Karnataka High Court
Sri Chikkamuniyappa vs The Special Land Acquisition Officer ... on 28 October, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2024:KHC:43412
MFA No. 5362 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. 5362 OF 2023 (LAC)
BETWEEN:
1. SRI CHIKKAMUNIYAPPA
S/O LATE KADIRAPPA @ CHANNAKADIRAPPA
AGED ABOUT 72 YEARS,
R/AT NO.73, 2/2,
KUNDALAHALLI VILLAGE,
K.R. PURAM HOBLI,
DODDANAKKUNDI POST,
BENGALURU-560037.
...APPELLANT
(BY SRI. RAJENDRA K.R., ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION
Digitally signed
by DEVIKA M OFFICER (AIRPORT),
Location: HIGH KARNATAKA INDUSTRIAL AREAS
COURT OF DEVELOPMENT BOARD,
KARNATAKA BENGALURU.
2. SRI KADIRAPPA @ CHENNA KADIRAPPA
DEAD BY LRS
3 SRI DODDAPATTABHI
S/O LATE KADIRAPPA @ CHENNA KADIRAPPA
SINCE DEAD BY LRS,
3(a) SRI VENKATESH
S/O LATE DODDAPATTABHI
SINCE DEAD BY LRS
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MFA No. 5362 of 2023
3(a)(i) SMT. MUNIYAMMA
W/O LATE VENKATESH
AGED ABOUT 67 YEARS,
3(a)(ii) SRI V. GOVINDARAO
S/O LATE VENKATESH
AGED ABOUT 50 YEARS,
3(a)(iii) SRI K.V.MUNIKRISHNA
S/O LATE VENKATESH
AGED ABOUT 48 YEARS,
3(a)(iv) SRI K.V. SRINIVAS
S/O LATE VENKATESH
AGED ABOUT 47 YEARS,
3(b) SRI CHANDRAPPA
S/O LATE DODDAPATTABHI
AGED ABOUT 57 YEARS,
3(c) SRI GOVINDA @ GOVINDAPPA
S/O LATE DODDAPATTABHI
AGED ABOUT 55 YEARS,
4. CHIKKAPATTABHI
SINCE DECEASED BY LRS
4(a) SRI NARASIMHAPPA @ NARASIMHAIAH
S/O LATE CHIKKAPATTABHI
AGED ABOUT 65 YEARS
4(b) SRI GANESH
S/O LATE CHIKKAPATTABHI
AGED ABOUT 65 YEARS
4(c) SRI NAGESH
S/O LATE CHIKKAPATTABHI
AGED ABOUT 60 YEARS
4(d) SRI MUNIRAJU C,
S/O LATE CHIKKAPATTABHI
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MFA No. 5362 of 2023
AGED ABOUT 60 YEARS
4(e) SRI SRINIVASA C.,
S/O LATE CHIKKAPATTABHI
AGED ABOUT 58 YEARS
4(f) SRI SUBRAMANI S.,
S/O LATE CHIKKAPATTABHI
AGED ABOUT 47 YEARS
5. SRI SANJEEVAPPA
SINCE DECEASED BY HIS LRS
5(a) NAGARAJA S,
S/O LATE SANJEEVAPPA
AGED ABOUT 61 YEARS,
5(b) SRI MUNIRAJA S,
S/O LATE SANJEEVAPPA
AGED ABOUT 58 YEARS,
5(c) SRI PRAKASH S,
S/O LATE SANJEEVAPPA
AGED ABOUT 52 YEARS,
5(a) TO 5(c) ARE
RESIDING AT NO.2/2, 75,
KUNDALAHALLI VILLAGE,
DODDANAKKUNDI POST
BENGALURU-560037.
6. SRI. S.NARAYANAPPA,
S/O LATE SANJEEVAPPA,
AGED ABOUT 69 YEARS,
R/AT NO.1, 3RD CROSS,
B. CHENNASANDRA,
KALYANAGARA POST,
BENGALURU - 560043.
7. SRI. GULLAPPA,
SINCE DECEASED BY LRS
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MFA No. 5362 of 2023
7(a) SMT. SHAKUNTALA,
W/O SRINIVASAN,
AGED ABOUT 42 YEARS
R/AT KADUGODI PLANTATION
5TH CROSS, NEAR GANGAMMA TEMPLE
DINNUR, BENGALURU.
7(b) SRI. SHANKAR
S/O LATE GULLAPA,
AGED ABOUT 39 YEARS,
PILLA REDDY NAGAR,
OMBR LAYOUT,
DODDABANASWADI POST,
BENGALURU.
8. CHIKKAMUNIYAPPA,
S/O SANJEEVAPPA,
SINCE DECEASED BY RLS
9. SRI. DODDA MUNIYAPPA,
S/O LATE SANJEEVAPPA
SINCE DECEASED BY HIS LRS
10. CHIKKAPPAYYA,
S/O LATE SANJEEVAPPA,
SINCE DECEASED BY HIS LRS
11. SRI. RAJAPPA,
S/O MUNIYAPPA,
MAJOR,
12. SRI N. NARASIMHA RAJU
S/O NARAYANAPPA,
MAJOR,
13. SRI S. MUNIYAPPA,
S/O LATE SANJEEVAPPA,
MAJOR,
14. RATHNAMMA,
W/O LATE CHIKKAMUNIYAPPA,
AGED ABOUT 63 YEARS,
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MFA No. 5362 of 2023
15. SRI NARAYANA SWAMY,
S/O CHIKKAMUNIYAPPA,
MAJOR,
8 TO 15 ARE RESIDING AT
B.CHANNASANDRA VILLAGE,
DODDABANASWADI POST,
BENGALURU - 560043.
...RESPONDENTS
THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION
ACT, AGAINST THE JUDGMENT AND AWARD DATED
02.08.2022 PASSED IN LAC.NO.118/2005 ON THE FILE OF
THE II ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU (CCH.NO. 17), DISMISSING 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:
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 appellant.
2. The order of this Court dated 28.06.2024 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
NC: 2024:KHC:43412
the matter for dismissal. In spite of the order dated
28.06.2024, neither the office objections are complied with nor
the cost is paid.
3. Hence, in view of the order dated 28.06.2024, the
appeal is dismissed for non-compliance of office objections and
non-payment of cost.
Sd/-
(H.P.SANDESH)
JUDGE
ST
