The Executive Engineer And Anr vs The Special Land Acquisition Officer ...
2023 Latest Caselaw 9201 Kant

Karnataka High Court

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

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                                                       NC: 2023:KHC-K:8960
                                                       MSA No. 200094 of 2021




                              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.200094 OF 2021 (LA)

                   BETWEEN:

                   1.   THE EXECUTIVE ENGINEER,
                        KNNL, AMARJA PROJECT, KORALLI,
                        NOW AT EXECUTIVE ENGINEER,
                        KNNL, IPC DIVISION NO.1,
                        KALABURAGI.

                   2.   THE ASSISTANT EXECUTIVE ENGINEER
                        KNNL, AMARJA PROJECT,
                        SUB-DIVISION, CAMP, KORALLI,
                        TQ. ALAND, DIST. KALABURAGI.

                                                                ...APPELLANTS
                   (BY SRI SANJEEVKUMAR C. PATIL, ADVOCATE)
Digitally signed
by SHILPA R        AND:
TENIHALLI
Location: HIGH     1.   THE SPECIAL LAND ACQUISITION OFFICER,
COURT OF
KARNATAKA               M AND MIP,
                        KALABURAGI-585102.

                   2.   THE CHIEF ENGINEER,
                        M AND MIP,
                        KALABURAGI-585102.

                   3.   THE DEPUTY COMMISSIONER,
                        KALABURAGI DISTRICT,
                        KALABURAGI-585102.
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                                         NC: 2023:KHC-K:8960
                                              MSA No. 200094 of 2021




4.   SHANTAPPA S/O SHIVASHARNAPPA
     AGE: 53 YEARS, OCC. AGRICULTURE,
     R/O: GUDUR VILLAGE, TQ. AFZALPUR,
     DIST. KALABURAGI.

                                                     ...RESPONDENTS

     THIS MSA IS FILED U/S 54(2) OF LAND ACQUISITION
ACT, PRAYING TO CALL THE RECORDS IN LACA NO.96/2018
DATED:20.08.2018 ON THE FILE OF LEARNED I ADDL.
DISTRICT JUDGE AT KALABURAGI. ALLOW THE APPEAL AND
SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE
LEARNED I ADDL. DISTRICT JUDGE AT KALABURAGI, IN LACA
NO. 96/2018 DATED: 20.08.2018.

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

                             JUDGMENT

Learned counsel for the appellants prays for time.

The order sheet dated 07.11.2023 reads as under:

"Learned counsel Sri Sanjeev Kumar C. Patil undertakes to file vakalath for the appellants and prays for time to comply with the office objections.

Office is directed to show the name of learned counsel Sri Sanjeev Kumar C. Patil in the cause list.

The appeal is of the year 2021. It is listed for fourth time for compliance of office objections. I do not find any reason to adjourn the matter. However, to afford final opportunity, list on 20.11.2023."

NC: 2023:KHC-K:8960

In spite of that, vakalath was not filed. Office objections

are not complied with. Thereafter, the order sheet dated

20.11.2023 reads as under:

"Learned counsel Sri Sanjeev Kumar C. Patil submits that he has not yet filed vakalath for the appellants.

The appeal is of the year 20121. Even though the matter is listed for the fifth time, office objections are not complied with. I do not find any reason to adjourn the matter. However, to afford final opportunity, list on 04.12.2023."

In spite of that, there is no compliance of office

objections. Therefore, I do not find any reason to adjourn the

matter. Hence, the appeal is dismissed for non compliance of

office objections.

Sd/-

JUDGE

SRT CT-VD