Karnataka Neeravari Nigam Ltd vs The Special Land Aquisition ...
2023 Latest Caselaw 6102 Kant

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                                                      NC: 2023:KHC-D:9705-DB
                                                     WA No. 100240 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. 100240 OF 2023 (LA-RES)
               BETWEEN:
               KARNATAKA NEERAVARI NIGAM LTD.,
               REPRESENTED BY ITS MANAGING DIRECTOR,
               MLBCC DIV., NO.2, NAVILUTEERTH,
               TQ: SAUNDATTI, DIST: BELAGAVI-591116.
                                                                ...APPELLANT
               (BY SRI.K.S.PATIL, ADVOCATE)
               AND:
               1.   THE SPECIAL LAND AQUISITION OFFICER
                    MALAPRABHA PROJECT -II, SAUNDATTI,
                    HINDI PRACHAR SABHA, U.B.HILLS,
                    DHARAWAD, PRESENTLY AT GADDINAKERI,
                    BAGALKOTE, DIST: BAGALKOT-587102.

               2.   SOMAPPA BASAPPA MENASINKAYI
                    AGE: MAJOR, OCC: AGRICULTURE,
                    R/O: KENGANUR, TQ: BAILHONGAL,
JAGADISH T R
HIGH COURT
                    DIST: BELAGAVI-591101.
OF
KARNATAKA
2023.09.01
11:59:32       3.   GURUSHANT CHAMBANNA PATIL
+0530
                    AGE: MAJOR, OCC: AGRICULTURE,
                    R/O: KENGANUR, TQ: BAILHONGAL,
                    DIST: BELAGAVI-591101.

               4.   SIDDAPPA IRAPPPA BEVINAKOPPA
                    AGE: MAJOR, OCC: AGRICULTURE,
                    R/O: KENGANUR, TQ: BAILHONGAL,
                    DIST: BELAGAVI-591101.

               5.   SURESH BABU PATIL
                    AGE: MAJOR, OCC: AGRICULTURE,
                    R/O: KENGANUR, TQ: BAILHONGAL,
                    DIST: BELAGAVI-591101.
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                                          NC: 2023:KHC-D:9705-DB
                                         WA No. 100240 of 2023




6.   SHANKREPPA YALLAPPA PATIL
     AGE: MAJOR, OCC: AGRICULTURE,
     R/O: KENGANUR, TQ: BAILHONGAL,
     DIST: BELAGAVI-591101.

7.   DIWARSAAB PAKRUSAAB TALLUR
     AGE: MAJOR, OCC: AGRICULTURE,
     R/O: KENGANUR, TQ: BAILHONGAL,
     DIST: BELAGAVI-591101.

8.   NAGAPPA BASAVENNEPPA GANAGI
     AGE: MAJOR, OCC: AGRICULTURE,
     R/O: KENGANUR, TQ: BAILHONGAL,
     DIST: BELAGAVI-591101.
                                            ...RESPONDENTS
(BY SRI.G.K.HIREGOUDAR, GOVT.ADVOCATE FOR R1;
   SRI.LAXMAN T.MANTAGANI, ADVOCATE FOR R2, R5 AND R8)
      THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING TO SET-ASIDE THE ORDER PASSED BY
LEARNED SINGLE JUDGE DATED 13.12.2021 IN WP NO.116112/2019
(LA-RES)      IN      SO       FAR      AS       DIRECTING
APPELLANTS/PETITIONERS/KNNL   TO   DEPOSIT   AMOUNTS    AS
DETERMINED BY LAND ACQUISITION OFFICER UNDER IMPUGNED
AWARDS BEFORE THIS COURT WITHIN A PERIOD OF 4 WEEKS.

     THIS WRIT APPEAL COMING ON FOR ORDERS, 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.116112/2019, wherein the said petition filed by the

appellants/writ petitioners was disposed off by the learned

Single Judge.

NC: 2023:KHC-D:9705-DB WA No. 100240 of 2023

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

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 as

well as learned counsel for respondents No.2, 5 and 8 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

NC: 2023:KHC-D:9705-DB WA No. 100240 of 2023

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.

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

NC: 2023:KHC-D:9705-DB WA No. 100240 of 2023

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 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