The State Of Karnataka vs Saidu S/O Husen Gaddi
2024 Latest Caselaw 25231 Kant

Karnataka High Court

The State Of Karnataka vs Saidu S/O Husen Gaddi on 22 October, 2024

Author: H.T.Narendra Prasad

Bench: H.T.Narendra Prasad

                                               -1-
                                                        NC: 2024:KHC-D:15264-DB
                                                      MFA No. 103690 of 2024




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                           DATED THIS THE 22ND DAY OF OCTOBER 2024
                                            PRESENT
                         THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
                                               AND
                           THE HON'BLE MR. JUSTICE VENKATESH NAIK T

                   MISCELLANEOUS FIRST APPEAL NO. 103690 OF 2024 (LAC)


                   BETWEEN:

                   1.    THE STATE OF KARNATAKA
                         REPRESENTED BY DEPUTY COMMISIIONER,
                         BAGALKOTE-587301.

                   2.    THE SPECIAL LAND ACQUISITION OFFICER
                         AND ASSISTANT COMMISSIONER,
                         JAMKAHANDI-587301.
                                                                ...APPELLANTS
                   (BY SRI. PRAVEEN K.UPPAR, ADDL. GOVT. ADVOCATE)

                   AND:

                   1.    SAIDU S/O. HUSEN GADDI
Digitally signed         AGE: 73 YEARS, OCC: AGRICULTURE,
by MANJANNA E
Location: HIGH           R/O. MUDHOL, TQ: MUDHOL,
COURT OF
KARNATAKA                DISTRICT: BAGALKOT.
DHARWAD
BENCH
Date: 2024.10.26
10:33:33 +0530     2.    AMEERBI W/O. MEHABOOB GADDI
                         AGE: 30 YEARS, OCC: AGRICULTURE,
                         R/O. MUDHOL, TQ: MUDHOL,
                         DISTRICT: BAGALKOT.

                   3.    JAKIRHUSEN S/O. MEHABOOB GADDI
                         AGE: 38 YEARS, OCC: AGRICULTURE,
                         R/O. MUDHOL, TQ: MUDHOL, DIST: BAGALKOT.

                   4.    ABDULRAZAK S/O. MEHABOOB GADDI
                         AGE: 36 YEARS, OCC: AGRICULTURE,
                         R/O. MUDHOL, TQ: MUDHOL, DIST: BAGALKOT.
                               -2-
                                       NC: 2024:KHC-D:15264-DB
                                     MFA No. 103690 of 2024




5.   MAHAMMADRAFIQ S/O. MEHABOOB GADDI
     AGE: 34 YEARS, OCC: AGRICULTURE,
     R/O. MUDHOL, TQ: MUDHOL, DIST: BAGALKOT.

6.   JAVED S/O. MEHABOOD GADDI
     AGE: 32 YEARS, OCC: AGRICULTURE,
     R/O. MUDHOL, TQ: MUDHOL, DIST: BAGALKOT.

7.   SAJID S/O. MEHABOOB GADDI
     AGE: 30 YEARS, OCC: AGRICULTURE,
     R/O. MUDHOL, TQ: MUDHOL, DIST: BAGALKOT.

                                              ...RESPONDENTS

     THIS MFA IS FILED U/SEC.74 (1) OF RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT, 2013, PRAYING TO,
CALL FOR RECORDS ON THE FILE OF 1ST ADDITIONAL DISTRICT
AND SESSIONS JUDGE BAGALKOT TO SIT AT JAMKHANDI AND
THE LAND ACQUISITION REHABILITATION AND RESETTLEMENT
AUTHORITY JAMAKHANDI LAC NO. 5275/2021 DATED 06/11/2023
BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND
ETC.
    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:      THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
                                 AND
              THE HON'BLE MR. JUSTICE VENKATESH NAIK T

                       ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)

This appeal is filed by the State under Section 74(1) of

the Right to Fair Compensation and Transparency in Land

Acquisition Rehabilitation and Resettlement Karnataka Act,

2013 (hereinafter referred to as 'the Act', for short),

NC: 2024:KHC-D:15264-DB

challenging the judgment and award dated 06.11.2023

passed by the learned I Additional District and Sessions

Judge, Bagalkot to sit at Jamkhandi, in LAC No.5275/2021.

2. There is a delay of 225 days in filing the appeal,

which is beyond the statutory permissible limit under the

provisions of the Act.

3. In view of the judgment of co-ordinate Bench of

this Court in MFA No.102543/2022, disposed off on

23.09.2024, the present appeal is not maintainable.

4. Accordingly, this appeal is dismissed in terms

of judgment of this Court in MFA No.102543/2022, dated

23.09.2024. As a consequence, pending applications, if

any, do not survive for consideration.

Sd/-

(H.T.NARENDRA PRASAD) JUDGE

Sd/-

(VENKATESH NAIK T) JUDGE KMV Ct:vh