Karnataka High Court
The Assistant Commissioner Cum vs Sindhuvala Peera Sab S/O Late Hussain ... on 21 November, 2023
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NC: 2023:KHC-D:13549
MSA No. 100079 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.100079 OF 2020 (LA)
BETWEEN:
1. THE ASSISTANT COMMISSIONER CUM
LAND ACQUISITION OFFICER, BALLARI-583101.
2. THE EXECUTIVE ENGINEER, Z. P.
PWD ENGINEERING DIVISION, BALLARI-583101.
... APPELLANTS
(BY SRI. V.S. KALASURMATH, HCGP)
AND:
1. SINDHUVALA PEERA SAB S/O LATE HUSSAIN SAB,
AGE: 58 YEARS, OCC: AGRICULTURIST,
R/O: MOKA VILLAGE, BALLARI TQ. AND DISTRICT,
NOW RESIDING AT BALLARI-583117.
Digitally
signed by 2. SMT.VIJAYALAKSHMI W/O M.B. RAGHAVENDRA
VISHAL
VISHAL NINGAPPA AGE: 52 YEARS, OCC: AGRICULTURIST,
NINGAPPA PATTIHAL
Date:
R/O: MOKA VILLAGE, BALLARI TQ. AND DISTRICT,
PATTIHAL
2023.11.23
10:40:35
NOW RESIDING AT BALLARI-583117.
+0530 ...RESPONDENTS
(BY SRI.ANIL KALE, ADVOCATE FOR R2)
THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER
SECTION 54(2) (KARNATAKA AMENDMENT) OF LAND ACQUISITION
ACT, 1894, AGAINST THE JUDGEMENT AND DECREE DTD
25.04.2019 PASSED IN LACA.NO 3/2018 ON THE FILE OF THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI, ALLOWING
THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE
DATED 31.07.2017 PASSED IN LAC NO.114/2013 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.
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NC: 2023:KHC-D:13549
MSA No. 100079 of 2020
THIS MISCELLANEOUS SECOND APPEAL, COMING ON FOR
ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel Shri Anil Kale is directed to accept
notice for respondents.
2. 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.03/2018. 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 in view 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."
3. Learned High Court Government Pleader
appearing for the appellants-State submits that the
NC: 2023:KHC-D:13549
respondents/claimants had initiated the execution
proceedings before the Executing Court and in view of the
subsequent developments, the appellants-State have
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.
4. The said submission of the High Court
Government Pleader and memo are taken on record.
5. 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
