The Chief Engineer and Anr vs Mallinath and Ors - Court Judgment

SooperKanoon Citationsooperkanoon.com/1639963
CourtKarnataka Orders High Court
Decided OnMar-28-2025
Case NumberMSA/200699/2023
JudgeAnant Ramanath Hegde
AppellantThe Chief Engineer and Anr
RespondentMallinath and Ors
Excerpt:
-1- in the high court of karnataka, kalaburagi bench dated this the 28th day of march, 2025 before the hon'ble mr. justice anant ramanath hegde miscl second appeal no. 200699 of 2023 (la) between:1. the chief engineer knnl ipc zone, kalaburagi - 585 102.2. the executive engineer, knnl, division bli project, afzalpur - 585 301. …appellants (by sri sudarshan m, advocate) and:1. mallinathdigitally signed by basalingappa s/o neelappa ambigar, shivaraj age: 40 years,occ: agriculture, dhuttargaon location: high r/o: udchan village, court of tq: afzalpur,dist: kalaburagi - 585 301. karnataka2. the special land acquisition officer, m and mip vikas bhavan, kalaburagi.3. the deputy commissioner vikas bhavan, kalaburagi - 585 102. …respondents this miscellaneous second appeal is filed under section 54(2) of the land acquisition act, call for -2-the records from both the courts below in l.a.c.a.no.189/2021 and l.a.c.no.765/2012 and set aside the impugned judgment and award dated 22.10.2021 passed in laca no.189/2021 by the hon’ble iii additional district judge at kalaburagi, in the interest of justice and equity. this miscellaneous second appeal, coming on for orders, this day, judgment was delivered therein as under: coram: hon'ble mr. justice anant ramanath hegdeoral judgment(per: hon'ble mr. justice anant ramanath hegde) more than two years have elapsed since the appeal is filed. deficit court fee is not paid. hence, appeal is dismissed for non-prosecution. sd/- (anant ramanath hegde) judge brn list no.: 1 sl no.: 19
Judgment:

-1- IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE MISCL SECOND APPEAL NO. 200699 OF 2023 (LA) BETWEEN:

1. THE CHIEF ENGINEER KNNL IPC ZONE, KALABURAGI - 585 102.

2. THE EXECUTIVE ENGINEER, KNNL, DIVISION BLI PROJECT, AFZALPUR - 585 301. …APPELLANTS (BY SRI SUDARSHAN M, ADVOCATE) AND:

1. MALLINATH

Digitally signed by BASALINGAPPA S/O NEELAPPA AMBIGAR, SHIVARAJ AGE: 40 YEARS,OCC: AGRICULTURE, DHUTTARGAON Location: HIGH R/O: UDCHAN VILLAGE, COURT OF TQ: AFZALPUR,DIST: KALABURAGI - 585 301. KARNATAKA

2. THE SPECIAL LAND ACQUISITION OFFICER, M AND MIP VIKAS BHAVAN, KALABURAGI.

3. THE DEPUTY COMMISSIONER VIKAS BHAVAN, KALABURAGI - 585 102. …RESPONDENTS THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT, CALL FOR -2-

THE RECORDS FROM BOTH THE COURTS BELOW IN L.A.C.A.NO.189/2021 AND L.A.C.NO.765/2012 AND SET ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 22.10.2021 PASSED IN LACA NO.189/2021 BY THE HON’BLE III ADDITIONAL DISTRICT JUDGE AT KALABURAGI, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS SECOND APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) More than two years have elapsed since the appeal is filed. Deficit Court Fee is not paid. Hence, appeal is dismissed for non-prosecution. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN List No.: 1 Sl No.: 19