Full Bench decision held appeal not maintainable valuations below Rs. 10 lakh. Appeal dismissed to appropriate court.
Office objection sustained; appeal dismissed as not maintainable with liberty to file before appropriate Court.
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NC: 2024:KHC:26947 MFA No. 5100 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI MISCELLANEOUS FIRST APPEAL NO. 5100 OF 2020 (LAC)
BETWEEN:
SRI VENKATARANNAIAH, S/O LATE SIDDALINGAIAH, AGED ABOUT 72 YEARS, R/AT CHIKKAMARANAHALLI VILLAGE, KASABA HOBLI, NELAMANGALA TALUK – 562 123.
…APPELLANT
(BY SRI R.ANIL KUMAR., ADVOCATE)
AND:
Digitally signed by GEETHAKUMARI PARLATTAYA S
Location: High Court of Karnataka
…RESPONDENTS
THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 12.12.2018, PASSED IN LAC NO.318/2009 (OLD NO.37/2008),
NC: 2024:KHC:26947 MFA No. 5100 of 2020
ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, NELAMANGALA, DISMISSING THE REFERENCE U/SEC.18 OF LAND ACQUISITION ACT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
As per valuation, subject matter of appeal is below Rs.10,00,000/- and in view of Full Bench decision of this Court
in Indian Council of Agricultural Research, Rep. by its Director Vs. Smt.Varija and Others reported in ILR 2011 KAR 499 , appeal would not be maintainable before this Court.
Office objection is sustained.
Hence, appeal is dismissed as not maintainable with liberty to file it before appropriate Court.
Sd/JUDGE
MKM
List No.: 1 Sl No.: 5
1 issue framed by the court
Whether the monetary valuation of the subject matter renders the Miscellaneous First Appeal maintainable before the High Court.
Colour shows how this judgement treated each authority
2 provisions across 1 enactments
Sri Venkataranniah
The Special Land Acquisition Officer
The Deputy Chief Engineer, Constructions, Southern Railways
Ravi V Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
