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2025 DAILYLAW 13539 (KAR)

SRI N MURTHY, v. THE SPECIAL LAND ACQUISITION OFFICER

CRP/35/2025 · 2025-01-28

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:3796 CRP No. 35 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS CIVIL REVISION PETITION NO. 35 OF 2025 BETWEEN: SRI. N. MURTHY, S/O NANJAPPA, AGED ABOUT 29 YEARS, R/O SAVAKANAHALLI VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT. …PETITIONER (BY SRI. MAHESH R., ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, NATIONAL HIGHWAYS AUTHORITY OF INDIA, SH-207, HOSAKOTE-DABASPET SECTION SITE OFFICE, NELAMANGALA-562 123. 2. SRI.KESHAV, S/O NANJAPPA, AGED ABOUT 28 YEARS, R/O SAVAKANAHALLI VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT. Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3796 CRP No. 35 of 2025 3. SRI. NANJEGOWDA @ NANJAPPA @HANUMANTHARAYAPPA, AGED ABOUT 54 YEARS, R/O SAVAKANAHALLI VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT. 4. SRI.MUNIKRISHNAPPA, S/O LATE.HANUMANTHARAYAPPA, AGED ABOUT 53 YEARS, R/O SAVAKANAHALLI VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT. 5. SRI. HANUMANTHARAYAPPA, S/O KEMPANNA, SINCE DECEASED REPRESENTED BY HIS LEGAL REPRESENTATIVES I.E., RESPONDENT NO.3,4,9,6 AND 10 AND HEIRS OF PRE-DECEASED SON SRI.MUNIRAJU I.E., RESPONDENT NO.7 AND 8 ARE THE LEGAL HEIRS. 6. SMT.RATHNAMMA, W/O VENKATACHALAIAH, AGED ABOUT 49 YEARS, THIS NAME OF PARTICULARS HAVE BEEN MENTIONED BY THE SPECIAL LAND ACQUISITION OFFICER WRONGLY. THE VERY SAME PERSON IS ALSO ARRAYED AS RESPONDENT NO.10 IN THE MISCELLANEOUS CASE. 7. SMT.SHARADAMMA, W/O MUNIRAJU, AGED ABOUT 52 YEARS, - 3 - NC: 2025:KHC:3796 CRP No. 35 of 2025 R/O SAVAKANAHALLI VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT. 8. SMT. BHAVYA, W/O GOPAL, AGED ABOUT 33 YEARS, R/O YARAPPANAHALLI VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT. 9. SMT. BHAGYA, W/O LATE.HANUMANTHARAYAPPA, AGED ABOUT 53 YEARS, R/O BYRASANDRA VILLAGE, SIDDLAGATTA TALUK, CHIKKABALLAPUR DISTRICT. 10. SMT.RATHNAMMA, W/O SUBBANNA, AGED ABOUT 53 YEARS, RESIDING AT NO. 93/2, VENKATACHALA, YELAHANKA, BENGALURU NORTH TALUK, BENGALURU. …RESPONDENTS THIS CRP IS FILED UNDER SECTION 115 OF CPC, AGAINST THE ORDER DATED 30.09.2024 PASSED IN MISCELLANEOUS NO.15017/2021 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL, SITTING AT DEVANAHALLI, ALLOWING THE REFERENCE UNDER SECTION 3H(4) OF NATIONAL HIGH WAYS ACT, 1956 R/W SEC.151 OF CPC AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC:3796 CRP No. 35 of 2025 CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Office has raised objections regarding the maintainability of the Civil Revision Petition having regard to the fact that the impugned order arose from a Miscellaneous Petition. 2. Learned Counsel for the petitioner has filed a memo dated 22.01.2025 seeking leave of this Court to convert the present Civil Revision Petition into an appeal. 3. The said memo cannot be allowed as a revision petition cannot be converted into an appeal. Accordingly, the memo is rejected. 4. Consequently, the Civil Revision Petition is dismissed while reserving liberty to the petitioner to file an appeal in accordance with law. If such an appeal is filed, time spent before this Court in the present petition shall be taken into consideration for the purpose of computation of limitation. - 5 - NC: 2025:KHC:3796 CRP No. 35 of 2025 5. Office to return the original/certified copies, if any, after taking the photocopies for the file. Sd/- (R DEVDAS) JUDGE DL CT: JL