Dismissed

The Assistant Commissioner Cum v. S.Y. Raja Shekharappa S/O Kattegouda

Karnataka HC23 Nov 2023MSA/100059/2020

Case brief

AI extract

What is this about?

In a miscellaneous second appeal under the Karnataka Land Acquisition Act, 1894, the High Court disposed of the appeal after the appellants submitted a memo undertaking to pay the awarded compensation to the respondent, thereby resolving the dispute in the interest of justice.

What did the court decide?

The appeal was disposed of based on the appellants' undertaking to pay the awarded compensation to the respondent.

The Assistant Commissioner Cum Vs S.Y. Raja Shekharappa… — Land Acquisition | Karnataka HC (2023)

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1 - NC: 2023:KHC-D:13660 MSA No. 100059 of 2020

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 23^RD DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

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MISCELLANEOUS SECOND APPEAL NO.100059 OF 2020

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BETWEEN:

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THE ASSISTANT COMMISSIONER CUM LAND ACQUISITION OFFICER, BALLARI-583101.

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THE EXECUTIVE ENGINEER, Z. P. PWD ENGINEERING DIVISION, BALLARI-583101.

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…APPELLANTS

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(BY SRI. V.S. KALASURMATH, HCGP)

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AND:

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S.Y. RAJA SHEKHARAPPA S/O. KATTEGOUDA, AGED ABOUT: 61 YEARS, OCC: AGRICULTURIST, R/O: SANGANAKALLU VILLAGE, BALLARI TALUK AND DISTRICT, NOW RESIDING AT BALLARI-583103.

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…RESPONDENT

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Digitally signed by VISHAL VISHAL NINGAPPA NINGAPPA PATTIHAL PATTIHAL Date: 2023.12.01 11:00:30 +0530

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(BY SRI. ANIL KALE, ADVOCATE FOR SOLE RESPONDENT)

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THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER SECTION 54(2) (KARNATAKA AMENDMENT) OF LAND ACQUISITION ACT, 1894, PRAYING TO - 1. CALL FOR THE RECORDS IN LAC (APPEAL) NO. 4/2018, ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI. 2. SET ASIDE THE JUDGMENT AND AWARD DATED 25.03.2019 IN LAC (APPEAL) NO. 4/2018 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI, IN THE INTEREST OF JUSTICE AND CONFIRM THE AWARD PASSED IN LAC NO. 54/2013 DATED 31.07.2017 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, BALLARI.

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2 - NC: 2023:KHC-D:13660 MSA No. 100059 of 2020

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THIS MISCELLANEOUS SECOND APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Learned High Court Government Pleader for appellants submits that the appellants have satisfied the amount awarded by the First Appellate Court, in the execution petition initiated by the respondent to execute the decree impugned in the present appeal and files a memo to that effect.

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A memo reads as under:

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“MEMO

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Herein the counsel for the Appellants/State begs to submit as under:

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That the top noted Miscellaneous Second Appeal the State has challenged the order passed by the Reference Court in an appeal in LAC Appeal No. 04/2018. Pursuant to the said appeal having been filed before this Hon'ble Court the Respondent / claimants have initiated execution petition before the executing court and now inview of the subsequent development having been taken that the appellants Assistant Commissioner and Land Acquisition Officer and Public Works Department, Ballari have taken steps and on instructions has submitted that the steps have been taken to make payment of the

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3 - NC: 2023:KHC-D:13660 MSA No. 100059 of 2020

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claimant before the executing Court and same would be result in their favour. In view of the above fact the Hon’ble Court be pleased to dispose of the appeals. In view of the under taking given by the Appellant in the interest of justice and equity.”

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The memo is taken on record.

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Accordingly, in view of the submission and memo

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filed, the appeal stands disposed of.

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In view of the disposal of the petition, pending

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application, if any, would not survive for consideration.

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Sd/JUDGE

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PJ, CT: UMD List No.: 1 Sl No.: 3

The Assistant Commissioner Cum v. S.Y. Raja Shekharappa S/O Kattegouda

Case brief

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The Assistant Commissioner Cum v. S.Y. Raja Shekharappa S/O Kattegouda

Case brief

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