The Assistant Commissioner Cum vs M. Sambashivarao S/O Ashwathamaya
2023 Latest Caselaw 11444 Kant

Karnataka High Court

The Assistant Commissioner Cum vs M. Sambashivarao S/O Ashwathamaya on 21 December, 2023

                                                     -1-
                                                           NC: 2023:KHC-D:14990
                                                             MSA No. 100076 of 2020




                                  IN THE HIGH COURT OF KARNATAKA
                                          DHARWAD BENCH

                             DATED THIS THE 21ST DAY OF DECEMBER, 2023
                                                  BEFORE
                               THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
                                        MSA NO.100076 OF 2020

                        BETWEEN:

                        1.   THE ASSISTANT COMMISSIONER CUM
                             LAND ACQUISITION OFFICER, BALLARI.

                        2.   THE EXECUTIVE ENGINEER, Z. P.
                             PWD ENGINEERING DIVISION, BALLARI.
                                                                       ... APPELLANTS
                        (BY SRI. V.S. KALASURMATH, HCGP)

                        AND:

           Digitally
           signed by    M.SAMBASHIVARAO S/O. ASHWATHAMAYA,
           VISHAL
VISHAL     NINGAPPA     MAJOR, R/O: SANGANAKALLU VILLAGE,
NINGAPPA   PATTIHAL     TQ & DIST: BALLARI,
PATTIHAL   Date:
           2023.12.21   NOW R/AT BALLARI, PIN CODE 583 103
           15:13:23
           +0530                                                      ... RESPONDENT

                              THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER
                        SECTION 54(2) OF THE LAND ACQUISITION ACT, 1894, AGAINST
                        THE JUDGMENT AND DECREE DATED 29.06.2019 PASSED IN LACA
                        NO.77/2018 ON THE FILE OF THE II-ADDL. DISTRICT AND
                        SESSIONS JUDGE, BALLARI, DISMISSING THE JUDGMENT AND
                        DECREE DATED 31.07.2017, PASSED IN LAC NO.48/2013 ON THE
                        FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, BALLARI, PARTLY
                        ALLOWING THE PETITION FILED UNDER SECTION 18 OF THE LAND
                        ACQUISITION ACT, 1894.

                            THIS MISCELLANEOUS SECOND APPEAL, COMING ON FOR
                        ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
                                -2-
                                      NC: 2023:KHC-D:14990
                                        MSA No. 100076 of 2020




                         JUDGMENT

Learned High Court Government Pleader for

appellants submits that the appellants have satisfied the

amount awarded by the First Appellate Court, in the

execution petition initiated by the respondent to execute

the decree impugned in the present appeal and files a

memo to that effect.

2. A memo reads as under:

"Herein the counsel for the Appellants/State begs to submit as under:

That the top noted Miscellaneous Second Appeal the State has challenged the order passed by the Reference Court in an appeal in LAC Appeal No.77/2018. Pursuant to the said appeal having been filed before this Hon'ble Court the Respondent / claimants have initiated execution petition before the executing court and now inview of the subsequent development having been taken that the appellants Assistant Commissioner and Land Acquisition Officer and Public Works Department, Ballari have taken steps and on instructions has submitted that the steps have been taken to make payment of the claimant before the executing Court

NC: 2023:KHC-D:14990

and same would be result in their favour. Inview of the above fact the Hon'ble Court be pleased to dispose of the appeals. Inview of the under taking given by the Appellant in the interest of justice and equity."

3. The memo is taken on record.

4. Accordingly, in view of the submission and

memo filed, the appeal stands disposed of.

In view of the disposal of the appeal, pending application, if any, would not survive for consideration.

Sd/-

JUDGE

Vnp / CT: UMD