Karnataka High Court
The Assistant Commissioner vs Shri. Bharma Yallappa Kolkar on 7 December, 2023
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NC: 2023:KHC-D:14336
MSA No. 100063 of 2017
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 7TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
MISCELLANEOUS SECOND APPEAL NO.100063 OF 2017 (LA)
BETWEEN:
1. THE ASSISTANT COMMISSIONER,
BELAGAVI SUB-DIVISION, BELAGAVI
PINCODE-590001.
2. THE EXECUTIVE ENGINEER,
KARNATAKA STATE HIGHWAY IMPROVEMENT
PROGRAM, CLUB ROAD, BELAGAVI
PINCODE-590001.
...PETITIONERS
(BY SRI. V.S. KALASURMATH, HCGP)
AND:
1. SHRI. BHARMA YALLAPPA KOLKAR,
AGE:MAJOR, OCC:AGRICULTURE,
R/O. BASAVAN KUDACHI,
Digitally
signed by TAL AND DIST:BELAGAVI
VISHAL
VISHAL NINGAPPA PINCODE-591124.
NINGAPPA PATTIHAL
PATTIHAL Date: 2. SHRI. BASAVANT,
2023.12.11
11:47:51 S/O. YALLAPPA KOLKAR,
+0530
AGE:MAJOR, OCC:AGRICULTURE,
R/O. BASAVAN KUDACHI,
TAL AND DIST:BELAGAVI
PINCODE-591124.
SHRI. KALLAPPA,
S/O YALLAPPA KOLKAR,
(SINCE DECEASED BY HIS LEGAL REPRESENTATIVES)
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NC: 2023:KHC-D:14336
MSA No. 100063 of 2017
3. SMT. PUSHPA,
W/O. KALLAPPA KOLKAR,
AGE:44 YEARS, OCC:HOUSEHOLD,
R/O. BASAVAN KUDACHI VILLAGE,
TAL AND DIST:BELAGAVI
PINCODE-591124.
4. SHRI. SHASHIKANT,
S/O. KALLAPPA KOLKAR,
AGE: 26 YEARS, OCC: STUDENT,
R/O. BASAVAN KUDACHI VILLAGE,
TAL AND DIST:BELAGAVI
PINCODE-591124.
5. SHRI. SHANKAR,
S/O. KALLAPPA KOLKAR,
AGE:24 YEARS, OCC:STUDENT,
R/O. BASAVAN KUDACHI VILLAGE,
TAL AND DIST:BELAGAVI
PINCODE-591124.
6. KUMARI ROOPA,
D/O. KALLAPPA KOLKAR,
AGE:17 YEARS, OCC:STUDENT,
R/O. BASAVAN KUDACHI VILLAGE,
TAL AND DIST:BELAGAVI
REPRESENTED BY HER MINOR
GUARDIAN MOTHER i.e., 3
PINCODE-591124.
...RESPONDENTS
(BY SRI. P.V. SAMBARAGI, ADVOCATE FOR RESPONDENTS)
THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER
SECTION 54(2) OF LAND ACQUISITION ACT, 1894, PRAYING TO, a)
CALL FOR RECORDS IN LAC NO. 30/2007 ON THE FILE OF II
ADDITIONAL SENIOR CIVIL JUDGE, BELAGAVI AND ALSO THE
RECORDS IN LAC APPEAL NO. 319/2013 ON TH FILE OF III
ADDITIONAL DISTRICT JUDGE, BELAGAVI. b) SET ASIDE THE
JUDGMENT AND AWARD DATED 26.07.2011 PASSED BY THE II
ADDITIONAL SENIOR CIVIL JUDGE, BELAGAVI IN LAC NO. 30/2007
AND ALSO THE JUDGMENT AND DECREE DATED 20.06.2014
PASSED BY THE LEARNED III ADDITIONAL DISTRICT JUDGE,
BELGAUM IN LAC APPEAL NO. 319/2013 BY ALLOWING THIS
APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.
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NC: 2023:KHC-D:14336
MSA No. 100063 of 2017
THIS MISCELLANEOUS SECOND APPEAL, COMING ON FOR
ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The present second appeal by the State assailing the
Judgment and decree in LAC No.319/2013 confirming the
Judgment and decree passed in LAC No.30/2007 arising out of
common Judgment in LAC Nos.28, 31, 32, 33, 34 and 35 of
2007 disposed on 26.07.2011. The cross appeals preferred by
two claimants who have approached this Court in MSA
Nos.100095/2014 and 100096/2014 was allowed by
enhancing the compensation from ₹48,000/- to ₹96,000/- per
gunta. It is stated by the learned High Court Government
Pleader that the said amount has been fully satisfied by the
appellant-State and the appellant-State does not intend to
prosecute the present appeal and files a memo to that effect
which reads as under:
"MEMO FOR DISPOSAL
Herein the counsel for the above
Appellant/State begs to submit as under:
The above appeal is filed challenging the
judgment and decree in LAC Appeal No.319/2013
by confirming the judgment and decree passed in
NC: 2023:KHC-D:14336
LAC NO. 30/2007 arising out a common judgment
in LAC Nos.28, 31, 32, 33, 34 and 35/2007
disposed on 26.07.2011 wherein the cross appeals
filed by the Respondent/claimants were allowed
and aggrieved by the same two of the claimants
have approached this Hon'ble Court in MSA
No.100095/2014 and 100096/2014 which came to
be disposed of by this Hon'ble Court by enhancing
the compensation from Rs.48,000/- to 96,000/-
per acre and said amounts have been fully
satisfied by Appellants/State. In view of the above
said fact the Hon'ble Court shall disposed of the
appeal having fully satisfied the amount to the
Respondents in the interest of justice and equity.
Hence, this memo."
The submission and a memo is taken on record.
In view of the same, the appeal stands disposed of.
Sd/-
JUDGE
PJ, CT: UMD
