Sri Shivakumar vs State Of Karnataka
2024 Latest Caselaw 25608 Kant

Karnataka High Court

Sri Shivakumar vs State Of Karnataka on 28 October, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                -1-
                                                          NC: 2024:KHC:43410
                                                         MFA No. 131 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. 131 OF 2023 (LAC)

                   BETWEEN:

                   1.    SRI SHIVAKUMAR
                         S/O LATE MANJEGOWDA,
                         AGED ABOUT 57 YEARS,

                   2.    K.M. BHARATHI
                         W/O LATE RAMAKRISHNA,
                         AGED ABOUT 52 YEARS,

                   3.    K.M.PARAMESH
                         S/O LATE MANJEGOWDA,
                         AGED ABOUT 47 YEARS,

                   4.    SMT. DHANALAKSHMI
                         W/O RAJAIKANTH,
                         AGED ABOUT 44 YEARS,
Digitally signed
by DEVIKA M
Location: HIGH           ALL ARE R/AT DOOR NO.402,
COURT OF                 11TH CROSS, KUVEMPUNAGAR,
KARNATAKA
                         HASSAN-573201.
                                                                ...APPELLANTS

                              (BY SRI. SHARADAMBA A.R., ADVOCATE)
                   AND:

                   1.    STATE OF KARNATAKA
                         BY SPECIAL LAND ACQUISITION OFFICER,
                         H.R.P.2, OFFICE OF THE
                         DEPUTY COMMISSIONER,
                         1ST FLOOR,
                         HASSAN-573201.
                                -2-
                                             NC: 2024:KHC:43410
                                           MFA No. 131 of 2023




2.   UNION OF INDIA
     REP. BY THE DEPUTY CHIEF ENGINEER
     (CONSTRUCTION),
     SOUTH WESTERN RAILWAY,
     MYSORE DIVISION,
     MYSORE-570001.
                                                ...RESPONDENTS

     THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION
ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.07.2022
PASSED IN LAC NO.25/2013 ON THE FILE OF THE COURT OF
ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HASSAN,
PARTLY ALLOWING THE REFERENCE PETITION U/S.18(1) OF
LAND ACQUISITION ACT.

    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 appellants.

2. The order of this Court dated 18.06.2024 is very

clear that already sufficient time is granted and further time

can be granted only on cost and also imposed cost of

Rs.1,000/- to pay the same within one week and granted a

week's time to comply with the office objections. It is also

made clear that, if the cost is not paid and office objections are

not complied, Registry to list the matter for dismissal. In spite

NC: 2024:KHC:43410

of the order dated 18.06.2024, neither the office objections are

complied with nor the cost is paid.

3. Hence, in view of the order dated 18.06.2024, the

appeal is dismissed for non-compliance of office objections and

non-payment of cost.

Sd/-

(H.P.SANDESH) JUDGE

ST