- 1 - HC-KAR NC: 2025:KHC-D:15229-DB MFA No. 102009 of 2017 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 6TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. MISCELLANEOUS FIRST APPEAL NO. 102009 OF 2017 (LAC) BETWEEN: SRI MALLESHAPPA VIRUPAXAPPA HOSUR, AGED 52 YEARS, OCC: AGRICULTURE, R/O: AMMINABHAVI, TALUKA AND DISTRICT, DHARWAD. …APPELLANT (BY SRI. K. DIWAKAR AND SRI VIJAY M. MALALI, ADVOCATES) AND: 1. THE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER, DHARWAD SUB-DIVISION, DHARWAD. 2. EXECUTIVE ENGINEER, KARNATAKA WATER SUPPLY, AND DRAINAGE BAORD, H.D.M.C., DHARWAD. 3. THE COMMISSIONER, HUBLI-DHARWAD MUNCIPAL CORPORATION, DHARWAD. Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.15 10:45:15 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15229-DB MFA No. 102009 of 2017 4. THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, KARNATAKA GOVERNMENT, VIDHANA SOUDHA, BENGALURU-560 001. …RESPONDENTS (BY SRI DAYANAND M. BANDI, ADVOCATE FOR R2; SMT. JOSHNA P. DHANAVE, ADVOCATE FOR R3; SMT. KIRTI LATA, HCGP FOR R4) THIS MFA FILED U/SEC.54(1) OF LAND ACQUISITION ACT, 1894, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED:30.04.2016 PASSED IN LAC.NO.200/2010 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND AMACT, DHARWAD AND ENHANCE THE COMPENSATION FROM RS.25,000/- PER GUNTA TO RS.2,100/- PER SQ.FT., IN RESPECT OF THE ACQUIRED LAND AND WITH ALL CONSEQUENTIAL BENEFITS AND THIS APPEAL BE ALLOWED WITH COSTS THROUGHOUT. THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. - 3 - HC-KAR NC: 2025:KHC-D:15229-DB MFA No. 102009 of 2017 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Heard learned Senior counsel, Sri.K.Diwakar for learned counsel, Sri.Vijay M Malali for appellant. 2. This appeal is filed under Section 54(1) of the Land Acquisition Act, 1894 on 08.06.2017. The valuation slip indicates that the appeal is valued at Rs.233,50,56,043/- and court fee to be paid is assessed at Rs.1,18,82,405/- but on the appeal memo a sum of Rs.400/- was paid. 3. On scrutiny, the Registry has raised objection with regard to the deficit court fee to be paid by the appellant at Rs.1,18,82,405/-. Subsequently, I.A.No.2/2017 is filed by the appellant seeking for a direction to the respondents to deposit the deficit court fee, which was dismissed on 23.10.2025 as untenable. 4. It is noticed that the amount deposited by the respondents in terms of the judgment and award dated - 4 - HC-KAR NC: 2025:KHC-D:15229-DB MFA No. 102009 of 2017 30.04.2016 in LAC No.200/2010 was withdrawn by the appellant. Even after withdrawing the amount, the appellant has not come forward to deposit the court fee. 5. Learned Senior counsel, Sri.K.Diwakar appearing on behalf of learned counsel, Sri.Vijay M Malali sought further time to deposit the deficit court fee. There is no justification to grant further time. The appeal is pending for the last eight years. In the above circumstances, the appeal stands dismissed. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE SH CT-CMU LIST NO.: 1 SL NO.: 57