Rangegowda B Vs the State of Karnataka — Land Acquisition | Karnataka HC (2025)

Rangegowda B Vs the State of Karnataka — Land Acquisition | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Appeal disposed of in view of the memo, with liberty to the appellant to present the appeal before the proper Court; Office directed to refund the Court Fee paid on the appeal memorandum to the appellant with due identification; pending interlocutory applications, if any, disposed of.

Issue for consideration

Whether the appeal, stated in the appellant's memo to have been filed before the High Court by miscalculation although its valuation is below Rs. 15 lakhs and it therefore lies before the District Judge, Hassan, should be disposed of so that the appellant may present it before the proper jurisdictional Court.

Court's answer

In view of the appellant's memo dated 01.07.2025, the Miscellaneous First Appeal is disposed of.

Ratio / Principle

The appellant is granted liberty to present the appeal before the proper Court.

Key takeaways

The Office is directed to refund the Court Fee paid on the appeal memorandum to the appellant with due identification.ratio¶¶31-¶32
Pending interlocutory applications, if any, stand disposed of.ratio¶¶33-¶34

Detailed headnote1 paragraphs

Miscellaneous First Appeal (LAC) filed under S.54(1) of the Land Acquisition Act, 1894 against the judgment and award dated 09.01.2013 passed on LAC No.53/2011 by the Principal Senior Civil Judge, Hassan, partly allowing the reference petition for compensation, with enhancement of compensation sought. Before disposal, learned counsel for the appellant filed a memo dated 01.07.2025 stating that, by miscalculation, the appeal had been filed before the High Court; the office had raised objections regarding maintainability, and the valuation of the appeal being below Rs. 15 lakhs, the appeal had to be filed before the District Judge, Hassan. Placing the memo on record, the High Court disposed of the appeal with liberty to the appellant to present it before the proper Court, directed the Office to refund the court fee paid on the appeal memorandum to the appellant with due identification, and disposed of pending interlocutory applications, if any. Coram: Hon'ble Mr. Justice Ramachandra D. Huddar; decided 01.07.2025.

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NC: 2025:KHC:23449 MFA No. 3081 of 2015

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF JULY, 2025

BEFORE

THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 3081 OF 2015 (LAC)

BETWEEN:

RANGE GOWDA B. S/O THIMMARAYI GOWDA @ MARAPPA AGED ABOUT 73 YEARS R/AT ECHALAHALLY VILLAGE KANDLI POST, KASABA HOBLI HASSAN TALUK & DISTRICT.

…APPELLANT

(BY SRI. NARENDRA GOWDA, ADVOCATE)

AND:

Digitally signed by SHAKAMBARI Location: High Court of Karnataka

THE STATE OF KARNATAKA SPECIAL LAND ACQUISITION OFFICER HASSAN.

…RESPONDENT

THIS MFA FILED U/S.54(1) OF THE LAND ACQUISTION ACT, 1894 AGAINST THE JUDGMENT AND AWARD DATED 09.01.2013 PASSED ON LAC NO.53/2011 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, HASSAN, PARTLY ALLOWING THE REFERENCE PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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NC: 2025:KHC:23449 MFA No. 3081 of 2015

HC-KAR

CORAM: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR

ORAL JUDGMENT

Learned counsel for the appellant is present and files a memo dated 01.07.2025, which reads as under:

"By miscalculation the appeal has been filed before this Hon'ble Court. The office has raised objections regarding maintainability before this Hon'ble Court, ascertaining the factual position it is now learnt that the valuation of the appeal is below 15 lakhs as such the appeal has to be filed before District Judge, Hassan. Therefore the above appeal may be returned in order to represent the same before the concerned jurisdictional Court and further the delay that may be caused due to prosecuting before the wrong forum may be directed to be condoned and further the direction may be issued to the office to transfer the court fee paid on this appeal memo to District Court Hassan where the appeal will be represented in the interest of justice and equity."

2. The said memo is placed on record.

3. In view of the memo, the appeal is disposed of

with liberty to the appellant to present the appeal before proper

Court.

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NC: 2025:KHC:23449 MFA No. 3081 of 2015

HC-KAR

Office to refund the Court Fee so paid on the appeal

memorandum to the appellant with due identification.

Pending interlocutory applications, if any, stand disposed

of.

Sd/(RAMACHANDRA D. HUDDAR) JUDGE

PGG

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