The Chief Engineer And Anr vs The Special Land Acquisition Officer ...
2023 Latest Caselaw 9200 Kant

Karnataka High Court

The Chief Engineer And Anr vs The Special Land Acquisition Officer ... on 4 December, 2023

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                                                     NC: 2023:KHC-K:8955
                                                     MSA No. 200166 of 2020




                              IN THE HIGH COURT OF KARNATAKA
                                     KALABURAGI BENCH

                          DATED THIS THE 4TH DAY OF DECEMBER, 2023

                                            BEFORE


                              THE HON'BLE MRS JUSTICE M G UMA

                        MISCL SECOND APPEAL NO.200166 OF 2020 (LA)

                   BETWEEN:

                   1.   THE CHIEF ENGINEER
                        KNNL, I.P. ZONE, KALABURAGI & ANOTHER

                   2.   THE EXECUTIVE ENGINEER KNNL
                        KARANJA PROJECT DIVISION NO.3, SHATAMBRA.

                                                                ...APPELLANTS
                   (BY SRI SANJEEVKUMAR C. PATIL, ADVOCATE)

                   AND:

                   1.   THE SPECIAL LAND ACQUISITION OFFICER
Digitally signed        KARANJA PROJECT, BIDAR-585401.
by SHILPA R
TENIHALLI          2.   ASHEKALI S/O PATHE AHAMAD
Location: HIGH          AGE: MAJOR, OCC: AGRICULTURE,
COURT OF
KARNATAKA               R/O: WALASANG VILLAGE,
                        TQ: BHALKI, DIST: BIDAR-585401.

                                                              ...RESPONDENTS

                        THIS MSA IS FILED U/S 54 (2) OF LAND ACQUISITION
                   ACT OF CPC, PRAYING TO CALL FOR THE RECORDS IN M.A.
                   NO. 164/2014 DATED: 28.10.2006 ON THE FILE OF LEARNED
                   ADDL. DISTRICT JUDGE AT BIDAR, SITTING AT BHALKI.
                   ALLOW THE APPEAL AND MODIFIED THE JUDGMENT AND
                   DECREE PASSED BY THE LEARNED ADDL. DISTRICT JUDGE AT
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                                          NC: 2023:KHC-K:8955
                                          MSA No. 200166 of 2020




BHALKI, SITTING AT BHALKI IN M.A. NO. 164/2014 DATED:
21.11.2014.

    THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                           JUDGMENT

Learned counsel for the appellants prays for time. The

office objections are not complied with in spite of listing the

matter for seventh time.

The order sheet dated 04.07.2022 reads as under:

"Finally two weeks' time is granted to comply with office objections."

Thereafter, the order sheet dated 08.11.2023 reads as

under:

"Sri Sanjeevkumar C. Patil, learned counsel submits that he is representing the appellants and undertakes to file vakalath on behalf of the appellants. Hence, the office is directed to delete the name of Sri Gourish S. Khashampur and show the name of Sri Sanjeevkumar C. Patil for the appellants in the cause-list.

He has prays for time to comply with office objection.

NC: 2023:KHC-K:8955

The appeal is of the year 2020. Matter is listed for the sixth time for compliance of office objections. I do not find any reason to adjourn the matter. However, to afford final opportunity, four weeks time is granted.

List on 04.12.2023."

In spite of that, there is no progress in the matter. The

appellants are not interested in prosecuting the appeal. Hence,

the appeal is dismissed for non compliance of office objections.

Sd/-

JUDGE

SRT