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2025 DAILYLAW 5348 (KAR)

THE EXECUTIVE ENGINEER v. THE SPECIAL ADDL. LAND ACQUISITION OFFICER MP-3

MFA/102707/2024 · 2025-01-10

Hanchate Sanjeevkumar

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Judgment text

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- 1 - NC: 2025:KHC-D:387 MFA No. 102707 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.102707 OF 2024 (LAC) BETWEEN: THE EXECUTIVE ENGINEER, MBC DIVISION NO.1, GADDANAKERI CAMP, NAVANAGAR, BAGALKOT-587101. …APPELLANT (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, BAGALKOT-587101. 3. SRI ERAPPA S/O. SIDDAPPA NADUVINMANI, AGE. 51 YEARS, OCC. AGRICULTURE, R/O. SHIRUR VILLAGE, TQ. AND DIST. BAGALKOT-587301. …RESPONDENTS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 22.01.2024 PASSED IN LAC.NO.18/2023 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BAGALKOT BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:387 MFA No. 102707 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) It is submitted that the subject matter of the appeal is less than Rs.10,00,000/- (Rupees ten lakhs only) and therefore the appeal before this Court is not maintainable in view of provisions of Section 19(1) of the Karnataka Civil Court, 1964. 2. Therefore, the appeal is disposed off with a liberty to file the appeal before appropriate Jurisdictional District Court. 3. Court fee paid by the appellant while preferring the appeal shall be refunded to the appellant. 4. The Registry is directed to return the original appeal papers to the learned counsel for the appellant after taking photocopies of the same at cost of the appellant. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP/List No.: 2 Sl No.: 8