The Executive Engineer vs The Special Land And Ors
2023 Latest Caselaw 11095 Kant

Karnataka High Court

The Executive Engineer vs The Special Land And Ors on 19 December, 2023

                                              -1-
                                                      NC: 2023:KHC-K:9306
                                                      MSA No. 200003 of 2020




                              IN THE HIGH COURT OF KARNATAKA
                                     KALABURAGI BENCH

                         DATED THIS THE 19TH DAY OF DECEMBER, 2023

                                           BEFORE

                              THE HON'BLE MRS JUSTICE M G UMA

                        MISCL SECOND APPEAL NO. 200003 OF 2020 (LAC)

                   BETWEEN:

                   1.   THE EXECUTIVE ENGINEER
                        KNNL I.P.C. DIVISION NO.1,
                        KALABURAGI-585102.
                        NOW AT DIVISION NO.4 HEBBAL-585312.

                                                                 ...APPELLANT
                   (BY SRI SANJEEVKUMAR C. PATIL, ADVOCATE)

                   AND:

                   1.   THE SPECIAL LAND
                        ACQUISITION OFFICER M & MIP
                        KALABURAGI-585102.
Digitally signed
by SWETA           2.   THE DEPUTY COMMISSIONER,
KULKARNI                KALABURAGI-585102.
Location: HIGH
COURT OF
KARNATAKA               SUBHADRAMMA
                        W/O SHIVASHARNAPPA BY LR'S.
                        (L.R. IS ALREADY ON RECORD AS CLAIMANT NO.2)

                   3.   VISHWANATAH S/O SHIVASHARNAPPA
                        AGE: 38 YEARS, OCC: AGRICULTURE
                        R/O: TENGLI VILLAGE-585312,
                        TQ: CHITTAPUR DIST: KALABURAGI.

                                                              ...RESPONDENTS
                                  -2-
                                         NC: 2023:KHC-K:9306
                                          MSA No. 200003 of 2020




      THIS MSA IS FILED U/S 54 (2) OF LAND ACQUISITION ACT,
PRAYING TO CALL FOR THE RECORDS IN LACA NO.327/2016 DATED:
22.03.2017 ON TE FILE OF LEARNED IIIRD ADDL. DISTRICT JUDGE AT
KALABURAGI. ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT
AND AWARD PASSED BY THE LEARNED IIIRD ADDL. DISTRICT JUDGE
AT KALABURAGI IN LACA NO.327/2016 DATED 22.03.2017.

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

                             JUDGMENT

Learned counsel for the appellant prays for time to pay

deficit Court.

The order sheet dated 12.12.2023 reads as under:

"Learned counsel Sri. Sanjeev Kumar C. Patil submits that he has filed vakalath on behalf of the appellant.

Office to verify.

Learned counsel for the appellant undertakes to pay deficit Court fee on or before 19.12.2023.

List, finally as a last chance, on 19.12.2023".

Inspite of that deficit Court fee has not yet paid.

The appeal is of the year 2020. I do not find any reason

to keep the appeal pending. Hence, the appeal is dismissed

for non-prosecution.

Sd/-

JUDGE