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2026 DAILYLAW 39718 (KAR)

H NARASIMHAIAH v. THE SPECIAL LAND ACQUISITION OFFICER

MFA/8429/2023 · 2026-09-09

D K Singh, H Shanthi Bhushan

Transfer Petitionbody2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010668672023 NC: 2026:KHC:48835-DB MFA No. 8429 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN MISCELLANEOUS FIRST APPEAL NO. 8429 OF 2023 (LAC) BETWEEN: 1. H NARASIMHAIAH S/O HANUMANTHAPPA AGED ABOUT 80 YEARS, AGRICULTURIST R/AT VADDINAKOPPA VILLAGE SHIMOGA TALUK …APPELLANT (BY SRI. PATIL SANGANAGOUDA GURANAGOUDA., ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER UTP SHIMOGA 2. THE EXECUTIVE ENGINEER UTP, SHIMOGA …RESPONDENTS (R1 AND R2 SERVED) THIS MFA IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 29.11.2018 PASSED IN LAC.NO. 134/2004 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010668672023 NC: 2026:KHC:48835-DB MFA No. 8429 of 2023 SHIVAMOGGA, ALLOWING THE REFERENCE PETITION FILED UNDER SECTION 18(1) OF THE LAND ACQUISITION ACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present appeal under Section 54(2) of the Land Acquisition Act, 1994 has been filed impugning the order and award dated 29.11.2018 passed in LAC No.134/2004 by the Principal Senior Civil Judge and CJM, Shivamogga. 2. This appeal has been filed with a delay of 1117 days. After accepting the amount determined by the LAC Court vide order dated 13.12.2018, the appellant has approached this Court after an inordinate delay and laches. The affidavit filed in support of the application would disclose the reason that the appellant was having financial difficulties in approaching this Court. 3. Having accepted the amount of Rs.54,45,517/-, we fail to understand what financial constraints could have - 3 - HC-KAR CNR: KAHC010668672023 NC: 2026:KHC:48835-DB MFA No. 8429 of 2023 prevented the appellant from approaching this Court. The reasons assigned in the affidavit are not only false but also misconceived. Therefore, we dismiss the application seeking condonation of delay. Resultantly, the appeal stands dismissed. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE RKA List No.: 2 Sl No.: 5