Karnataka High Court
The Assistant Commissioner Cum vs S. Ghouse Ahmed Khan S/O S. Yunus Khan on 1 December, 2023
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NC: 2023:KHC-D:14036
MSA No. 100093 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.100093 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:
S. GHOUSE AHMED KHAN S/O S. YUNUS KHAN
AGED ABOUT 51 YEARS, OCC: AGRICULTURIST,
R/O: MOKA VILLAGE, BALLARI,
BALLARI TALUK AND DISTRICT,
NOW RESIDING AT BALLARI.
...RESPONDENT
Digitally signed
by VISHAL
(BY SRI. ANIL KALE, ADVOCATE)
VISHAL NINGAPPA
PATTIHAL
NINGAPPA
PATTIHAL
Date:
2023.12.06
THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER
12:51:12
+0530
SECTION 54(2) (KARNATAKA AMENDMENT) OF LAND ACQUISITION
ACT, 1894, AGAINST THE JUDGEMENT AND DECREE DTD 11.04.2019
PASSED IN LACA.NO. 65/2018 ON THE FILE OF THE II ADDITIONAL
DISTRICT AND SESSIONS JUDGE, BALLARI, ALLOWING THE APPEAL
AND SETTING ASIDE THE JUDGMENT AND DECREE DTD 31.07.2017
PASSED IN LAC NO.102/2013 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, BALLARI,
PARTLY ALLOWING THE PETITION FILED UNDER SECTION 18 OF LA
ACT, 1894.
THIS MISCELLANEOUS SECOND APPEAL, COMING ON FOR
ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC-D:14036
MSA No. 100093 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.65/2018. 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 and same would
be result in their favour. Inview of the above fact the
Hon'ble court be pleased to dispose of the appeals.
NC: 2023:KHC-D:14036
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
