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2025 DAILYLAW 69881 (KAR)

B K GURUSHANTHAPPA v. ASSISTANT COMMISSIONER

MFA/9096/2025 · 2025-12-10

Hanchate Sanjeevkumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:52724 MFA No. 9096 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 9096 OF 2025 (LAC) BETWEEN: B.K. GURUSHANTHAPPA S/O B.K. BASAVALINGAPPA, AGED ABOUT 74 YEARS, R/O BADA VILLAGE, DAVANAGERE TALUK AND DISTRICT - 577 001 …APPELLANT (BY SRI. KANTHARAJAPPA M.G, ADVOCATE) AND: 1. ASSISTANT COMMISSIONER (ADDITIONAL LAND ACQUISITION OFFICERS), PROJECT DEVELOPMENT UNIT, KSHIP, K.R.CIRCLE, BENGALURU - 560 001. 2. PROJECT IMPLEMENTATION UNIT, KARNATAKA STATE HIGHWAY DEVELOPMENT PROJECT, K.R.CIRCLE, BENGALURU - 560 001. …RESPONDENTS THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 10.03.2025 PASSED IN LAC NO. 04/2019 ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE, DISMISSING THE PETITION FILED U/S.35 OF KARNATAKA NATIONAL HIGH WAY ACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52724 MFA No. 9096 of 2025 CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The office has raised objection regarding maintainability of the appeal. 2. The impugned judgment and award is passed under the provisions of Karnataka National Highway Act. But, the appeal is filed under Section 54(1) of the Land Acquisition Act. Therefore, the appeal is not maintainable before this Court as per the provisions under the Land Acquisition Act. Therefore, the appeal is dismissed as not maintainable. However, liberty is reserved to the appellant to prefer appeal as per law before the appropriate forum. 3. The time spent for prosecuting the appeal before this Court is excluded for the purpose of limitation as per Section 14 of the Limitation Act, 1963. 4. Registry is directed to return all the original copies to the appellant/counsel for the appellant. SD/- (HANCHATE SANJEEVKUMAR) JUDGE KA, List No.: 1 Sl No.: 21