Karnataka High Court
K. Shivanna vs The Land Acquisition Officer on 5 August, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:31019
MSA No. 88 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
MISCELLANEOUS SECOND APPEAL NO.88 OF 2017(LA)
BETWEEN:
1. K. SHIVANNA
SINCE DEAD BY HIS LEGAL REPRESENTATIVES
1(a) KEMPARAJAMMA
W/O LATE SHIVANNA
AGED ABOUT 62 YEARS
1(b) PAVITHRA
D/O LATE SHIVANNA
AGED ABOUT 38 YEARS
1(c) MANJULA
D/O LATE SHIVANNA
AGED ABOUT 36 YEARS
1(d) NAGESH.S
S/O LATE SHIVANNA
AGED ABOUT 34 YEARS
Digitally ALL ARE RESIDING AT
signed by CHIKKEGOWDANA DODDI,
MALATESH
KC KASABA HOBLI,
Location: RAMANAGARA TALUK,
HIGH RAMANAGARA DISTRICT.
COURT OF ...APPELLANTS
KARNATAKA (BY SRI VIRUPAKSHAIAH P H, ADVOCATE)
AND:
1. THE LAND ACQUISITION OFFICER
RAMANAGARA SUB DIVISION,
RAMANAGARA-571 511.
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MSA No. 88 of 2017
2. DEVARAJU
S/O. LATE CHIKKANNA,
AGED ABOUT 71 YEARS,
R/AT MADARA SABARA DODDI,
HARISANDRA DHAKALE,
RAMANAGARA TALUK,
RAMANAGARA DISTRICT-562 128.
...RESPONDENTS
(BY SRI T.P.MALIPATIL, AGA FOR R1;
SRI JAYAKIRTHI.M.C, ADVOCATE FOR R2)
THIS MSA IS FILED UNDER SECTION 54(2) OF LAND
ACQUISITION ACT 1894, AGAINST THE JUDGMENT DTD
13.04.2017 PASSED IN M.A.No.19/2011 ON THE FILE OF THE
III ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA,
DISMISSING THE APPEAL AND CONFIRMING THE ORDER DTD
8.12.2009 PASSED IN LAC.No.219/1990, ON THE FILE OF THE
PRL. CIVIL JUDGE (SR.DN.) RAMANAGARA.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
Heard Sri Virupakshaiah P.H., learned counsel for the
appellant, Sri T.P. Malipatil, learned Additional Government
Advocate for first respondent, Sri Jayakirthi, learned counsel for
the respondent No.2.
2. Present second appeal is filed challenging the order
passed in M.A.No.19/2011, dated 13.04.2007, on the file of III
Additional District and Sessions Judge, Ramanagara, whereby
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the appeal filed by the present appellant who was also
appellant before the First Appellate Court which came to be
dismissed by confirming the order passed in LAC No.219/1990
dated 08.12.2009.
3. Facts in brief which are utmost necessary for
disposal of the second appeal are as under:
The land in Sy.No.126/1A to the extent of 36 guntas of
Harisandra village, Ramanagara Taluk, came to be acquired by
the Government for purpose of construction of Manchanabele
Reservoir Channel. With regard to the apportionment of the
compensation there was a dispute. Therefore, the matter was
referred to the Civil Court by the land acquisition officer.
4. Sri Devaraju, who is the second respondent in this
appeal, claimed that he is the owner of the property, whereas
the appellant Shivanna also laid claim on the acquired land.
5. When the matter stood thus, a suit in
O.S.No.499/2011 came to be filed in respect of land in
Sy.No.126/1A to the extent of 2 acres 21 guntas excluding the
36 guntas.
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6. In the said suit, filed a counter claim seeking
setting aside of the sale deed of the second respondent to the
entire extent of 3 acres 17 guntas which could include the 36
guntas of the land which has been acquired for construction of
a channel.
7. The said suit came to be decreed during the
pendency of this appeal on 17.02.2023 and counter claim filed
by the appellant herein came to be dismissed.
8. Challenging the same, the appellants herein has
filed an appeal which is pending before the First Appellate
Court.
9. Needless to emphasize that since the decree in
O.S.No.499/2011 was excluding 36 guntas and the counter
claim is to be decided in the First Appellate Court, the
compensation amount shall be disbursed after final disposal of
the appeal which is now pending before the First Appellate
Court.
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With the above observations, present appeal stands
disposed of.
Since the lis is pending for more than a decade, the first
appeal filed by the appellant herein shall be disposed of by the
First Appellate Court as expeditiously as possible.
Sd/-
(V SRISHANANDA)
JUDGE
MR
