Karnataka High Court
Smt. Narasamma vs The Spl. Land Acquisition Officer on 28 October, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2024:KHC:43411
MFA No. 5321 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO. 5321 OF 2023 (LAC)
BETWEEN:
1. SMT. NARASAMMA
W/O SRI. PRAKASH,
D/O LATE KAYAPPA,
AGED ABOUT 55 YEARS,
2. SRI LOKESH
S/O LATE KAYAPPA,
AGED ABOUT 40 YEARS,
3. SMT. KALAVATHI
W/O SRI. MUNIRAJU,
D/O LATE KAYAPPA,
AGED ABOUT 47 YEARS,
Digitally signed 4. SRI. CHIKKAMUNIYAPPA
by DEVIKA M S/O CHEKKAKADIRAPPA @ KADIRAPPA,
Location: HIGH AGED ABOUT 72 YEARS,
COURT OF
KARNATAKA
ALL ARE RESIDING AT NO.73,
KUNDALAHALLI VILLAGE,
DODDANAKUNDI POST,
BENGALURU-560 037.
...APPELLANTS
(BY SRI. RAJENDRA K.R., ADVOCATE)
AND:
1. THE SPL. LAND ACQUISITION OFFICER
K.I.A.D.B., NO.488/B,
14TH CROSS, 4TH PHASE,
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MFA No. 5321 of 2023
PEENYA INDUSTRIAL AREA,
BENGALURU - 560058.
SRI. KADIRAPPA @ CHINNA KADIRAPP,
DEAD BY LRS
2. SRI. DODDAPATTABHI
S/O LATE KADIRAPPA @ CHENNA KADIRAPPA,
SINCE DEAD BY LRS
2(a) SRI. VENKATESH
S/O LATE DODDAPATTABHI
SINCE DEAD BY LRS
2(a)(i) MUNIYAMMA
W/O LATE VENKATESH,
AGED ABOUT 67 YEARS,
2(a)(ii) SRI V. GOVINDARAO
S/O LATE VENKATESH,
AGED ABOUT 50 YEARS,
2(a)(iii) SRI K.V. MUNIKRISHNA
S/O LATE VENKATESH,
AGED ABOUT 48 YEARS,
2(a)(iv) SRI K.V. SRINIVAS
S/O LATE VENKATESH,
AGED ABOUT 47 YEARS,
2(b) SRI CHANDRAPPA
S/O LATE DODDAPATTABHI,
AGED ABOUT 57 YEARS,
2(c) SRI GOVINDA @ GOVINDAPPA
S/O LATE DODDAPATTABHI,
AGED ABOUT 55 YEARS,
2(d) SRI NARAYANASWAMY
S/O LATE DODDAPATTABHI,
AGED ABOUT 49 YEARS,
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MFA No. 5321 of 2023
2(e) SRI GULLAPPA
S/O LATE DODDAPATTABHI,
AGED ABOUT 50 YEARS,
3. CHIKKAPATTABHI
SINCE DECEASED BY LRS
3(a) SRI NARASIMHAPPA @ NARASIMHAIAH
S/O LATE CHIKKAPATTABHI,
AGED ABOUT 65 YEARS,
3(b) SRI GANESH
S/O LATE CHIKKAPATTABHI,
AGED ABOUT 65 YEARS,
3(c) SRI NAGESH
S/O LATE CHIKKAPATTABHI,
AGED ABOUT 63 YEARS,
3(d) SRI MUNIRAJU C.,
S/O LATE CHIKKAPATTABHI,
AGED ABOUT 60 YEARS,
3(e) SRI SUBRAMANI S.,
S/O LATE CHIKKAPATTABHI,
AGED ABOUT 47 YEARS,
4. SRI SANJEEVAPPA
SINCE DECEASED BY HIS LRS
4(a) NAGARAJA S.,
S/O LATE SANJEEVAPPA,
AGED ABOUT 61 YEARS,
4(b) SRI MUNIRAJA S.,
S/O LATE SANJEEVAPPA,
AGED ABOUT 58 YEARS,
4(c) SRI PRAKASH S.,
S/O LATE SANJEEVAPPA,
AGED ABOUT 52 YEARS,
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MFA No. 5321 of 2023
5. SRI RAMAIAH
S/O LATE KADIRAPPA
SINCE DEAD BY LRS
5(a) SRI. NARASHIMHAMURTHY
S/O LATE RAMAIAH,
RESPONDENT NO.2 TO 5(a)
ARE RESIDING AT 2/2, 75,
KUNDALAHALLI VILLAGE,
DODDANAKKUNDI POST,
BENGLAURU-560 037.
6. SRI NARYANAPPA
S/O LATE SANJEEVAPPA,
AGED ABOUT 67 YEARS,
7. SRI GULLAPPA S
ICNE DECEASED BY LRS
7(a) SMT. SHAKUNTALA
W/O SRINIVASAN,
AGED ABOUT 42 YEARS
RESIDING AT KADUGODI PLANTATION
5TH CROSS, NEAR GANGAMMA TEMPLE,
DINNUR, BENGALURU-43.
7(b). SRI SHANKAR
S/O LATE GULLAPA,
AGED ABOUT 39 YEARS,
PILLA REDDY NAGAR, OMBR LAYOUT,
DODDABANASWADI POST,
BENGALURU-43.
CHIKKAMUNIAPPA
SINCE DECEASED BY LRS
SRI DODDA MUNIYAPPA
S/O LATE SANJEEVAPPA,
AGED ABOUT 72 YEARS,
SINCE DECEASED BY HIS LRS
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MFA No. 5321 of 2023
CHIIKKAYAPPA
S/O LATE SANJEEVAPPA,
SINCE DECEASED BY LRS
8. SRI R. RAJAPPA,
S/O MUNIYAPPA
MAJOR.
9. SRI N. NARASIMHA RAJU
S/O NARAYANAPPA
MAJOR.
10. SRI S. MUNIYAPPA
S/O LATE SANJEEVAPPA
MAJOR.
11. SMT. RATNAMMA
W/O CHIKKAMUNIYAPPA
MAJOR.
12. SRI NARAYANA SWAMY
S/O CHIKKAMUNIYAPPA
MAJOR.
RESPONDENTS NO.8 TO 12 ARE
RESIDING AT B.CHANNASANDRA VILLAGE,
DODDABANASWADI POST,
BENGALURU - 560 043.
...RESPONDENTS
THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION
ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.03.2023
PASSED IN LAC.NO.117/2005 ON THE FILE OF THE II
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
(CCH NO. 17), PARTLY ALLOWING THE REFERENCE PETITION
FILED UNDER SECTION 30 AND 31 OF THE LAND ACQUISITION
ACT, 1894.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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MFA No. 5321 of 2023
CORAM: HON'BLE MR JUSTICE H.P.SANDESH
ORAL JUDGMENT
This matter is called twice in the morning and also in the
afternoon and no representation on behalf of the appellants.
2. The order of this Court dated 19.07.2024 is very
clear that already sufficient time is granted and further time
can be granted only on cost and also imposed cost of
Rs.2,000/- and granted two weeks time to comply with the
office objections. It is also made clear that, if the cost is not
paid and the office objections are not complied, Registry to list
the matter for dismissal. In spite of the order dated
19.07.2024, neither the office objections are complied with nor
the cost is paid.
3. Hence, in view of the order dated 19.07.2024, the
appeal is dismissed for non-compliance of office objections and
non-payment of cost.
Sd/-
(H.P.SANDESH)
JUDGE
ST
