Karnataka High Court
Karnataka Neeravari Nigam Ltd vs The Special Land Acquisition ... on 30 August, 2023
Bench: S.R. Krishna Kumar, G Basavaraja
-1-
NC: 2023:KHC-D:9713-DB
WA No. 100286 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 30TH DAY OF AUGUST, 2023
PRESENT
THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
WRIT APPEAL NO. 100286 OF 2023 (LA-RES)
BETWEEN:
1. KARNATAKA NEERAVARI NIGAM LTD.,
REPRESENTED BY ITS MANAGING DIRECTOR,
VIJAYA COMPLEX, HALIYAL ROAD,
DHARWAD, DIST: DHARWAD-580003.
2. KARNTAKA NEERAVARI NIGAM LTD.,
REPRESENTED BY ITS EXECUTIVE ENGINEER ,
MLBCC DIVISION NO.2, NAVILUTEERTH,
DIST: BELAGAVI-591116.
...APPELLANTS
(BY SRI. K.S.PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
MALAPRABHA PROJECT -III, BAGALKOTE,
DIST: BAGALKOTE-587101.
JAGADISH T R
HIGH COURT 2. CHANNABASAPPA CHACHADI,
OF
KARNATAKA AGE: 55 YEARS, OCC: AGRICULTURE,
2023.09.01
12:03:32 R/O MUGABASAV, TQ: BAILHONGAL,
+0530
DIST: BELAGAVI-591102.
3. GANGADHAR DODDAWAD
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O MUGABASAV, TQ: BAILHONGAL,
DIST: BELAGAVI-591102.
4. SHIVAPPA SIDDAPPA NARAGUND,
AGE: 53 YEARS, OCC: AGRICULTURE,
R/O MUGABASAV, TQ: BAILHONGAL,
DIST: BELAGAVI-591102.
5. PARVATEVVA AYYAPPA KUDARI
AGE: 49 YEARS, OCC: AGRICULTURE,
-2-
NC: 2023:KHC-D:9713-DB
WA No. 100286 of 2023
R/O MUGABASAV, TQ: BAILHONGAL,
DIST: BELAGAVI-591102.
6. RUDRAPPA GANGAPPA KALLAYANI @ MAJJAGI.
AGE: 73 YEARS, OCC: AGRICULTURE,
R/O MUGABASAV, TQ: BAILHONGAL,
DIST: BELAGAVI-591102.
7. NAGAPPA BALAPPA MUBNR
AGE: 69 YEARS, OCC: AGRICULTURE,
R/O: MUGABASAV, TQ: BAILHONGAL,
DIST: BELAGAVI-591102.
8. GANGPPA SANGAPPA LINGADALLI
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O MUGABASAV, TQ: BAILHONGAL,
DIST: BELAGAVI-591102.
9. GANGAPPA SANGAPPPA LINGADALLI
AGE: 46 YEARS, OCC: AGRICULTURE,
R/O MUGABASAV, TQ: BAILHONGAL,
DIST: BELAGAVI-591102.
10. BASAVENAPPA BASAPPA NESARGI
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O MUGABASAV, TQ: BAILHONGAL,
DIST: BELAGAVI-591102.
11. DHULAPPA ADIVEPPA ITAGI
AGE : 58 YEARS, OCC: AGRICULTURE,
R/O MUGABASAV, TQ BAILHONGAL,
DIST: BELAGAVI-591102.
12. IRAPPA BASAPPA PANTED,
AGE: 43 YEARS, OCC: AGRICULTURE,
R/O MUGABASAV, TQ: BAILHONGAL,
DIST: BELAGAVI-591102.
13. VEERUPAXI AYYAPPA PATTAR,
AGE 36 YEARS, OCC AGRICULTURE,
R/O MUGABASAV, TQ BAILHONGAL,
DIST BELAGAVI-591102.
14. TAYAVVA MAHARUDARAPPA ABBAL,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O MUGABASAV, TQ: BAILHONGAL,
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NC: 2023:KHC-D:9713-DB
WA No. 100286 of 2023
DIST: BELAGAVI-591102.
...RESPONDENTS
(BY SRI.G.K.HIREGOUDAR, GOVT. ADVOCATE FOR R1;
R8 AND R9 DECEASED)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING THIS HON'BLE COURT TO, SET-ASIDE
THE JUDGMENT FOR THE LEARNED SINGLE JUDGE DATED
13.12.2021 PASSED IN WRIT PETITION NO.116122/2019 (LA-RES)
IN SO FAR AS DIRECTING APPELLANTS/PETITIONERS/KNNL TO
DEPOSIT THE AMOUNTS AS DETERMINED BY THE LAND
ACQUISITION OFFICER UNDER THE IMPUNGED AWARDS BEFORE
THIS COURT WITHIN A PERIOD OF 4 WEEKS.
THIS WRIT APPEAL COMING ON FOR ORDERES, THIS DAY,
S.R.KRISHNA KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT
This intra-Court appeal is directed against the
impugned order dated 13.12.2021 passed in WP
No.116122/2019, wherein the said petition filed by the
appellants/writ petitioners was disposed off by the learned
Single Judge.
2. In the impugned order, in addition to rejecting
the claim of the appellants/writ petitioners, learned Single
Judge further directed the appellants/writ petitioners to
deposit the amount as determined by the LAO under the
impugned awards before this Court within a period of four
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WA No. 100286 of 2023
weeks from the date of the impugned order, which was
passed on 13.12.2021.
3. Heard the learned counsel for the appellants;
learned Government Advocate for respondent No.1/State
and perused the material on record.
4. A perusal of the impugned order will indicate
that the learned Single Judge has carefully
considered/appreciated the entire material on record and
has come to a conclusion that the various contentions
urged by the appellants/writ petitioners are devoid of
merits and same are liable to be rejected.
5. Upon re-appreciation, re-evaluation and
reconsideration of the entire material on record, we are of
the considered opinion that the impugned order passed by
the learned Single Judge does not suffer from any illegality
or infirmity warranting interference by this Court in this
appeal.
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WA No. 100286 of 2023
6. At this stage, learned counsel for the
appellants/writ petitioners submits that due to bonafide
reasons, unavoidable circumstances and sufficient cause,
the appellants/writ petitioners could not comply with the
directions issued by the learned Single Judge in the
impugned order and could not deposit the amount as
directed till today. It is submitted that if reasonable time
is granted, the appellants/writ petitioners would deposit
the amount as directed by the learned Single Judge in the
impugned order.
7. In view of the aforesaid facts and circumstances
of the case and submission made by the learned counsel
for the appellants with regard to inability and omission to
comply with the directions issued by the learned Single
Judge to deposit the money within the time stipulated in
the impugned order, we deem it just and appropriate to
direct the appellants/writ petitioners to comply with the
directions issued by the learned Single Judge in the
impugned order and deposit the amount on or before
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WA No. 100286 of 2023
01.12.2023. It is made clear that no further extension of
time will be granted under any circumstances whatsoever.
It is further directed that immediately upon such deposit
being made by the appellants/writ petitioners,
respondents/claimants shall be entitled to withdraw the
said deposited amount.
8. Subject to the aforesaid directions, present
intra-Court appeal stands disposed off without interfering
with the impugned order.
Pending applications, if any, do not survive for
consideration and accordingly, they are disposed off.
Sd
JUDGE
Sd
JUDGE
JTR
