Dismissed

Keshappa S/O Konappa Lamani v. Special Land Acquisition Officer

Karnataka HC17 Apr 2021WA/100032/2021

Case brief

AI extract

What is this about?

The High Court dismissed this writ appeal filed under S. 4 of the Karnataka High Court Act, 1961. The appeal sought to set aside a judgment where the lower Writ Court dismissed a petition against land acquisition without award challenge. The High Court upheld the lower order, stating the appeal was devoid of merits due to the failure to challenge the award initially.

What did the court decide?

Writ appeal dismissed; pending I.A. does not survive for consideration.

Keshappa S/O Konappa Lamani Vs Special Land Acquisition… — Land Acquisition | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 17^TH DAY OF APRIL, 2021

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PRESENT

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THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR

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AND

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THE HON’BLE MR.JUSTICE E.S.INDIRESH

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WA NO.100032/2021 (LA-RES)

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BETWEEN

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KESHAPPA S/O KONAPPA LAMANI AGE 66 YEARS, OCC AGRICULTURIST, R/O MUCHAKANDI, TQ BAGALKOTE, TQ AND DIST BAGALKOT

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SHANTABAI W/O DEVALAPPA NAYAK AGE 59 YEARS, OCC HOUSEHOLD, R/O MUCHAKANDI, TQ BAGALKOT, DIST BAGALKOT

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…APPELLANTS

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(BY SRI.BASAVARAJ GODACHI, ADVOCATE)

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AND

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SPECIAL LAND ACQUISITION OFFICER BTDA BAGALKOT, BAGALKOT DISTRICT, BAGALKOT-587101.

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…RESPONDENT

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(BY SRI.SHIVAPRABHU S HIREMATH, AGA)

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THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON’BLE COURT TO ALLOW THIS WRIT APPEAL BY SETTING ASIDE THE JUDGMENT DATED 09.11.2020 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.146960/2020 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

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: 2 :

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THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, SREENIVAS HARISH KUMAR J., DELIVERED THE FOLLOWING:

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JUDGMENT

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Heard the appellants’ counsel. The appellants are writ petitioners, their Writ Petition No.146960/2020 was dismissed by the Writ Court on 9^th November, 2020. The appellants’ land and house were acquired by the respondent in connection with Upper Krishna Project Stage-I. After notification they filed statement of objections on 20.07.2015 contending that their house where they were living should not be acquired. But the Land Acquisition Officer acquired appellants’ house and also lands and then passed an award on 27.01.2017. Without challenging the award, the appellants filed writ petition seeking writ of mandamus to consider their representation or objections dated 20.07.2015. The Writ Court having observed that the award should have been challenged, dismissed the writ petition.

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We do not find any infirmity in the order passed by the Writ Court. The appellants should have challenged

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: 3 :

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the award and cannot try to put the clock back. Appeal is devoid of merits and is dismissed.

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In view of the above, pending I.A. does not survive for consideration.

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Learned Additional Government Advocate,

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Sri.Shivaprabhu S Hiremath is permitted to file memo of

appearance.

Sd/-

JUDGE

Sd/-

JUDGE

Keshappa S/O Konappa Lamani v. Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

Keshappa S/O Konappa Lamani v. Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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