Disposed

Deputy Chief Engineer (Construction) v. Smt. Susheelamma

Karnataka HC6 Sept 2021WA/96/2021

Case brief

AI extract

What is this about?

The High Court bench disposed of the intra-court appeal noting that the reference court had already adjudicated the claim and passed an award on 21.10.2020, rendering the appeal redundant. The appellant was granted liberty to challenge the award separately.

What did the court decide?

The appeal is disposed of with liberty to the appellant to challenge the award dated 21.10.2020 on available legal grounds.

Deputy Chief Engineer (Construction) Vs Smt. Susheelamma — Land Acquisition | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF SEPTEMBER 2021

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PRESENT

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THE HON’BLE MR. JUSTICE ALOK ARADHE

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AND

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THE HON’BLE MR.JUSTICE HEMANT CHANDANGOUDAR

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W.A. NO.96 OF 2021 (LA-RES)

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BETWEEN:

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DEPUTY CHIEF ENGINEER (CONSTRUCTION) SOUTH WESTERN RAILWAY #18, MILLERS ROAD CONTONMENT BENGALURU - 560048

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... APPELLANT

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(BY SRI. ABHINAY Y.T., ADVOCATE)

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AND:

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SMT. SUSHEELAMMA WIFE OF ANANTHA SHESHU AGED ABOUT 72 YEARS RESIDING AT KOTE EXTENSION CHIKKAMAGALURU TOWN KARNATAKA - 577101

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LAND ACQUISITION OFFICER AND THE ASSISTANT COMMISSIONER REVENUE SUB-DIVISION CHIKKAMAGALURU KARNATAKA - 577101

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... RESPONDENTS

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(BY SRI.A.V. GANGADHARAPPA, ADVOCATE FOR R1; SRI. S. RAJASHEKAR, AGA for R2)

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER dated 16.03.2020 PASSED IN THE WRIT PETITION NO.4412944130/2016 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT AND CONSEQUENTLY DISMISS THE WRIT PETITIONS.

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THIS W.A. COMING ON FOR PRELIMINARY HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

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JUDGMENT

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Sri. Abhinay Y.T., learned counsel for the

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appellant.

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Sri. A.V. Gangadharappa, learned counsel for respondent No.1.

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Sri. S. Rajashekar, learned AGA for respondent No.2.

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In this intra Court appeal filed under Section 4 of the Karnataka High Court Act, 1961, the appellant has assailed the validity of the order dated 16.03.2020 passed by the learned Single Judge by which the order passed by the reference Court was set aside and the matter was remitted to the reference Court for adjudication of the claim of the appellant.

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Admittedly, the claim of the appellant has

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been adjudicated on 21.10.2020 by the reference Court and the award has been passed. Therefore, nothing survives for adjudication in this appeal.

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Accordingly, the appeal is disposed of with liberty to the appellant to challenge the award dated 21.10.2020 on the grounds as are available to him under law and all such contentions including the contention raised in this appeal.

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Sd/JUDGE

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Sd/JUDGE

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Mds.

Deputy Chief Engineer (Construction) v. Smt. Susheelamma

Case brief

What is this about?

What did the court decide?

Deputy Chief Engineer (Construction) v. Smt. Susheelamma

Case brief

What is this about?

What did the court decide?

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