The High Court dismissed the miscellaneous first appeal filed under Section 54(1) of the Land Acquisition Act as premature, noting that the appellant failed to pay the deficit court fee despite a peremptory order for dismissal.
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MFA No.25121/2013
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 03RD DAY OF JUNE, 2022
PRESENT
THE HON'BLE MR JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR JUSTICE P.KRISHNA BHAT
MISCELLANEOUS FIRST APPEAL NO.25121/2013 (LAC)
BETWEEN:
…APPELLANT
(BY SRI. SADIQ N. GOODWALA & SRI. A. B. PATIL, ADVOCATES)
AND:
Digitally signed by J MAMATHA JMAMATHA Location:DHARWADDate: 2022.06.10 11:52:04 +0530
MFA No.25121/2013
APMC RANEBENNUR,
RANEBENNUR, DIST: HAVERI.
DIST: HAVERI.
…RESPONDENTS
(BY SRI. SHIVAPRABHU HIREMATH, AGA FOR R1 AND R3; SRI. MALLIKARJUN BASAREDDY, ADV. FOR R2)
THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND ACQUISITION ACT, PRAYING TO CALL FOR RECORDS AND ALLOW THIS APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 17.11.2012 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND J.M.F.C. RENEBENNUR IN L.A.C. NO.27/2006 AND ENHANCE THE COMPENSATION AMOUNT FROM RS.2,86,000/- PER ACRE TO RS.10,00,000/- PER ACRE, (RS.25,000/- GUNATAS IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, P. KRISHNA BHAT J., DELIVERED THE FOLLOWING:
MFA No.25121/2013
JUDGMENT
This appeal being of the year 2013 sufficient time was there for compliance. However, compliance is not made by paying the deficit court fee.
A Co-ordinate bench vide order dated
21.04.2022 as said under:
“List this matter for dismissal in the first week of June-2022, as it is noticed that the deficit Court fee has not been paid till date.”
In view of the above peremptory order appeal
stands dismissed.
Sd/JUDGE
Sd/JUDGE
RH,SSP
SMT. RAJAWWA, W/O.HUSSAINSAB PINJAR
THE ASSISTANT COMMISSIONER AND THE LAND ACQUISITION OFFICER, HAVERI SUB DIVISION
THE SECRETARY APMC RANEBENNUR
THE DEPUTY COMMISSIONER HAVERI
KRISHNA S.DIXIT
P.KRISHNA BHAT
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
