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2025 DAILYLAW 7898 (KAR)

THE EXECUTIVE ENGINEER v. THE ASSISTANT COMMISSIONER

MFA/104518/2022 · 2025-01-31

Hanchate Sanjeevkumar

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Judgment text

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- 1 - NC: 2025:KHC-D:1930 MFA No. 104518 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.104518 OF 2022 (LAC) BETWEEN: 1. THE EXECUTIVE ENGINEER, NO.1, T.R. DIVISION, MUNIRABAD, TQ. AND DIST. KOPPAL, PIN CODE-583211. 2. THE EXECUTIVE ENGINEER, NO.1, SINGATALUR LIFT, IRRIGATION PROJECT DIVISION, TQ. MUNDARAGI, DIST. GADAG, PIN CODE-581117. …APPELLANTS (BY SRI S.M. KALWAD, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER, KOPPAL, PIN CODE-583231. 2. SRI. CHANNABASAPPA S/O. HANUMANTHAPPA GALI, AGE. MAJOR, OCC. NOT KNOWN, R/O. KOPPAL, PIN CODE-582114. …RESPONDENTS (BY SRI ABHISHEK MALIPATIL, HCGP FOR R1 (TAKE NOTICE)) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, 1894, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 22.10.2021 MADE IN LAC.NO.58/2012 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, KOPPAL, 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:1930 MFA No. 104518 of 2022 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) It is submitted that the subject matter of the appeal is less then Rs.10,00,000/- (Rupees ten lakhs only) and the appeal before this Court is not maintainable in view of the provisions of Section 19(1) of the Karnataka Civil Courts Act, 1964. Therefore, the appeal is not maintainable. 2. Accordingly, the appeal stands dismissed by reserving liberty to the appellant to file the present appeal before the jurisdictional District Court having pecuniary jurisdiction. 3. The Registry is directed to return the original papers to the counsel for the appellant, after taking photocopies of the same along with the quantum of court fee permitted to be refunded. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP List No.: 1 Sl No.: 3