The High Court held that an appeal filed under the Land Acquisition Act, 1894, with a valuation below Rs.10 lakh under the Karnataka Civil Courts Act, 1964, is not maintainable before it.
The appeal was dismissed as not maintainable before this Court, and it was directed to be presented before the Jurisdictional District Judge.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF MARCH, 2021
BEFORE
THE HON’BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL No.8574 OF 2017 (LAC)
BETWEEN :
THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO.488/B, 14TH CROSS, KIADB BUILDING 3RD BLOCK, 4TH STAGE, PEENYA INDUSTRIAL ESTATE BANGALORE - 560 056.
... APPELLANT
(BY SRI SOMASHEKHAR, ADVOCATE FOR SRI B.B. PATIL, ADVOCATE)
AND :
S/O LATE BYRAMMA AGED ABOUT 65 YEARS, ABBANAKUPPE VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK - 562 109.
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ALL ARE R/AT ABBANAKUPPE VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK - 562 109.
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ABBANAKUPPE VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK - 562 109. 10. GIRIKUMAR, S/O LATE GANGADHAR, AGED ABOUT 38 YEARS, ABBANAKUPPE VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK - 562 109.
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...RESPONDENTS
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT, 1894, CHALLENGING THE JUDGMENT DATED 02.11.2012 PASSED BY THE LEARNED ADDITIONAL SENIOR CIVIL JUDGE, RAMANAGARA IN LAC NO.13/2008.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Sri.Somashekhar, learned counsel appearing on behalf of Sri.B.B.Patil, for appellant has appeared inperson.
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Counsel submits that this Court may be pleased to order that the appeal papers to be returned to appellant with a liberty to present the papers before Jurisdictional District Judge.
Submission is noted. This appeal is to be presented before the jurisdictional District Judge.
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It is needless to observe that the Court fee paid on the appeal memo will hold good even before the Court where the papers would be represented.
Sd/JUDGE
VMB
1 issue framed by the court
Whether the appeal presented to this High Court is maintainable given the valuation of Rs.6,90,000 falls below the Rs.10,00,000 jurisdictional limit for the High Court.
2 provisions across 2 enactments
THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD
SRI RAMAIAH
JYOTI MULIMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
