The Special Land Acquisition Officer vs Ravikant S/O Siddanagouda Patil
2024 Latest Caselaw 18916 Kant

Karnataka High Court

The Special Land Acquisition Officer vs Ravikant S/O Siddanagouda Patil on 29 July, 2024

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                                                        NC: 2024:KHC-K:5439
                                                    MSA No.200316 of 2021




                              IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                            DATED THIS THE 29TH DAY OF JULY, 2024

                                           BEFORE
                    THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE


                      MISCL SECOND APPEAL NO.200316 OF 2021 (LA)

                   BETWEEN:


                   THE SPECIAL LAND ACQUISITION OFFICER,
                   INDI, RAILWAY STATION, TQ. INDI,
                   DIST. BIJAPUR-586209.

                                                                ...APPELLANT

                   (BY SMT. ARCHANA P. TIWARI, AAG ALONG WITH
                   SRI VEERANAGOUDA MALIPATIL, HCGP)

                   AND:

Digitally signed   RAVIKANT S/O SIDDANAGOUDA PATIL,
by RENUKA
                   AGE: 63 YEARS, OCC: AGRICULTURE,
Location: HIGH
COURT OF           R/O HIREBENUR, TQ. INDI-586111.
KARNATAKA

                                                             ...RESPONDENT

                          THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER
                   SECTION 54(2) OF LAND ACQUISITION ACT, PRAYING TO A)
                   CALL FOR THE RECORDS IN LACA NO.76/2014, ON THE FILE
                   OF THE III ADDITIONAL DISTRICT JUDGE, VIJAYAPUR, AND
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                                             NC: 2024:KHC-K:5439
                                          MSA No.200316 of 2021




ALSO IN LAC NO.84/2007, ON THE FILE OF THE SENIOR CIVIL
JUDGE AND JMFC, INDI. B) ALLOW THE ABOVE APPEAL BY
SETTING   ASIDE   THE    JUDGMENT         AND   AWARD    DATED
07.11.2018,   PASSED    BY   THE    III   ADDITIONAL   DISTRICT
JUDGE, VIJAYAPURA, IN LACA NO.76/2014 AND ALSO SET
ASIDE THE JUDGMENT AND AWARD DATED 25.10.2013,
PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, INDI, IN LAC
NO.84/2007.


     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH
       HEGDE


                   ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)

Learned Additional Advocate General submits that

the reference petition filed by the claimant in LAC

No.84/2007 is partly allowed. Aggrieved by this order, the

claimant had filed LAC Appeal No.76/2014 before the III

Additional District Judge, Vijayapur. The said appeal is

dismissed vide judgment and award dated 07.11.2018. It

is further submitted that the Government has not filed any

NC: 2024:KHC-K:5439

appeal against the award passed in LAC No.84/2007.

Since the appeal filed by the claimant is dismissed on

merits, the State is not an aggrieved party, as such, the

present appeal is not maintainable. Accordingly, the

appeal is dismissed.

Consequently, interim applications, if any, do not

survive for consideration.

Sd/-

(ANANT RAMANATH HEGDE) JUDGE

RSP

CT:PK