The Manager vs Chandrahas Gangadhar Shet
2023 Latest Caselaw 10937 Kant

Karnataka High Court

The Manager vs Chandrahas Gangadhar Shet on 18 December, 2023

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                                 -1-
                                                       NC: 2023:KHC-D:14814
                                                          MFA No. 105028 of 2019




                                 IN THE HIGH COURT OF KARNATAKA
                                         DHARWAD BENCH

                            DATED THIS THE 18TH DAY OF DECEMBER, 2023

                                               BEFORE

                        THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

                        MISCELLANEOUS FIRST APPEAL NO.105028/2019 (LAC)


                   BETWEEN:

                   A.P.M.C. SIDDAPUR,
                   DIST: NORTH KANARA,
                   REPRESENTED BY ITS SECRETARY.
                                                                      ...APPELLANT
                   (BY SRI VISHWANATH HEGDE, ADVOCATE)

                   AND:

                   1.    CHANDRAHAS GANGADHAR SHET,
                         AGED: MAJOR, OCC: NOT KNOWN,
                         R/O: APMC ROAD, SIDDAPUR,
                         TQ: SIDDAPUR (U.K.) - 581 329.

                   2.    THE SPECIAL LAND ACQUISITION OFFICER,
                         SIRSI - 581 401, DIST: UTTARA KANNADA.
Digitally signed
by SUJATA                                                         ...RESPONDENTS
SUBHASH
PAMMAR

                         THIS MISCELLANEOUS FIRST APPEAL IS FILED U/SEC. 54(1)
                   OF LAND ACQUISITION ACT, 1894, PRAYING TO SET ASIDE THE
                   JUDGMENT AND AWARD DATED 28.02.2019 PASSED BY THE
                   LEARNED PRL. SENIOR CIVIL JUDGE AND PRL. JMFC, SRISI,
                   ITINERARY COURT AT SIDDAPUR, IN LAC NO.11/2012, BY
                   ALLOWING THIS APPEAL AND ETC.,

                        THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT
                   PASSED THE FOLLOWING:
                                 -2-
                                      NC: 2023:KHC-D:14814
                                        MFA No. 105028 of 2019




                          ORDER

The subject matter of the appeal is only 00.03 annas

of land. The reference Court determined its market value

at Rs.45,936/-.

2. The beneficiary being aggrieved by the

determining of Rs.15,312/- per anna as it is on higher

side, filed the appeal. Therefore, the appeal being valued

at Rs.56,219/-, is not maintainable in this Court. Therefore

office objection is sustained and thus the appeal is

dismissed as not maintainable.

3. However, liberty is reserved to the appellant to

file appeal before the District Court. Whatever time spent

in prosecuting this appeal is excluded as per section 14 of

the Limitation Act.

4. Registry to refund the entire Court fee paid in

this appeal, to the appellant.

5. The certified copies produced along with the

memorandum of appeal shall be returned to the appellant

NC: 2023:KHC-D:14814

by keeping a copy of the same in this appeal at the cost of

appellant.

SD/-

JUDGE

MRK

CT-ASC