Sadashiv And Ors vs The Special Land Acquisition Officer
2023 Latest Caselaw 11060 Kant

Karnataka High Court

Sadashiv And Ors vs The Special Land Acquisition Officer on 19 December, 2023

Author: R.Devdas

Bench: R.Devdas

                                               -1-
                                                 NC: 2023:KHC-K:9290-DB
                                                      MFA No. 200372 of 2023




                                IN THE HIGH COURT OF KARNATAKA,

                                       KALABURAGI BENCH

                           DATED THIS THE 19TH DAY OF DECEMBER, 2023

                                            PRESENT

                                THE HON'BLE MR. JUSTICE R.DEVDAS
                                               AND
                                THE HON'BLE MR. JUSTICE C M JOSHI

                           MISCL. FIRST APPEAL NO. 200372 OF 2023 (LAC)

                      BETWEEN:

                      1.   SADASHIV
                           S/O MADIWALAPPA SASNUR,
                           AGE: 65 YEARS,
                           OCC: AGRICULTURE,
                           R/O SOMANAL VILLAGE,
                           TQ.B.BAGEWADI,
                           DIST: VIJAYAPURA.

                      2.   SHARANAGOUDA
                           S/O SADASHIVAPPA SASNUR
Digitally signed by
                           AGE:43 YEARS,
SOMANATH
PENTAPPA MITTE
                           OCC: AGRICULTURE,
Location: HIGH             R/O SOMANAL VILLAGE,
COURT OF
KARNATAKA                  TQ:B.BAGEWADI,
                           DIST: VIJAYAPURA.

                      3.   BAPUGOUDA
                           S/O SADASHIVAPPA SASNUR
                           AGE:41 YEARS,
                           OCC: AGRICULTURE,
                           R/O SOMANAL VILLAGE,
                           TQ: B. BAGEWADI,
                           DIST: VIJAYAPURA.
                                -2-
                                 NC: 2023:KHC-K:9290-DB
                                      MFA No. 200372 of 2023




4.   SHANTAGOUDA
     S/O SADASHIVAPPA SASNUR
     AGE:45 YEARS,
     OCCU: AGRICULTURE,
     R/O SOMANAL VILLAGE,
     TQ: B.BAGEWADI,
     DIST: VIJAYAPURA.

                                         ...APPELLANTS
(BY SRI. HARSHAVARDHAN R MALIPATIL, ADVOCATE)

AND:

1.   THE SPECIAL LAND ACQUISITION OFFICER
     UKP ALMATTI,
     DIST: VIJAYAPURA.

                                                 ...RESPONDENT

       THIS MFA IS FILED UNDER SECTION 74(1) OF THE RIGHT
TO   FAIR    COMPENSATION     AND    TRANSPARENCY      IN   LAND
ACQUISITION, REHABILITATION AND RESETTLEMENT ACT,
PRAYING TO ALLOW THIS APPEAL WITH COSTS AND MODIFY
THE JUDGMENT AND AWARD PASSED BY THE III ADDL.
DISTRICT     JUDGE   AND     ADDITIONAL   LAND    ACQUISITION
REHABILITATION        AND      RESETTLEMENT        AUTHORITY,
VIJAYAPURA, DATED: 17.10.2022 PASSED IN LAC NO.240 OF
2018 AND FIX THE MARKET VALUE FOR LAND ACQUIRED AT
THE RATE OF RS.13,41,000/- PER ACRE AND AWARD ALL
STATUTORY BENEFITS, FURTHER GRANT ANY OTHER RELIEF,
WHICH       THIS   HON'BLE    COURT    DEEMS     FIT   IN    THE
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE
AND EQUITY.
                                       -3-
                                        NC: 2023:KHC-K:9290-DB
                                               MFA No. 200372 of 2023




       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
R.DEVDAS, J., DELIVERED THE FOLLOWING:


                             JUDGMENT

R. DEVDAS J., (ORAL):

In-spite of sufficient time being given to the

appellants to pay the Court fee and specific orders were

issued on 06.11.2023 that if the Court fee is not paid

within a period of two weeks the appeal will be dismissed,

the appellants have failed to pay the requisite Court fee.

2. Accordingly, the appeal stands dismissed for

non-payment of Court fee.

Sd/-

JUDGE

Sd/-

JUDGE

MSR