Karnataka High Court
The Assistant Commissioner Cum vs B. Babu S/O Late B. Hanumanthappa on 21 November, 2023
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NC: 2023:KHC-D:13548
MSA No. 100053 of 2020
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 21ST DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
MSA NO.100053 OF 2020 (LA)
BETWEEN:
1. THE ASSISTANT COMMISSIONER CUM
LAND ACQUISITION OFFICER, BALLARI-583101.
2. THE EXECUTIVE ENGINEER, Z. P.
PWD ENGINEERING DIVISION, BALLARI.
...APPELLANTS
(BY SRI. V. S. KALASURMATH, HCGP)
AND:
B. BABU S/O LATE B. HANUMANTHAPPA,
AGE: 42 YEARS, OCC: AGRICULTURIST,
R/O: SANGANAKALLU VILLAGE, BALLARI
TQ/DISTRICT BALLARI
NOW RESIDING AT BALLARI.
Digitally ...RESPONDENT
signed by (BY SRI. ANIL KALE, ADVOCATE)
VISHAL
VISHAL NINGAPPA
NINGAPPA PATTIHAL
PATTIHAL Date:
THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER
2023.11.23 SECTION 54(2) (KARNATAKA AMENDMENT) OF LAND ACQUISITION
10:41:01
+0530 ACT, 1894, AGAINST THE JUDGEMENT AND DECREE DATED
25.03.2019 PASSED IN LACA.NO 48/2018 ON THE FILE OF THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI, ALLOWING
THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE
DTD 31.07.2017 PASSED IN LAC NO.66/2013 ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE,
BALLARI, PARTLY ALLOWING THE PETITION FILED UNDER SECTION
18 OF LA ACT, 1894.
THIS MISCELLANEOUS SECOND APPEAL, COMING ON FOR
FURTHER ORDERS, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
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NC: 2023:KHC-D:13548
MSA No. 100053 of 2020
JUDGMENT
Learned High Court Government Pleader appearing
for the appellants-State has filed a memo, which reads as
under:
"Herein the counsel for the Appellants/State
begs to submit as under:
That the top noted Miscellaneous Second
Appeal the State has challenged the order passed by
the Reference Court in an appeal in LAC Appeal
No.48/2018. Pursuant to the said appeal having
been filed before this Hon'ble Court the Respondent/
claimants have initiated execution petition before the
executing court and now inview of the subsequent
development having been taken that the appellants
Assistant Commissioner and Land Acquisition Officer
and Public Works Department Ballari have taken
steps and instructions has submitted that the steps
have been taken to make payment of the claimant
before the executing Court and same would be result
in their favour. In view of the above fact the Hon'ble
Court be pleased to dispose of the appeal. In view of
the undertaking given by the Appellant in the
interest of justice and equity."
2. Learned High Court Government Pleader
appearing for the appellants-State submits that the
respondent/claimant had initiated the execution
proceedings before the Executing Court and in view of the
subsequent developments, the appellants-State have
NC: 2023:KHC-D:13548
deposited the entire amount before the Executing Court
and the order under challenge has been fully satisfied &
closed and hence, the State does not intend to prosecute
the present appeal.
3. The said submission of the High Court
Government Pleader and memo are taken on record.
4. In view of the above, the appeal stands
disposed of as having fully satisfied.
In view of the disposal of the appeal, pending
applications, if any, do not survive for consideration.
Sd/-
JUDGE
VNP, CT: UMD
