Karnataka High Court
Sri A B Lakshmegowda vs State Of Karnataka on 5 January, 2024
Author: H.B.Prabhakara Sastry
Bench: H.B.Prabhakara Sastry
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NC: 2024:KHC:650-DB
MFA No. 2670 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2024
PRESENT
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
MISCELLANEOUS FIRST APPEAL NO. 2670 OF 2022 (LAC)
BETWEEN:
SRI A B LAKSHMEGOWDA
S/O BELUREGOWDA
AGED ABOUT 74 YEARS,
R/A ADDIHALLI VILLAGE
SHANTHIGRAMA HOBLI,
HASSAN TALUK AND DISTRICT-573220
...APPELLANT
(BY SRI. RAJARAMA S.,ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
THE SPECIAL LAND ACQUISITION OFFICER
HEMAVATHI RESERVOIR PROJECT-II
Digitally signed
by VEENA HASSAN-573211
KUMARI B
Location: High
Court of
Karnataka
2. EXECUTIVE ENGINEER
CAUVERY NEERAVARI NIGAMA
HOLENARASIPURA
HASSAN-573211
...RESPONDENTS
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.54(1)
OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND
AWARD DATED 05.03.2015 PASSED IN LAC NO.49/2013 ON
THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND
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NC: 2024:KHC:650-DB
MFA No. 2670 of 2022
JMFC, HASSAN, PARTLY ALLOWING THE REFERENCE PETITION
U/S.18(1) OF LAND ACQUISITION ACT.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ORDERS THROUGH PHYSICAL HEARING/VIDEO
CONFERENCING, THIS DAY, DR. H.B.PRABHAKARA SASTRY,
J., MADE THE FOLLOWING:
ORDER
Learned counsel for the appellant is physically
present and expresses his inability to pursue his client to
pay the deficit Court fee.
2. On 02.01.2024 this Court had made the
following observation:
"Learned counsel for the appellant initially prayed
for two weeks time to comply the office objections, which
includes payment of deficit Court fee of 1,16,003/-. After
the Court brought to his notice that from the date of
filing, one year nine months has been lapsed, still, the
appellant is not yet complied office objections, as such
granting of any further time would be on a cost of `500/-
per day, that too, for a maximum period of seven days,
learned counsel for the appellant prays for a day's
accommodation to comply with the office objections.
In this matter several and sufficient opportunities
of not less than six times have already been granted
including as a final last opportunity, as such, making it
clear that in case, if, office objections are not complied,
NC: 2024:KHC:650-DB
within a day from today, the Court may proceed to pass
appropriate order including dismissal of the appeal for
noncompliance of office objections, as a final last
opportunity two days time is granted.
List this matter on 05.01.2024."
3. In spite of the above and in spite of granting
seven successive adjournments to comply the office
objections, including payment of deficit Court fee the
appellant has not complied the same.
In view of the above and particularly in the light of
the submission made today, as above, by the learned
counsel for the appellant, appeal stands dismissed for
noncompliance of office objections.
Sd/-
JUDGE
Sd/-
JUDGE
