The Chief Engineer And Anr vs The Special Land Acquisition Officer
2023 Latest Caselaw 9735 Kant

Karnataka High Court

The Chief Engineer And Anr vs The Special Land Acquisition Officer on 7 December, 2023

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                                                      NC: 2023:KHC-K:9088
                                                      MSA No. 200206 of 2021




                              IN THE HIGH COURT OF KARNATAKA
                                     KALABURAGI BENCH

                          DATED THIS THE 7TH DAY OF DECEMBER, 2023

                                             BEFORE

                              THE HON'BLE MRS JUSTICE M G UMA

                        MISCL SECOND APPEAL NO. 200206 OF 2021 (LA)

                   BETWEEN:

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

                   2.   THE EXECUTIVE ENGINEER
                        KNNL DIVISION NO.1,
                        KALABURAGI.
                                                                ...APPELLANTS

                   (BY SRI A. M. NAGRAL, ADVOCATE)

                   AND:

                   1.   THE SPECIAL LAND ACQUISITION OFFICER,
Digitally signed        M AND MIP, KALABURGI-585102.
by SHILPA R
TENIHALLI
Location: HIGH     2.   THE DEPUTY COMMISSIONER
COURT OF
KARNATAKA               KALABURGI-585102.

                   3.   ERESH S/O BASAVANAPPA KORE
                        AGE: 32 YEARS, OCC: AGRICULTURE
                        R/O: JAWALI (D) VILLAGE,
                        TQ. ALAND KALABURAGI-585213.
                                                             ...RESPONDENTS

                        THIS MSA IS FILED U/S 54(2) OF LAND ACQUISITION
                   ACT, PRAYING TO CALL FOR THE RECORDS IN LACA NO.
                   86/2018 DATED: 05.07.2018 ON THE FILE OF LEARNED III
                   ADDL. DISTRICT JUDGE KALABURAGI. ALLOW THE APPEAL
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                                       NC: 2023:KHC-K:9088
                                        MSA No. 200206 of 2021




AND SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE
LEARNED III ADDL. DISTRICT JUDGE KALABURAGI IN LACA
NO. 86/2018 DATED 05.07.2018.

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

                         JUDGMENT

Learned counsel for the appellant prays for time. The

appeal is of the year 2021. The deficit Court fee is not yet

paid. The ordre sheet dated 2.11.2023 reads as under:

"Learned counsel Sri A.M.Nagral submits that he has instruction to appear on behalf of the appellants in the matter.

Hence, office is directed to delete the name of learned counsel Sri Gourish S. Khashampur and show the name of learned counsel Sri A.M.Nagral as appearing for the appellants in the cause list.

Learned counsel for the appellants prays for time to pay deficit Court fee.

The appeal is of the year 2021. Till deficit Court fee is not paid. I do not find any reason to adjourn the matter. However, to afford final opportunity, as a last chance, list the matter finally on 07.12.2023."

NC: 2023:KHC-K:9088

In spite of that, there is no compliance of the said order.

I do not find any reason to adjourn the matter. Hence, the

appeal is dismissed.

Sd/-

JUDGE

SRT CT-VD