The Assistant Commissioner Cum vs R. Venkatareddy S/O Thirupathi Reddy
2023 Latest Caselaw 9061 Kant

Karnataka High Court

The Assistant Commissioner Cum vs R. Venkatareddy S/O Thirupathi Reddy on 1 December, 2023

                                                     -1-
                                                            NC: 2023:KHC-D:14023
                                                              MSA No. 100063 of 2020




                             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                DATED THIS THE 1ST DAY OF DECEMBER, 2023

                                                  BEFORE
                                 THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
                             MISCELLANEOUS SECOND APPEAL NO.100063 OF 2020 (LA)
                        BETWEEN:

                        1.    THE ASSISTANT COMMISSIONER CUM
                              LAND ACQUISITION OFFICER,
                              BALLARI-583101.

                        2.    THE EXECUTIVE ENGINEER Z.P.
                              PWD ENGINEERING DIVISION,
                              BALLARI-583101.
                                                                        ...APPELLANTS
                        (BY SRI. V.S. KALASURMATH, HCGP)

                        AND:

                        R. VENKATAREDDY S/O. THIRUPATHI REDDY
                        AGED ABOUT: 47 YEARS, OCC: AGRICULTURIST,
                        R/O: SANGANAKALLU VILLAGE,
                        BALLARI TALUK AND DISTRICT,
                        NOW RESIDING AT BALLARI-583103.
                                                                       ...RESPONDENT
           Digitally
           signed by
           VISHAL
VISHAL     NINGAPPA
           PATTIHAL
                        (BY SRI. ANIL KALE, ADVOCATE)
NINGAPPA
PATTIHAL   Date:
           2023.12.06
           12:49:05          THIS MISCELLANEOUS SECOND APPEAL FILED UNDER
           +0530
                        SECTION 54(2) OF LAND ACQUISITION ACT, 1894, AGAINST THE
                        JUDGEMENT AND      DECREE DATED 25.03.2019 PASSED IN
                        LACA.NO 15/2018 ON THE FILE OF THE II ADDITIONAL DISTRICT
                        AND SESSIONS JUDGE, BALLARI, ALLOWING THE APPEAL AND
                        SETTING ASIDE THE JUDGEMENT AND DECREE DATED
                        31.07.2017 PASSED IN LAC NO.55/2013 ON THE FILE OF THE
                        PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL
                        MAGISTREATE, BALLARI, PARTLY ALLOWING THE PETITION FILED
                        UNDER SECTION 18 OF LA ACT, 1894.
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                                      NC: 2023:KHC-D:14023
                                        MSA No. 100063 of 2020




     THIS MISCELLANEOUS SECOND APPEAL, COMING ON FOR
FURTHER ORDERS, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
                          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.15/2018. 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

NC: 2023:KHC-D:14023

claimant before the executing Court 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

PJ, CT: UMD