Karnataka High Court
Sabanna S/O Mallappa vs The Asst. Commissioner And Anr on 28 May, 2024
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NC: 2024:KHC-K:3329
MSA No. 200029 of 2014
C/W MSA No. 200035 of 2014
MSA No. 200314 of 2021
MSA No. 200511 of 2021
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 28TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MRS JUSTICE K S HEMALEKHA
MISCL SECOND APPEAL NO. 200029 OF 2014 (LAC)
C/W
MISCL SECOND APPEAL NO. 200035 OF 2014(LAC)
MISCL SECOND APPEAL NO. 200314 OF 2021(LAC)
MISCL SECOND APPEAL NO. 200511 OF 2021(LAC)
IN MSA NO.200029/2014:
BETWEEN:
Digitally signed SABANNA S/O MALLAPPA
by SUMITRA
SHERIGAR AGE: 35 YEARS, OCC: AGRICULTURE
Location: High R/O. NALWAR VILLAGE-585218,
Court of
Karnataka TQ: CHITTAPUR,
DIST: GULBARGA.
...APPELLANT
(BY SRI K.A. KAREDDY, ADVOCATE (ABSENT))
AND:
1. THE ASST. COMMISSIONER &
LAND ACQUISITION OFFICER,
SEDAM-585222,
DIST: GULBARGA.
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NC: 2024:KHC-K:3329
MSA No. 200029 of 2014
C/W MSA No. 200035 of 2014
MSA No. 200314 of 2021
MSA No. 200511 of 2021
2. EXECUTIVE ENGINEER
PWD SUB-DIVISION
OLD JEWARGI ROAD,
GULBARGA-585102.
...RESPONDENTS
(BY SRI RAJKUMAR A. KORWAR, HCGP)
THIS MSA IS FILED U/S 54(2) OF THE LAND
ACQUISITION ACT, PRAYING TO ALLOW THE APPEAL WITH
COSTS AND THE JUDGMENT AND AWARD DATED 16.06.2010
PASSED BY THE IV ADDL. DISTRICT JUDGE GULBARGA IN
LACA NO.31/2009, BE MODIFIED BY ENHANCING THE AMOUNT
OF COMPENSATION AT RS.1,11,600/- PER ACRE WITH ALL
STATUTORY BENEFITS AND WITH PROPORTIONATE COSTS.
IN MSA NO.200035/2014:
BETWEEN:
SHARFUDDIN S/O ANSAR SAB,
AGE: 32 YEARS, OCC: AGRICULTURE
R/O. NALWAR VILLAGE-585218,
TQ: CHITTAPUR,
DIST: GULBARGA.
...APPELLANT
(BY SRI K.A. KAREDDY, ADVOCATE, (ABSENT))
AND:
1. THE ASST. COMMISSIONER &
LAND ACQUISITION OFFICER,
SEDAM-585222,
DIST: GULBARGA.
2. EXECUTIVE ENGINEER
PWD SUB-DIVISION
OLD JEWARGI ROAD,
GULBARGA-585102.
...RESPONDENTS
(BY SRI RAJKUMAR KORWAR, HCGP)
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NC: 2024:KHC-K:3329
MSA No. 200029 of 2014
C/W MSA No. 200035 of 2014
MSA No. 200314 of 2021
MSA No. 200511 of 2021
THIS MSA IS FILED U/S 54(2) OF THE LAND
ACQUISITION ACT, PRAYING TO ALLOW THE APPEAL WITH
COSTS AND THE JUDGMENT AND AWARD DATED 29.01.2010
PASSED BY THE III ADDL. DISTRICT JUDGE GULBARGA IN
LACA NO.29/2009 BE MODIFIED BY ENHANCING THE AMOUNT
OF COMPENSATION AT RS.1,11,600/- PER ACRE WITH ALL
STATUTORY BENEFITS AND WITH PROPORTIONATE COSTS.
IN MSA NO.200314/2021:-
BETWEEN:
HUSSAINAPPA S/O BHIMANNA
AGE: 35 YEARS, OCC: AGRICULTURE
R/O. NALWAR, TQ: CHITTAPUR,
DIST: GULBARGA.
...APPELLANT
(BY SRI KAREDDY SHARANABASAPPA APPANAGOUDA,
ADVOCATE (ABSENT))
AND:
1. THE ASST. COMMISSIONER AND
LAND ACQUISITION OFFICER,
SEDAM-585222,
DIST: KALABURAGI.
2. EXECUTIVE ENGINEER
PWD SUB-DIVISION
OLD JEWARGI ROAD,
KALABAURAGI-585102.
3. THE DEPUTY COMMISSIONER
KALABURAGI-585102.
...RESPONDENTS
(BY SRI RAJKUMAR KORWAR HCGP)
THIS MSA IS FILED U/S 54(2) OF THE LAND
ACQUISITION ACT, PRAYING TO ALLOW THE APPEAL WITH
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NC: 2024:KHC-K:3329
MSA No. 200029 of 2014
C/W MSA No. 200035 of 2014
MSA No. 200314 of 2021
MSA No. 200511 of 2021
COSTS AND THE JUDGMENT AND AWARD DATED 30.11.2016
PASSED BY THE I ADDL. DISTRICT JUDGE KALABURAGI IN
LACA NO.292/2015 BE MODIFIED BY ENHANCING THE AMOUNT
OF COMPENSATION AT RS.7,53,400/- PER ACRE WITH ALL
STATUTORY BENEFITS AND WITH PROPORTIONATE COSTS.
IN MSA NO.200511/2021:-
BETWEEN:
SHAIK HUSSAIN S/O SHAIK ALI
SINCE DEAD THROUGH LRS.
RAFIQ S/O SHAIK HUSSAIN
SINCE DEAD THROUGH HIS LR.
AMMENABEE W/O LATE RAFIQ
AGE: 51 YEARS, OCC: AGRICULTURE,
R/O. NALWAR, TQ. CHITTAPUR,
DIST: KALABURAGI.
...APPELLANT
(BY SRI KAREDDY SHARANABASAPPA APPANAGOUDA,
ADVOCATE (ABSENT))
AND:
1. THE ASST. COMMISSIONER AND
LAND ACQUISITION OFFICER,
SEDAM-585222,
DIST: KALABURAGI.
2. EXECUTIVE ENGINEER
PWD SUB-DIVISION
OLD JEWARGI ROAD,
KALABAURAGI-585102.
3. THE DEPUTY COMMISSIONER
KALABURAGI-585102.
...RESPONDENTS
(BY SRI RAJKUMAR KORWAR, HCGP)
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NC: 2024:KHC-K:3329
MSA No. 200029 of 2014
C/W MSA No. 200035 of 2014
MSA No. 200314 of 2021
MSA No. 200511 of 2021
THIS MSA IS FILED U/S 54(2) OF THE LAND
ACQUISITION ACT, PRAYING TO ALLOW THE APPEAL WITH
COSTS AND THE JUDGMENT AND AWARD DATED 30.11.2016
PASSED BY THE I ADDL. DISTRICT JUDGE KALABURAGI IN
LACA NO.290/2015, BE MODIFIED BY ENHANCING THE
AMOUNT OF COMPENSATION AT RS.7,53,400/- PER ACRE
WITH ALL STATUTORY BENEFITS AND WITH PROPORTIONATE
COST.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
There is no representation on behalf of the appellants.
2. Sri Rajkumar Korwar, learned High Court
Government Pleader for respondents is present.
3. Accompanied applications with the appeals are to
condone the delay of several days in filing all these appeals.
This Court on 03.11.2023 noted the absence of learned counsel
for the appellants, however, in order to afford an opportunity
matter stood adjourned to next date. The appeals are of the
years 2014 and 2021.
4. It appears the appellants are not interested in
prosecuting the appeals, hence, this Court has no option except
NC: 2024:KHC-K:3329
to dismiss the appeals for non-prosecution. Accordingly, the
appeals are dismissed for non-prosecution.
Sd/-
JUDGE
SBS
