Land acquisition compensation appeal where subject matter was below ten lakh rupees, rendering the High Court appeal not maintainable. The Court directed return of original papers for re-presentation before the District Court and disposed of the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC-D:12721 MFA No. 102132 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF SEPTEMBER 2024 BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL NO. 102132 OF 2024
BETWEEN:
THE EXECUTIVE ENGINEER, MBC DIVISION NO.1, GADDANAKERI CAMP, NAVANAGAR, BAGALKOT-587101.
…APPELLANT
(BY SRI. S. M. KALWAD, ADVOCATE)
AND:
BHARATHI H M
Location: HIGH COURT OF KARNATAKA
AGE: 59 YEARS, OCC: BUSINESS & AGRICULTURE, R/O: SHIRUR VILLAGE, TQ & DIST: BAGALKOT - 587301.
…RESPONDENTS
THIS MFA IS FILED U/SEC.74 (1) OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD 22.01.2024 MADE IN L.A.C.NO.24/2023 PASSED BY THE COURT OF II ADDL. SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BAGALKOT BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
It is submitted that the subject matter of the appeal is less than rs.10,00,000/- (Rupees ten lakhs only) and the appeal before this Court is not maintainable in view of the provisions of Section 19(1) of the Karnataka Civil Courts Act, 1964.
Sd-/ (SHIVASHANKAR AMARANNAVAR) JUDGE
DSP CT:ANB List No.: 1 Sl No.: 10
1 issue framed by the court
Whether the MFA was maintainable before the High Court given the subject matter was below Rs.10 lakhs under Section 19(1) of the Karnataka Civil Courts Act?
2 provisions across 2 enactments
The Executive Engineer, MBC Division No.1, Gaddanakeri Camp, Navanagar, Bagalkot
The Special Addl Land Acquisition Officer, MP-3 Sector No.60, Bagalkot
The State of Karnataka (Rep. by Deputy Commissioner, Bagalkot)
Sri. Ashok S/o. Basappa Macha
Shivashankar Amannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
