Allowed

Sri. Hanumanthappa v. the Special Land Acquisition Officer

Karnataka HC24 Nov 2023RFA/2185/2023

Case brief

AI extract

What is this about?

Regular First Appeal filed under Section 96 CPC against judgment leading to acquisition petition. Appellant filed memorandum seeking withdrawal. Court recorded withdrawal reserving liberty to prefer Writ Petition or Miscellaneous First Appeal and directed refund of court fees.

What did the court decide?

Appeal disposed of as withdrawn reserving liberty to file Writ Petition/MFA with refund of 100% court fee.

Sri. Hanumanthappa Vs the Special Land Acquisition Officer — Land Acquisition | Karnataka HC (2023)

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NC: 2023:KHC:42548 RFA No. 2185 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF NOVEMBER, 2023 BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO.2185 OF 2023 (RES)

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BETWEEN:

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SRI. HANUMANTHAPPA, S/O KADUR HANUMAPPA, AGED ABOUT 67 YEARS,

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SRI. BALARAJ, S/O HANUMAPPA, AGED ABOUT 63 YEARS,

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BOTH ARE R/AT TAMATAKALLU VILLAGE, KASABA HOBLI, CHITRADURGA TALUK, CHITRADURGA DISTRICT - 577 502.

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KAMALAMMA, W/O THIPPESWAMY, AGED ABOUT 70 YEARS, R/AT CHIKKANAHATTI VILLAGE, CHALLKERE TOWN,

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Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA

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CHITRADURGA DISTRICT - 577 522.

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(BY SRI. RUDRAPPA P., ADVOCATE)

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AND:

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THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, NATIONAL HIGHWAYS AUTHORITY OF INDIA, CHITRADURGA - 577 502.

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…APPELLANTS

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SRI. HANUMANTHAPPA, S/O NARASIMHAPPA, AGED ABOUT 55 YEARS,

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SRI. THIPPESWAMY, S/O NARASIMHAPPA,

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2 - NC: 2023:KHC:42548 RFA No. 2185 of 2023

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AGED ABOUT 50 YEARS,

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SRI. MARUTHI, S/O NARASIMHAPPA, AGED ABOUT 50 YEARS,

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SMT. BASAMMA, W/O OBANNA, AGED ABOUT 35 YEARS,

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SRI. ANJINAMURTHY, S/O LATE OBANNA, AGED ABOUT 35 YEARS,

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SRI. NAGARAJA, S/O LATE OBANNA, AGED ABOUT 32 YEARS,

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SMT. THIPPEERAMMA, W/O HANUMANTHAPPA, AGED ABOUT 50 YEARS,

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SMT. PUTTAMMA, W/O PAPANNA, AGED ABOUT 57 YEARS, RESPONDENTS 2 TO 10 ARE R/AT TAMATAKALLU VILLAGE, CHITRADURGA TALUK, CHTIRADURGA DISTRICT – 577 502.

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…RESPONDENTS

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(BY SRI.SHOBITH N SHETTY, ADVOCATE FOR R1)

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THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST

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THE JUDGMENT AND AWARD DATED 16.09.2023 PASSED IN AC.NO.15/2018 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA, ALLOWING THE PETITION.

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

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3 - NC: 2023:KHC:42548 RFA No. 2185 of 2023

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JUDGMENT

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Learned counsel for the appellants files a memo seeking withdrawal of the appeal reserving liberty in favour of the appellants to prefer appropriate Writ Petition (WP)/Miscellaneous First Appeal (MFA).

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The said memo is placed on record.

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Appeal is disposed of as withdrawn, reserving liberty in

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favour of the appellants to file an appropriate Writ Petition (WP)/ Miscellaneous First Appeal (MFA).

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Registry is directed to return all the papers and also

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refund the entire (100%) Court fee paid on the memorandum of appeal back to the appellants forthwith without any delay.

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Sd/JUDGE

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List No.: 1 Sl No.: 29

Sri. Hanumanthappa v. the Special Land Acquisition Officer

Case brief

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Sri. Hanumanthappa v. the Special Land Acquisition Officer

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