Allowed

Smt.Susheela W/O Yallappa Munnavalli v. the Special Land Acquisition Officer

Karnataka HC19 Sept 2019WP/112533/2019

Case brief

AI extract

What is this about?

Single Judge set aside a lower court judgment lacking jurisdiction under the Land Acquisition Act, 2013, and remanded the matter to the Principal District Judge within two months, disposing of the writ petition.

What did the court decide?

Impugned order of Senior Civil Judge set aside; matter remanded to Principal District Judge to be disposed within two months.

Smt.Susheela W/O Yallappa Munnavalli Vs the Special Land… — Land Acquisition | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 19^TH DAY OF SEPTEMBER, 2019

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BEFORE

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THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV

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WRIT PETITION NO.112533 OF 2019 (LA-RES)

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BETWEEN

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SMT.SUSHEELA W/O YALLAPPA MUNNAVALLI AGE: 53 YEARS, OCC: AGRICULTURE, R/O: RAMAPUR SIT, TQ: SAUNDATTI, DIST: ELAGAVI.

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PANCHAPPA S/O BASAPPA MUNNAVALLI AGE: 56 YEARS, OCC: AGRICULTURE, RAMAPUR SITE, TQ: SAUNDATTI, DIST: BELAGAVI.

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... PETITIONERS

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(BY SRI.K ANANDKUMAR,ADV.)

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AND

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THE SPECIAL LAND ACQUISITION OFFICER MALPRABHA PROJECT, NO.3, DHARWAD, DIST: DHARWAD.

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THE EXECUTIVE ENGINEER M.L.B.C.,NAVILUTEERTH DIVISION NO.2, TAL: SAUNDATTI, DIST: BELAGAVI.

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... RESPONDENTS (BY SMT.SEEMA SHIVA NAIK, HCGP FOR R1)

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(BY SRI.G.K.HIREGOUDAR, ADV. FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO WRIT IN THE NATURE OF CERTIORARI OF ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION QUASHING THE JUDGMENT DATED 17.08.2016 PASSED BY THE SENIOR CIVIL JUDGE AT SAUNDATTI IN LAC NO.05/2015, AS PER ANNEXURE-C.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT, MADE THE FOLLOWING:

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ORDER

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The petitioner has sought for a writ in the nature of certiorari to quash the judgment dated 17.08.2016 passed by the Senior Civil Judge, Saundatti in LAC No.05/2015 as per Annexure-C.

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It is submitted that the impugned order is without any jurisdiction, in view of the bar under Section 63 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, where under there is a bar for the civil Court to exercise the jurisdiction.

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It is submitted that, as per the impugned

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order, power has been exercised by the Senior Civil Judge, Saundatti. In a similar matter in W.P.No.103678/2016 called along with other matters,

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this Court by order dated 07.02.2017 set aside the

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order passed by the Senior Civil Judge and held that the impugned orders are without jurisdiction and the matter with regard to enhancement was directed to be placed, before the Principal District Judge. It further provided that the matters were required to be disposed of, once they were placed before the competent Judge in an expeditious manner. The said order of the learned Single Judge has been confirmed by the Division Bench of this Court in W.A.No.100150/2017 dated

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25.07.2017.

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Both the counsel state that the present

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matter is covered by the judgment of the learned Single Judge as affirmed by the Division Bench.

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In view of the same, the present petition is disposed of in terms of the order dated 07.02.2017 passed in W.P.No.103678/2016 along with connected matters and subsequently, affirmed in W.A.No.100150/2017.

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Accordingly, the impugned order is set aside

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and the matter is directed to be placed before the Principal District Judge. The said transferred matter to be disposed of within two months.

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Accordingly, the petition is disposed of .

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It is made clear that in view of the order passed the lower court records must be sent to the Court of the Principal District Judge by the Senior Civil Judge, Saundatti forthwith not later than a week of receiving certified copy of the order.

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Sd/JUDGE

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Hmb

Smt.Susheela W/O Yallappa Munnavalli v. the Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

Smt.Susheela W/O Yallappa Munnavalli v. the Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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