The Executive Engineer vs The Special Land And Ors
2023 Latest Caselaw 10428 Kant

Karnataka High Court

The Executive Engineer vs The Special Land And Ors on 13 December, 2023

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                                                      NC: 2023:KHC-K:9205
                                                      MSA No. 200004 of 2020




                              IN THE HIGH COURT OF KARNATAKA
                                     KALABURAGI BENCH

                         DATED THIS THE 13TH DAY OF DECEMBER, 2023

                                           BEFORE

                             THE HON'BLE MRS JUSTICE M G UMA

                        MISCL SECOND APPEAL NO. 200004 OF 2020 (LA)

                   BETWEEN:

                   THE EXECUTIVE ENGINEER
                   KNNL ID IPC DIVISION NO.1,
                   KALABURAGI-585102.

                                                                 ...APPELLANT

                   (BY SRI SANJEEVKUMAR C. PATIL, ADVOCATE)

                   AND:

                   1.   THE SPECIAL LAND ACQUISITION OFFICER,
                        M & MIP KALABURAGI-585102.

                   2.   THE DEPUTY COMMISSIONER
Digitally signed
by SHILPA R             KALABURAGI-585102.
TENIHALLI
Location: HIGH     3.   BHAGIRATHI W/O PARAMESHWAR
COURT OF
KARNATAKA               AGE: 72 YEARS OCC: AGRICULTURE

                   4.   VIJAYKUMAR S/O PARAMESHWAR
                        AGE: 53 YEARS OCC: AGRICULTURE
                        BOTH R3 & R4 ARE
                        R/O: ARJAMBAGA VILLAGE-585312
                        TQ: CHITTAPUR, DIST: KALABURAGI.
                                                              ...RESPONDENTS

                        THIS MISCELLANEOUS SECOND APPEAL IS FILED U/S
                   54(2) OF LAND ACQUISITION ACT, PRAYING TO CALL FOR THE
                   RECORDS IN LACA NO. 332/2016 DATED 22.03.2017 ON THE
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                                             NC: 2023:KHC-K:9205
                                             MSA No. 200004 of 2020




FILE OF LEARNED III ADDL. DISTRICT JUDGE AT KALABURAG
ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND
AWARD PASSED BY THE LEARNED III ADLL. DISTRICT JUDGE
AT KALABURAGI IN LACA NO.332/2016 DATED: 22.03.2017.

    THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                              JUDGMENT

Learned counsel for the appellant submits that he has

filed vakalath on behalf of the appellant today in the office.

Again he prays for time to pay the deficit Court fee.

2. The order sheet dated 09.11.2023 reads as under:

"Learned counsel Sri Sanjeev Kumar C. Patil submits that learned counsel Sri Gourish S. Khashampur is not representing the appellant and he undertakes to file vakalath on behalf of the appellant.

Submission is placed on record.

Office is directed to delete the name of learned counsel Sri Gourish S. Khashampur and show the name of learned counsel Sri Sanjeev Kumar C. Patil in the cause list.

Learned counsel for the appellant prays for time to comply with the office objections.

The matter is listed for seventh time for compliance of office objections. The matter is of the

NC: 2023:KHC-K:9205

year 2019. I do not find any reason to adjourn the matter. However, to afford final opportunity, list on 13.12.2023."

3. In spite of that, the appellant has not made

arrangement for payment of deficit Court fees. The appeal is of

the year 2020. The matter is listed on multiple times for

compliance of office objections. I do not find any reason to

adjourn the matter. The appellant is not interested in

prosecuting the appeal. Hence, the appeal is dismissed.

Sd/-

JUDGE

SRT CT-VD