The Chief Engineer And Anr vs The Special Land Acquisition Officer
2023 Latest Caselaw 9556 Kant

Karnataka High Court

The Chief Engineer And Anr vs The Special Land Acquisition Officer on 6 December, 2023

                                                  -1-
                                                          NC: 2023:KHC-K:9047
                                                          MSA No. 200213 of 2021




                                 IN THE HIGH COURT OF KARNATAKA
                                        KALABURAGI BENCH

                             DATED THIS THE 6TH DAY OF DECEMBER, 2023

                                                 BEFORE

                                 THE HON'BLE MRS JUSTICE M G UMA

                           MISCL SECOND APPEAL NO.200213 OF 2021 (LAC)

                      BETWEEN:

                      1.   THE CHIEF ENGINEER,
                           KNNL I.P.C ZONE,
                           KALABURAGI.

                      2.   THE EXECUTIVE ENGINEER
                           KNNL DIVISION NO.1
                           KALABURAGI-585102.
                                                                   ...APPELLANTS

                      (BY SRI A. M. NAGRAL, ADVOCATE)

                      AND:

                      1.   THE SPECIAL LAND ACQUISITION OFFICER,
Digitally signed by        M AND MIP,
SWETA KULKARNI             KALABURAGI-585102.
Location: HIGH
COURT OF
KARNATAKA
                      2.   THE DEPUTY COMMISSIONER,
                           KALABURAGI-585102.

                      3.   SHIVANAND S/O PRABHANNA
                           AGE: 42 YEARS, OCC: AGRICULTURE,

                      4.   DAYANAND S/O PARABHANNA
                           AGE. 37 YEARS, OCC: AGRICULTURE

                      5.   ANAND S/O PRABHANNA
                           AGE: 33 YEARS OCC: AGRICULTURE,
                                  -2-
                                       NC: 2023:KHC-K:9047
                                        MSA No. 200213 of 2021




6.   PRABHANNA S/O MALLAPPA
     AGE: 39 YEARS, OCC: AGRICULTURE,

7.   NEELAMMA W/O PARBHANNA
     AGE: 39 YEARS, OCC: AGRICULTURE
     R/O JAWALI (D) VILLAGE,
     TQ. ALAND, KALABURGI-585310.
                                                ...RESPONDENTS


       THIS MSA IS FILED U/S 54 (2) OF LAND ACQUISITION
ACT,    PRAYING      TO   CALL   FOR   THE   RECORDS   IN   LACA
NO.87/2018 DATED: 05.07.2018 ON THE FILE OF LEARNED III
ADDL. DISTRICT JUDGE KALABURAGI, ALLOW THE APPEAL
AND SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE
LEARNED III ADDL. DISTRICT JUDGE KALABURAGI IN LACA
NO. 87/2018 DATED: 05.07.2018.


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


                            JUDGMENT

Learned counsel for the appellants prays for time to pay

the deficit Court fee.

The order sheet dated 28.11.2023 reads as under:

"Learned counsel Sri A.M.Nagaral submits that he is representing the appellants and learned counsel Sri Gourish S.Khashmpur is not in the panel of the appellants.

NC: 2023:KHC-K:9047

Office is directed to take note of the same and delete the name of learned counsel Sri Gourish S. Khashmpur and show the name of learned counsel Sri A.M.Nagaral in the cause list.

Learned counsel for the appellants prays for a week's time to pay the requisite Court fee.

The appeal is of the year 2021 and since then the requisite Court fee is not paid. I do not find any reason to adjourn the matter. However, to afford final opportunity, list on 06.12.2023."

Inspite of that the deficit Court fee has not paid. I do not

find any reason to adjourn the mater. The appeal is dismissed

for non-compliance.

Sd/-

JUDGE