
AMENDMENT) OF THE LAND ACQUISITION ACT, 1894,
AGAINST THE JUDGMENT AND DECREE DATED 28.02.2019
PASSED IN LAC No.07/2019 ON THE FILE OF THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI,
DISMISSING THE JUDGMENT AND DECREE DATED 28.04.2015
PASSED IN LAC No.139/2013 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, PARTLY
ALLOWING THE PETITION FILED UNDER SECTION 4(1) OF THE
LA ACT.
IN M.S.A.NO.100132/2019
BETWEEN:
1. THE SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE,
M.S. BUILDING, BENGALURU.
2. THE ASSISTANT COMMISSIONER CUM
LAND ACQUISITION OFFICER,
BALLARI.
3. THE EXECUTIVE ENGINEER
PWD, BALLARI.
...APPELLANTS
(BY SRI.SHIVAPRABHU S.HIREMATH, AGA)
- 13 -
MSA No. 100120 of 2019
and connected matters
AND:
D. VENKATARAMA REDDY
S/O. SEETHARAMA REDDY,
AGE:52 YEARS, OCC:AGRICULTURE,
R/O YERRAGUDI VILLAGE,
TQ: AND DIST;BALLARI.
...RESPONDENT
(BY SRI ANIL KALE, ADV.)
THIS MSA IS FILED U/SEC. 54(2) (KARNATAKA
AMENDMENT) OF THE LAND ACQUISITION ACT, 1894,
AGAINST THE JUDGMENT AND DECREE DATED 28.02.2019
PASSED IN LAC No.08/2019 ON THE FILE OF THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI,
DISMISSING THE JUDGMENT AND DECREE DATED 28.04.2015
PASSED IN LAC No.136/2013 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, PARTLY
ALLOWING THE PETITION FILED UNDER SECTION 4(1) OF THE
LA ACT.
IN M.S.A.NO.100133/2019
BETWEEN:
1. THE SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE,
M.S. BUILDING, BENGALURU.
2. THE ASSISTANT COMMISSIONER CUM
LAND ACQUISITION OFFICER,
BALLARI.
3. THE EXECUTIVE ENGINEER
PWD, BALLARI.
...APPELLANTS
(BY SRI.SHIVAPRABHU S.HIREMATH, AGA)
AND:
A. BASI REDDY
S/O. GURU BHEEMA REDDY
- 14 -
MSA No. 100120 of 2019
and connected matters
AGE:66 YEARS, OCC:AGRICULTURE,
R/O YERRAGUDI VILLAGE,
TQ: AND DIST;BALLARI.
...RESPONDENT
(SERVED)
THIS MSA IS FILED U/SEC. 54(2) (KARNATAKA
AMENDMENT) OF THE LAND ACQUISITION ACT, 1894,
AGAINST THE JUDGMENT AND DECREE DATED 28.02.2019
PASSED IN LAC No.09/2019 ON THE FILE OF THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI,
DISMISSING THE JUDGMENT AND DECREE DATED 28.04.2015
PASSED IN LAC No.133/2013, ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, PARTLY
ALLOWING THE PETITION FILED UNDER SECTION 18 OF THE
LA ACT.
IN M.S.A.NO.100134/2019
BETWEEN:
1. THE SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE,
M.S. BUILDING, BENGALURU.
2. THE ASSISTANT COMMISSIONER CUM
LAND ACQUISITION OFFICER,
BALLARI.
3. THE EXECUTIVE ENGINEER
PWD, BALLARI.
...APPELLANTS
(BY SRI.SHIVAPRABHU S.HIREMATH, AGA)
AND:
GANGAMMA REDDY
W/O. POMPA REDDY,
AGE:69 YEARS, OCC:AGRICULTURE,
R/O YERRAGUDI VILLAGE,
TQ: AND DIST;BALLARI.
...RESPONDENT
(BY SRI S.S. BETURMATH, ADV.)
- 15 -
MSA No. 100120 of 2019
and connected matters
THIS MSA IS FILED U/SEC. 54(2) (KARNATAKA
AMENDMENT) OF THE LAND ACQUISITION ACT, 1894,
PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED
28.02.2019 PASSED IN LAC (APPEAL) No.10/2019 PASSED BY
THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI
AND SUBSEQUENTLY SET ASIDE THE AWARD PASSED IN LAC
No.126/2013 DATED 28.04.2015 PASSED BY THE I
ADDITIONAL SENIOR CIVIL JUDGE, BALLARI IN THE INTEREST
OF JUSTICE AND EQUITY.
IN M.S.A.NO.100135/2019
BETWEEN:
1. THE SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE,
M.S. BUILDING, BENGALURU.
2. THE ASSISTANT COMMISSIONER CUM
LAND ACQUISITION OFFICER,
BALLARI.
3. THE EXECUTIVE ENGINEER
PWD, BALLARI.
...APPELLANTS
(BY SRI.SHIVAPRABHU S.HIREMATH, AGA)
AND:
RUDRA REDDY
W/O. VEERA REDDY
AGE:65 YEARS, OCC:AGRICULTURE,
R/O YERRAGUDI VILLAGE,
TQ: AND DIST;BALLARI.
...RESPONDENT
(BY SRI S.S. BETURMATH, ADV.)
THIS MSA IS FILED U/SEC. 54(2) (KARNATAKA
AMENDMENT) OF THE LAND ACQUISITION ACT, 1894,
AGAINST THE JUDGMENT AND DECREE DATED 28.02.2019
PASSED IN LAC No.11/2019 ON THE FILE OF THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI,
- 16 -
MSA No. 100120 of 2019
and connected matters
DISMISSING THE JUDGMENT AND DECREE DATED 28.04.2015
PASSED IN LAC No.130/2013 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, PARTLY
ALLOWING THE PETITION FILED UNDER SECTION 18 OF THE
LA ACT.
IN M.S.A.NO.100136/2019
BETWEEN:
1. THE SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE,
M.S. BUILDING, BENGALURU.
2. THE ASSISTANT COMMISSIONER CUM
LAND ACQUISITION OFFICER,
BALLARI.
3. THE EXECUTIVE ENGINEER
PWD, BALLARI.
...APPELLANTS
(BY SRI.SHIVAPRABHU S.HIREMATH, AGA)
AND:
YERRAGUDI SANNA SHANKARA,
AGE:45 YEARS, OCC:AGRICULTURE,
R/O YERRAGUDI VILLAGE,
TQ: AND DIST;BALLARI.
...RESPONDENT
(BY SRI S.S. BETURMATH, ADV.)
THIS MSA IS FILED U/SEC. 54(2) (KARNATAKA
AMENDMENT) OF THE LAND ACQUISITION ACT, 1894,
AGAINST THE JUDGMENT AND DECREE DATED 28.02.2019
PASSED IN LAC No.12/2019 ON THE FILE OF THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI,
DISMISSING THE JUDGMENT AND DECREE DATED 28.04.2015
PASSED IN LAC No.141/2013 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, PARTLY
ALLOWING THE PETITION FILED UNDER SECTION 18 OF THE
LA ACT.
- 17 -
MSA No. 100120 of 2019
and connected matters
IN M.S.A.NO.100137/2019
BETWEEN:
1. THE SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE,
M.S. BUILDING, BENGALURU.
2. THE ASSISTANT COMMISSIONER CUM
LAND ACQUISITION OFFICER,
BALLARI.
3. THE EXECUTIVE ENGINEER
PWD, BALLARI.
...APPELLANTS
(BY SRI.SHIVAPRABHU S.HIREMATH, AGA)
AND:
D. PRATAP REDDY
S/O. NEELAKANTHAPPA,
AGE:42 YEARS, OCC:AGRICULTURE,
R/O YERRAGUDI VILLAGE,
TQ: AND DIST;BALLARI.
...RESPONDENT
(BY SRI ANIL KALE, ADV.)
THIS MSA IS FILED U/SEC. 54(2) (KARNATAKA
AMENDMENT) OF THE LAND ACQUISITION ACT, 1894,
PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED
28.02.2019 PASSED IN LAC (APPEAL) No.13/2019 PASSED BY
THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI
AND SUBSEQUENTLY SET ASIDE THE AWARD PASSED IN LAC
No.131/2013 DATED 28.04.2015 PASSED BY THE I
ADDITIONAL SENIOR CIVIL JUDGE, BALLARI IN THE INTEREST
OF JUSTICE AND EQUITY.
IN M.S.A.NO.100138/2019
BETWEEN:
1. THE SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE,
- 18 -
MSA No. 100120 of 2019
and connected matters
M.S. BUILDING
BENGALURU.
2. THE ASSISTANT COMMISSIONER CUM
LAND ACQUISITION OFFICER,
BALLARI.
3. THE EXECUTIVE ENGINEER
PWD, BALLARI.
...APPELLANTS
(BY SRI.SHIVAPRABHU S.HIREMATH, AGA)
AND:
GURU REDDY
AGE:52 YEARS, OCC:AGRICULTURE,
R/O YERRAGUDI VILLAGE,
TQ: AND DIST;BALLARI.
...RESPONDENT
(BY SRI S.S. BETURMATH, ADV.)
THIS MSA IS FILED U/SEC. 54(2) (KARNATAKA
AMENDMENT) OF THE LAND ACQUISITION ACT, 1894,
AGAINST THE JUDGMENT AND DECREE DATED 28.02.2019
PASSED IN LAC No.14/2019 ON THE FILE OF THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI,
DISMISSING THE JUDGMENT AND DECREE DATED 28.04.2015
PASSED IN LAC No.134/2013 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, PARTLY
ALLOWING THE PETITION FILED UNDER SECTION 18 OF THE
LA ACT.
IN M.S.A.NO.100139/2019
BETWEEN:
1. THE SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE,
M.S. BUILDING, BENGALURU.
2. THE ASSISTANT COMMISSIONER CUM
LAND ACQUISITION OFFICER,
BALLARI.
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MSA No. 100120 of 2019
and connected matters
3. THE EXECUTIVE ENGINEER
PWD, BALLARI.
...APPELLANTS
(BY SRI.SHIVAPRABHU S.HIREMATH, AGA)
AND:
RUDRA REDDY
S/O. VEERA REDDY,
AGE:65 YEARS, OCC:AGRICULTURE,
R/O YERRAGUDI VILLAGE,
TQ: AND DIST;BALLARI.
...RESPONDENT
(BY SRI S.S. BETURMATH, ADV.)
THIS MSA IS FILED U/SEC. 54(2) (KARNATAKA
AMENDMENT) OF THE LAND ACQUISITION ACT, 1894,
AGAINST THE JUDGMENT AND DECREE DATED 28.02.2019
PASSED IN LAC No.15/2019 ON THE FILE OF THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI,
DISMISSING THE JUDGMENT AND DECREE DATED 28.04.2015
PASSED IN LAC No.129/2013 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, PARTLY
ALLOWING THE PETITION FILED UNDER SECTION 18 OF THE
LA ACT.
IN M.S.A.NO.100140/2019
BETWEEN:
1. THE SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE,
M.S. BUILDING, BENGALURU.
2. THE ASSISTANT COMMISSIONER CUM
LAND ACQUISITION OFFICER,
BALLARI.
3. THE EXECUTIVE ENGINEER
PWD, BALLARI.
...APPELLANTS
(BY SRI.SHIVAPRABHU S.HIREMATH, AGA)
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MSA No. 100120 of 2019
and connected matters
AND:
HAMPA REDDY
S/O. NARASIMHA REDDY
AGE:56 YEARS, OCC:AGRICULTURE,
R/O YERRAGUDI VILLAGE,
TQ: AND DIST;BALLARI.
...RESPONDENT
(BY SRI ANIL KALE, ADV.)
THIS MSA IS FILED U/SEC. 54(2) (KARNATAKA
AMENDMENT) OF THE LAND ACQUISITION ACT, 1894,
AGAINST THE JUDGMENT AND DECREE DATED 28.02.2019
PASSED IN LAC No.16/2019 ON THE FILE OF THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI,
DISMISSING AS NOT MAINTAINABLE AND JUDGMENT AND
DECREE DATED 28.04.2015 PASSED IN LAC No.137/2013 ON
THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE,
BALLARI, PARTLY ALLOWING THE PETITION FILED UNDER
SECTION 18 OF THE LA ACT.
IN M.S.A.NO.100141/2019
BETWEEN:
1. THE SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE,
M.S. BUILDING, BENGALURU.
2. THE ASSISTANT COMMISSIONER CUM
LAND ACQUISITION OFFICER,
BALLARI.
3. THE EXECUTIVE ENGINEER
PWD, BALLARI.
...APPELLANTS
(BY SRI.SHIVAPRABHU S.HIREMATH, AGA)
AND:
B. BASI REDDY
S/O. RUDRA GOUDA,
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MSA No. 100120 of 2019
and connected matters
AGE:62 YEARS, OCC:AGRICULTURE,
R/O YERRAGUDI VILLAGE,
TQ: AND DIST;BALLARI.
...RESPONDENT
(BY SRI S.S. BETURMATH, ADV.)
THIS MSA IS FILED U/SEC. 54(2) (KARNATAKA
AMENDMENT) OF THE LAND ACQUISITION ACT, 1894,
PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED
28.02.2019 PASSED IN LAC (APPEAL) No.17/2019 PASSED BY
THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI
AND SUBSEQUENTLY SET ASIDE THE AWARD PASSED IN LAC
No.155/2013 DATED 28.04.2015 PASSED BY THE I
ADDITIONAL SENIOR CIVIL JUDGE, BALLARI IN THE INTEREST
OF JUSTICE AND EQUITY.
THESE APPEALS COMING ON FOR ADMISSION THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This Court, vide order dated 17.06.2022, ordered to
connect all these appeals together and hence, they are
taken up together and disposed of by this common
judgment.
2. These miscellaneous second appeals are filed
challenging the order passed in L.A.C. Appeal No.66/2018
and connected matters by the Appellate Court in coming to
the conclusion that the appeals are not maintainable, in
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MSA No. 100120 of 2019
and connected matters
view of the fact that the claimants' appeals are already
disposed of on merits.
3. The Appellate Court, while answering point
No.1, comes to the conclusion that the appellants feeling
aggrieved by the judgment and award passed by the I
Additional Senior Civil Judge, have preferred miscellaneous
first appeal before the High Court in
M.F.A.No.101989/2017 and other connected matters and
an order has been passed regarding maintainability of the
appeals and arrived at the conclusion that, no appeal lies
before the Court. But, on the other hand, it is observed
that the appeal shall be filed before the District Court.
Therefore, the appeals are ordered to be returned to the
learned Government Pleader for presenting the same
before the Court having jurisdiction and appeals are filed
before the Appellate Court. Having considered the
material available on record, the Appellate Court taken
note of the appeals filed by the claimants and those
appeals are also disposed of on 01.04.2016 and the
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MSA No. 100120 of 2019
and connected matters
appellants herein, ought to have challenged the said
judgment and award passed by the Appellate Court and
they have not challenged the same. Therefore, considering
the aforesaid facts, the Appellate Court held that, it is
crystal clear that the present L.A.C. appeals filed by the
Government is not maintainable and the same is devoid of
merits and comes to the conclusion that there is no legal
force and justification in the arguments canvassed by the
learned Advocate appearing on behalf of appellants and
also comes to the conclusion that the appeals are not
maintainable, when the matters have already been
decided by the Court and the said order has not been
challenged. Hence, the Appellate Court comes to the
conclusion that the appeals are not maintainable and the
same is devoid of merits. Therefore, the present
miscellaneous second appeals are filed before the Court.
4. Learned Additional Government Advocate
appearing for the appellants would submit that, against
the matters which have been disposed of in the year 2016,
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MSA No. 100120 of 2019
and connected matters
Government Order is still awaited to file the appeal and
contend that the very order passed by the Appellate Court
that the appeals are not maintainable is erroneous. On
perusal of the impugned orders, which is questioned in
these miscellaneous second appeals, it is very clear that,
no doubt, earlier, the State has moved the matter before
this Court in M.F.A.No.101989/2017 and other connected
matters and directed to approach the District Court and in
view of withdrawing the appeal and presenting the same,
the Appellate Court held that already appeals are disposed
of two years earlier to the filing of the appeals by the
State. Hence, the Appellate Court comes to the conclusion
that the appeals are not maintainable, when it has reached
its finality in the year 2016 itself and the State has also
participated in the said appeal filed by the claimants and
contested the matter and kept quiet. The present
impugned orders are passed on 28.02.2019 and when the
Appellate Court having jurisdiction to consider the
claimants' appeals has considered the matters on merits
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MSA No. 100120 of 2019
and connected matters
and held that the appeals are not maintainable and the
said order has not been challenged till date, the question
of keeping the miscellaneous second appeals pending does
not arise.
5. The very contention of the learned counsel for
the appellants-State is that they are awaiting Government
Order from the Government to file the appeal and the
same will be filed before the Court, that too, after six
years. When the matters are disposed of on 01.04.2016
itself, the question of keeping these miscellaneous second
appeals pending does not arise and only miscellaneous
first appeals are maintainable and that too, against the
order dated 01.04.2016 and not the miscellaneous second
appeals and it is left to the State to take a decision in this
regard since, they are having the knowledge of the
disposal of the claimants' appeal since, the State
contested those appeals which were dismissed on
01.04.2016 itself.
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MSA No. 100120 of 2019
and connected matters
Accordingly, the miscellaneous second appeals are
disposed of as not maintainable.
(Sd/-)
JUDGE
ST
