The Executive Engineer vs The Special Land Acquisition Officer ...
2023 Latest Caselaw 10736 Kant

Karnataka High Court

The Executive Engineer vs The Special Land Acquisition Officer ... on 15 December, 2023

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                                                    NC: 2023:KHC-K:9249
                                                      MSA No. 200083 of 2019




                              IN THE HIGH COURT OF KARNATAKA
                                     KALABURAGI BENCH

                          DATED THIS THE 15TH DAY OF DECEMBER, 2023

                                           BEFORE

                              THE HON'BLE MRS JUSTICE M G UMA

                        MISCL SECOND APPEAL NO. 200083 OF 2019 (LAC)

                   BETWEEN:

                   THE EXECUTIVE ENGINEER
                   KNNL, BNT DIVISION-4, HEBBAL
                   DISTRICT: KALABURAGI-585102.
                                                                 ...APPELLANT

                   (BY SRI SANJEEVKUMAR C. PATIL, ADVOCATE)

                   AND:

                   1.   THE STATE THROUGH
                        SPECIAL LAND ACQUISITION OFFICER,
                        M & MIP, KALABURAGI-585101.

Digitally signed   2.   THE DEPUTY COMMISSIONER
by SHILPA R             MINI VIDHAN SOUDHA KALABURAGI-585102.
TENIHALLI
Location: HIGH
COURT OF           3.   GUDUSAB BY LR'S.
KARNATAKA               GORIBEE W/O LATE GUDUSAB
                        AGE: 78 YRS, OCC: HOUSEHOLD

                   4.   NADIMA W/O MOHAMMEDSAB
                        AGE: 88 YRS, OCC: HOUSEHOLD
                        BOTH ARE R/O: NAGOOR,
                        TQ & DIST: KALABURAGI-585101.

                                                              ...RESPONDENTS

                          THIS MSA IS FILED U/S 54 (2) OF LAND ACQUISITION
                   ACT,    PRAYING TO CALL FOR THE RECORDS IN LACA
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                                           NC: 2023:KHC-K:9249
                                             MSA No. 200083 of 2019




NO.17/2016 DATED: 02.03.2016 ON THE FILE OF LEARNED IV
ADDL. DISTRICT AND SESSIONS JUDGE AT KALABURAGI.
ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND
AWARD PASSED BY THE LEARNED I ADDL. DISTRICT AND
SESSIONS JUDGE AT KALABURAGI LACA NO.17/2016 DATED:
02.03.2016.

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

                             JUDGMENT

Learned counsel for the appellant is absent. No

representation even though the matter is passed over twice.

The appeal is of the year 2019. The matter is listed for tenth

time for compliance of office objections. The order sheet dated

05.12.2023 reads as under:

"The appeal is of the year 2019 which is listed for the ninth time for compliance of office objections.

Learned counsel for the appellant submits that he has already complied with other office objections except the objection regarding payment of deficit Court fee and filing of corrected valuation slip. Hence, he prays for ten days time to comply with the said objections.

Sufficient time is already granted to the appellant to comply with the office objections. I do not find any reason to adjourn the matter. However, to afford final opportunity, list as per the

NC: 2023:KHC-K:9249

convenience of the learned counsel for the appellant on 15.12.2023."

In spite of that, there is no representation nor there is

compliance of office objections. The appellant is not interested

in prosecuting the appeal. Hence, the appeal is dismissed.

Sd/-

JUDGE

SRT CT-VD