Karnataka High Court
The Assistant Commissioner Cum vs S. Hampamma W/O Late S. Doddasharanappa on 1 December, 2023
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NC: 2023:KHC-D:14032
MSA No. 100075 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.100075 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)
Digitally
signed by AND:
VISHAL
VISHAL NINGAPPA
S. HAMPAMMA W/O. LATE S. DODDASHARANAPPA,
NINGAPPA PATTIHAL
PATTIHAL Date:
2023.12.06
DECEASED BY HER LRS,
12:46:18
+0530
1. B. RAJENDRA PRASAD S/O. LATE DODDA SHARANAPPA,
AGED 69 YEARS,
R/O: SANGANAKALLU VILLAGE,
TQ. AND DIST: BALLARI,
NOW RESIDING AT BALLARI.
2. SMT. S. NEELAMBIKA W/O. LATE NARENDRA,
AGED 60 YEARS,
R/O: SANGANAKALLU VILLAGE,
TQ. AND DIST: BALLARI,
NOW RESIDING AT BALLARI.
3. S.CHANNANA GOUDA S/O. LATE DODDA SHARANAPPA,
AGED 67 YEARS,
R/O: SANGANAKALLU VILLAGE,
TQ. AND DIST: BALLARI,
NOW RESIDING AT BALLARI.
...RESPONDENTS
(BY SRI. ANIL KALE, ADVOCATE)
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NC: 2023:KHC-D:14032
MSA No. 100075 of 2020
THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER
SECTION 54(2) OF LAND ACQUISITION ACT, 1894, AGAINST THE
JUDGEMENT AND DECREE DATED 29.06.2019 PASSED IN
LACA.NO.76/2018 ON THE FILE OF THE II-ADDITIONAL DISTRICT
AND SESSIONS JUDGE, BALLARI, DISMISSING THE JUDGEMENT AND
DECREE DATED 31.07.2017 PASSED IN LAC NO.56/2013 ON THE
FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL
MAGISTRATE, BALLARI, PARTLY ALLOWING THE PETITION FILED
UNDER SECTION 18 OF LAND ACQUISITION ACT, 1894.
THIS MISCELLANEOUS SECOND APPEAL, COMING ON FOR
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.76/2018. 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
NC: 2023:KHC-D:14032
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 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
