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

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

Type Court Judgment Court Karnataka Dharwad Decided Aug 31, 2024
~2 min read
https://sooperkanoon.com/case/1818831

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Citation
Court
Karnataka Dharwad High Court
Judge
Decided On
Case Number
MFA/102207/2024

Parties & Advocates

Appellant / Petitioner

The Executive Engineer

Respondent

The Special Addl. Land Acquisition Officer Mp-3

Excerpt

-1- in the high court of karnataka, dharwad bench dated this the 31st 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 yashavant commissioner narayankar bagalkot-587101.3. smt. ratna w/o. chandrashekhar naregal location: 4. smt. veeramma d/o. chandrashekhar naregal high age. 26 years, occ. agriculture, court of karnataka5. sri. shivananda s/o. chandrashekhar naregal age. 25 years, occ. agriculture,6. sri. anilkumar s/o. chandrashekhar naregalrespondent no. 6 is pa holder of respondent no. 3 to 5 all are r/o. shirur village, tq and dist. -2- 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 amarannavarjudgmentit 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 originalpapers 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- 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

Full Judgment

-1- IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST 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 YASHAVANT COMMISSIONER NARAYANKAR BAGALKOT-587101.

3. SMT. RATNA W/O. CHANDRASHEKHAR NAREGAL Location: 4. SMT. VEERAMMA D/O. CHANDRASHEKHAR NAREGAL 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

RESPONDENT NO. 6 IS PA HOLDER OF RESPONDENT NO. 3 TO 5 ALL ARE R/O. SHIRUR VILLAGE, TQ AND DIST. -2- 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- 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

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Same Court & Year Karnataka Dharwad · 2024 Same Parties The Executive Engineer vs The Special Addl. Land Acquisition ... Same Judge Shivashankar Amarannavar

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