Dismissed

Hanamappa S/O Laxmappa Gadigennavar v. the Special Land Acquisition Officer

Karnataka HC18 Oct 2022MSA/100095/2017

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed two miscellaneous second appeals under Section 54(2) of the Land Acquisition Act after noting a five-year pendency. The appeals were rejected for non-prosecution as the appellants failed to appear or present representations after being called twice for final hearing.

What did the court decide?

The Miscellaneous Second Appeals were dismissed for non-prosecution.

Hanamappa S/O Laxmappa Gadigennavar Vs the Special Land… — Land Acquisition | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 18^TH DAY OF OCTOBER, 2022

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BEFORE

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THE HON’BLE MS. JUSTICE JYOTI MULIMANI

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M.S.A. NO.100094 OF 2017 (LA) C/W

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M.S.A. NO.100095 OF 2017

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IN M.S.A.NO.100094/2019

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BETWEEN:

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BASAPPA

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S/O LAXMAPPA GADIGENNAVAR AGE: 72 YEARS, OCC: AGRICULTURE, R/O: TULASIGERI, TQ: BAGALKOTE, DIST. BAGALKOTE-587101. ...APPELLANT

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(BY SRI.LINGRAJ MARADI, ADVOCATE, (ABSENT))

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AND:

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THE SPECIAL LAND ACQUISITION OFFICER, MLBC-III, DHARWAD-580007.

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THE EXECUTIVE ENGINEER, KNNL LTD., MLBC, DIVISION NO:1, GADDANAKERI, BAGALKOTE, TALUK AND DISTRICT-587101.

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… RESPONDENTS

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(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI RAMESH N. MISALE, ADVOCATE FOR R2.)

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THIS MISCELLANOUS SECOND APPEAL IS FILED UNDER SEC. 54(2) OF LANC ACQUISITION ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE II ADDL. SENIOR

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CIVIL JUDGE BAGALKOTE IN LAC NO.247/2009 DATD 07.08.2012 AND JUDGMENT AND AWARD PASSED IN L.A.C.A.NO. 28/2013 PASSED BY PRINCIPAL DISTRICT AND SESSIONS JDUGE BAGALKOTE DATED 16.03.2017 BY ALLOWING THIS APPEAL BY ENHANCING THE MARKET VALUE RS.4,13,820 TO RS.8,69,022 PER ACRE.

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IN M.S.A.NO.100095/2019

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BETWEEN:

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HANAMAPPA

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S/O LAXMAPPA GADIGENNAVAR AGE: 46 YEARS, OCC: AGRICULTURE, R/O: TULASIGERI, TQ: BAGALKOTE, DIST. BAGALKOTE – 587 204. ...APPELLANT

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(BY SRI.LINGRAJ MARADI, ADVOCATE, (ABSENT))

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AND:

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THE SPECIAL LAND ACQUISITION OFFICER, MLBC-III, DHARWAD – 580 007.

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THE EXECUTIVE ENGINEER, KNNL LTD., MLBC, DIVISION NO:1, GADDANAKERI, BAGALKOTE, TALUK AND DISTRICT-587101.

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… RESPONDENTS

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(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI RAMESH N. MISALE, ADVOCATE FOR R2.)

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THIS MISCELLANOUS SECOND APPEAL IS FILED UNDER SEC. 54(2) OF LANC ACQUISITION ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE II ADDL. SENIOR CIVIL JUDGE BAGALKOTE IN LAC NO.248/2009 DATD 07.08.2012 AND JUDGMENT AND AWARD PASSED IN L.A.C.A.NO. 29/2013 PASSED BY PRINCIPAL DISTRICT AND SESSIONS JDUGE BAGALKOTE DATED 16.03.2017 BY ALLOWING THIS APPEAL BY ENHANCING THE MARKET VALUE Rs.4,13,820 TO Rs.8,69,022 PER ACRE.

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THESE MISSCELLANOUS SECOND APPEALS ARE COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Though matter called twice, there is no representation on behalf of appellant.

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These appeals are listed today for final hearing.

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As could be seen from the appeal papers, the appeals are of the year 2017. Now we are in the month of October 2022. The appeals are pending before this Court for five years.

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As already noted above, though matter called twice, there is no representation on behalf of appellant. Hence, the Miscellaneous Second Appeals are dismissed for nonprosecution.

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Sd/JUDGE

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TKN

Hanamappa S/O Laxmappa Gadigennavar v. the Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

Hanamappa S/O Laxmappa Gadigennavar v. the 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

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