Karnataka High Court
The Assistant Commissioner Cum vs A.K. Devapura S/O Hanumanthappa on 1 December, 2023
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NC: 2023:KHC-D:14033
MSA No. 100077 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.100077 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:
A.K. DEVAPUTRA S/O. HANUMANTHAPPA
AGE: MAJOR,
Digitally R/O: SANGANAKALLU VILLAGE,
signed by
VISHAL
VISHAL
NINGAPPA
TQ. AND DIST: BALLARI,
NINGAPPA
PATTIHAL
PATTIHAL
Date:
NOW RESIDING AT BALLARI-583103.
2023.12.06
12:46:43 ...RESPONDENT
+0530
THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER
SECTION 54(2) (KARNATAKA AMENDMENT) OF LAND
ACQUISITION ACT, 1894, PRAYING TO - a. CALL FOR THE
RECORDS IN LAC (APPEAL) NO. 78/2018 ON THE FILE OF THE
II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI. b.
SET-ASIDE THE JUDGMENT AND AWARD DATED 29.04.2019 IN
LAC (APPEAL) NO.78/2018 PASSED BY THE II ADDITIONAL
DISTRICT AND SESSION JUDGE, BALLARI. IN THE INTEREST
OF JUSTICE AND CONFIRM THE AWARD PASSED IN LAC NO.
57/2013 DATED 31.07.2017 PASSED BY THE PRINCIPAL CIVIL
JUDGE AND CHIEF JUDICIAL MAGISTRATE, BALLARI.
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NC: 2023:KHC-D:14033
MSA No. 100077 of 2020
THIS MISCELLANEOUS SECOND APPEAL, COMING ON FOR
FURTHER ORDER, 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.78/2018. 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:14033
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
