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  1. Home/
  2. Library/
  3. High Court Of Karnatak/
  4. 2024/
  5. August

The Executive Engineer vs. the Special Addl. Land Acquisition Officer Mp 3

Decided on 31 August 2024• Citation: MFA/102207/2024• High Court of Karnatak
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                                          - 1 -                                     
                                                   NC: 2024:KHC-D:12533             
                                                 MFA No. 102207 of 2024             
                     IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH                  
                                          ST                                        
                          DATED THIS THE 31 DAY OF AUGUST 2024                      
                                        BEFORE                                      
                   THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR                 
                      MISCELLANEOUS FIRST APPEAL NO. 102207 OF 2024                 
                  BETWEEN:                                                          
                      THE EXECUTIVE ENGINEER                                        
                      MBC DIVISIONAL NO.1, GADDANAKERI CAMP,                        
                      NAVANAGAR BAGALKOT-587101.                                    
                                                           …PETITIONER              
                  (BY SRI. S M KALWAD, ADVOCATE)                                    
                  AND:                                                              
                  1.  THE SPECIAL ADDL. LAND ACQUISITION OFFICER MP-3               
                      SECTOR NO.60, BAGALKOT-587301.                                
                  2.  THE STATE OF KARNATAKA REP. BY DEPUTY                         
                      COMMISSIONER                                                  
    YASHAVANT                                                                       
                      BAGALKOT-587101.                                              
    NARAYANKAR                                                                      
                  3.  SMT. RATNA W/O. CHANDRASHEKHAR NAREGAL                        
                      AGE. 57 YEARS, OCC. AGRICULTURE,                              
                  4.  SMT. VEERAMMA D/O. CHANDRASHEKHAR NAREGAL                     
    Location:                                                                       
    HIGH              AGE. 26 YEARS, OCC. AGRICULTURE,                              
    COURT OF                                                                        
    KARNATAKA                                                                       
                  5.  SRI. SHIVANANDA S/O. CHANDRASHEKHAR NAREGAL                   
                      AGE. 25 YEARS, OCC. AGRICULTURE,                              
                  6.  SRI. ANILKUMAR S/O. CHANDRASHEKHAR NAREGAL                    
                      AGE. 57 YEARS, OCC. AGRICULTURE,                              
                      RESPONDENT NO. 6 IS PA HOLDER OF                              
                      RESPONDENT NO. 3 TO 5                                         
                      ALL ARE R/O. SHIRUR VILLAGE, TQ AND DIST.                     

                                          - 2 -                                     
                                                   NC: 2024:KHC-D:12533             
                                                 MFA No. 102207 of 2024             
                      BAGALKOT-587301.                                              
                                                         …RESPONDENTS               
                       THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION ACT,       
                  PRAYING TO, SET ASIDE THE JUDGMENT AND AWARD 02.02.2024           
                  MADE IN LAC NO.22/2023 PASSED BY THE COURT OF II ADDITIONAL       
                  SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS,           
                  BAGALKOT, BY ALLOWING THIS APPEAL.                                
                       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE             
                  COURT DELIVERED THE FOLLOWING:                                    
                  CORAM:  THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR          
                                       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.                                                             
                       2.  The  Registry is directed to return the original         
                  papers to  the counsel for the appellant, after taking            
                  photocopies of the same along with the quantum of court fee       
                  permitted to be refunded. Six weeks time is granted to the        

                                          - 3 -                                     
                                                   NC: 2024:KHC-D:12533             
                                                 MFA No. 102207 of 2024             
                  appellant to re-present the same before the jurisdictional        
                  District Court.                                                   
                       Accordingly, the appeal is disposed of.                      
                                                  Sd/-                              
                                      (SHIVASHANKAR  AMARANNAVAR)                   
                                                 JUDGE                              
                  DSP                                                               
                  CT: CNB                                                           
                  List No.: 1 Sl No.: 7