Dismissed

The Deputy Chief Engineer v. Sri H R Shivappa

Karnataka HC24 Nov 2022MSA/88/2015

Case brief

AI extract

What is this about?

The Karnataka High Court dismissed five miscellaneous second appeals filed under Section 54(2) of the Land Acquisition Act. The court observed that the related appeal MSA No.89 of 2015 was dismissed on 09.07.2019, and disposed of the instant appeals on similar terms.

What did the court decide?

The appeals were dismissed on similar terms to MSA No.89 of 2015, and connected interims disposed of.

The Deputy Chief Engineer Vs Sri H R Shivappa — Land Acquisition | Karnataka HC (2022)

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MSA No. 93 of 2015

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C/W MSA No. 88 of 2015 MSA No. 90 of 2015 MSA No. 92 of 2015 MSA No. 94 of 2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH DAY OF NOVEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN

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MISCELLANEOUS SECOND APPEAL NO. 93 OF 2015

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C/W

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MISCELLANEOUS SECOND APPEAL NO. 88 OF 2015 MISCELLANEOUS SECOND APPEAL NO. 90 OF 2015 MISCELLANEOUS SECOND APPEAL NO. 92 OF 2015

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MISCELLANEOUS SECOND APPEAL NO. 94 OF 2015

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BETWEEN:

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THE DEPUTY CHIEF ENGINEER (CONSTURCTIONS)

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SOUTH WESTERN RAILWAY

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#18, MILLERS ROAD, CANTONMENT BENGALURU - 560 048.

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Digitally signed by V MANJUSHA BAI Location: High Court of Karnataka

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…APPELLANT (COMMON)

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(BY SRI N. BYREGOWDA, ADVOCATE FOR SRI ABHINAY Y.T., ADVOCATE)

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IN MSA NO.93 OF 2015:

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AND:

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CHANNAKESHAVA S/O. MATOORU GANGANNA

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MSA No. 93 of 2015

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C/W MSA No. 88 of 2015 MSA No. 90 of 2015 MSA No. 92 of 2015 MSA No. 94 of 2015

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AGED MAJOR HIREMAGALUR, CHIKKAMAGALUR TALUK CHIKKAMAGALUR - 577 101.

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THE LAND ACQUISITION OFFICER & ASSISTANT COMMISSIONER CHIKKAMAGALUR - 577 101.

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…RESPONDENTS

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(BY SRI G. RAVISHANKAR, FOR SRI A.V. GANGADHARAPPA, ADVOCATES FOR R.1)

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THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 19.07.2013 PASSED IN LAC APPEAL No.1/2012 BY THE PRINCIPAL DISTRICT JUDGE AT CHIKKAMAGALUR AND ORDER DATED 16.04.2008 PASSED IN LAC NO.89 OF 2006 PASSED BY CIVIL JUDGE (SR.DN.) AND CJM., AT CHIKKAMAGALUR, IN THE INTEREST OF JUSTICE AND EQUITY.

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IN MSA NO.88 OF 2015:

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AND:

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SRI. H.R. SHIVAPPA, SON OF RAMAIAH, AGED MAJOR, HIREMAGALUR, CHIKKAMAGALUR TALUK CHIKKAMGALUR - 577 101.

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THE LAND ACQUISITION OFFICER & ASSISTANT COMMISSIONER CHIKKAMAGALUR - 577 101.

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…RESPONDENTS

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(BY SRI G. RAVISHANKAR, FOR SRI A.V. GANGADHARAPPA, ADVOCATES FOR R.1)

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MSA No. 93 of 2015

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C/W MSA No. 88 of 2015 MSA No. 90 of 2015 MSA No. 92 of 2015 MSA No. 94 of 2015

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THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 19.07.2013 PASSED IN LAC APPEAL No.5/2012 BY THE PRINCIPAL DISTRICT JUDGE AT CHIKKAMAGALUR AND ORDER DATED 16.04.2008 PASSED IN LAC NO.17 OF 2006 PASSED BY CIVIL JUDGE (SR.DN.) AND CJM., AT CHIKKAMAGALUR, IN THE INTEREST OF JUSTICE AND EQUITY.

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IN MSA NO.90 OF 2015:

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AND:

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SRI. DEGUNDAPPA, SON OF BASAPPA, AGED MAJOR, HIREMAGALUR, CHIKKAMAGALUR TALUK CHIKKAMGALUR - 577 101.

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THE LAND ACQUISITION OFFICER & ASSISTANT COMMISSIONER CHIKKAMAGALUR - 577 101.

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…RESPONDENTS

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(BY SRI G. RAVISHANKAR, FOR SRI A.V. GANGADHARAPPA, ADVOCATES FOR R.1)

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THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 19.07.2013 PASSED IN LAC APPEAL No.8/2012 BY THE PRINCIPAL DISTRICT JUDGE AT CHIKKAMAGALUR AND ORDER DATED 16.04.2008 PASSED IN LAC NO.43 OF 2006 PASSED BY CIVIL JUDGE (SR.DN.) AND CJM., AT CHIKKAMAGALUR, IN THE INTEREST OF JUSTICE AND EQUITY.

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MSA No. 93 of 2015

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C/W MSA No. 88 of 2015 MSA No. 90 of 2015 MSA No. 92 of 2015 MSA No. 94 of 2015

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IN MSA NO.92 OF 2015:

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AND:

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SRI. CHANDRASHEKARA, SON OF CHANABASAPPA, AGED MAJOR, HIREMAGALUR, CHIKKAMAGALUR TALUK CHIKKAMGALUR - 577 101.

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THE LAND ACQUISITION OFFICER & ASSISTANT COMMISSIONER CHIKKAMAGALUR - 577 101.

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…RESPONDENTS

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(BY SRI G. RAVISHANKAR, FOR SRI A.V. GANGADHARAPPA, ADVOCATES FOR R.1)

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THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 19.07.2013 PASSED IN LAC APPEAL No.3/2012 BY THE PRINCIPAL DISTRICT JUDGE AT CHIKKAMAGALUR AND ORDER DATED 16.04.2008 PASSED IN LAC NO.90 OF 2006 PASSED BY CIVIL JUDGE (SR.DN.) AND CJM., AT CHIKKAMAGALUR, IN THE INTEREST OF JUSTICE AND EQUITY.

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IN MSA NO.94 OF 2015:

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AND:

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SMT. GOWRAMMA, WIFE OF K.G. RUDRAPPA, AGED MAJOR, HIREMAGALUR, CHIKKAMAGALUR TALUK CHIKKAMAGALUR - 577 101.

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THE LAND ACQUISITION OFFICER

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MSA No. 93 of 2015

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C/W MSA No. 88 of 2015 MSA No. 90 of 2015 MSA No. 92 of 2015 MSA No. 94 of 2015

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& ASSISTANT COMMISSIONER CHIKKAMAGALUR - 577 101.

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…RESPONDENTS

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(BY SRI G. RAVISHANKAR, FOR SRI A.V. GANGADHARAPPA, ADVOCATES FOR R.1)

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THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 19.07.2013 PASSED IN LAC APPEAL No.6/2012 BY THE PRINCIPAL DISTRICT JUDGE AT CHIKKAMAGALUR AND ORDER DATED 16.04.2008 PASSED IN LAC NO.71 OF 2006 PASSED BY CIVIL JUDGE (SR.DN.) AND CJM., AT CHIKKAMAGALUR, IN THE INTEREST OF JUSTICE AND EQUITY.

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THESE APPEALS COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Respondent No.1 has filed a memo dated 02.03.2022

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stating that the subject matter in issue in the instant appeals are same as the one decided in MSA.No.89/2015 and he has produced a copy of the order passed in MSA.NO.89/2015. He

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prays that the present appeals may also be disposed of on the

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same terms of MSA.No.89/2015.

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MSA No. 93 of 2015

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C/W MSA No. 88 of 2015 MSA No. 90 of 2015 MSA No. 92 of 2015 MSA No. 94 of 2015

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Learned counsel for the petitioner fairly agrees to the

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same and prays similar order be passed in the instant appeals also.

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It is noticed that MSA.No.89/2015 has been dismissed by the order dated 09.07.2019. Accordingly, the instant appeals also stands dismissed on similar terms as decided in MSA.No.89/2015.

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In view of the dismissal of the main appeals, I.A.Nos.1/2015 and 2/2015 does not survive for consideration

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and accordingly stands disposed of.

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SD/JUDGE

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The Deputy Chief Engineer v. Sri H R Shivappa

Case brief

What is this about?

What did the court decide?

The Deputy Chief Engineer v. Sri H R Shivappa

Case brief

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