The Assistant Commissioner Cum vs K. Sarojamma W/O K. Hanumanthappa
2023 Latest Caselaw 9069 Kant

Karnataka High Court

The Assistant Commissioner Cum vs K. Sarojamma W/O K. Hanumanthappa on 1 December, 2023

                                                        -1-
                                                              NC: 2023:KHC-D:14031
                                                                MSA No. 100073 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.100073 OF 2020 (LA)
                        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:

                        K. SAROJAMMA W/O. K. HANUMANTHAPPA,
                        AGE: MAJOR, OCC: AGRICULTURIST,
                        R/O: SANGANAKALLU VILLAGE,
                        TQ. AND DIST: BALLARI,
                        NOW RESIDING AT BALLARI,
           Digitally
           signed by    PIN CODE: 583103.
VISHAL
           VISHAL
           NINGAPPA
                                                                          ...RESPONDENT
NINGAPPA   PATTIHAL     (BY SRI. ANIL KALE, ADVOCATE)
PATTIHAL   Date:
           2023.12.06
           12:44:18
           +0530
                             THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER
                        SECTION 54(2) (KARNATAKA AMENDMENT) OF THE LAND
                        ACQUISITION ACT, 1894, PRAYING TO, a) CALL FOR THE RECORDS
                        IN LAC APPEAL NO. 74/2018 ON THE FILE OF THE II ADDITIONAL
                        DISTRICT AND SESSIONS JUDGE, BALLARI. b) SET-ASIDE THE
                        JUDGMENT AND AWARD DATED 29.06.2019 IN LAC (APPEAL) NO.
                        74/2018 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS
                        JUDGE, BALLARI. IN THE INTEREST OF JUSTICE AND CONFIRM THE
                        AWARD PASSED IN LAC NO. 86/2013 DATED 31.07.2017 PASSED BY
                        THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL
                        MAGISTRATE, AT BALLARI.
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                                        NC: 2023:KHC-D:14031
                                             MSA No. 100073 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.74/2018. 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:14031

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