High Court Karnataka High Court

Neelamma vs Special Land Acquisition Officer on 22 July, 2009

Karnataka High Court
Neelamma vs Special Land Acquisition Officer on 22 July, 2009
Author: V Jagannathan
 * «..uPPv§;;2 KRIS»!-INA PR::m;=B:C3",

 =.;m:;~1,~9::;s":rr;'B,;J;gP:;R-586 101.
 _ (By  S_i}'8H§§SH MALLAPUR, HCGP)

V' 'fif)§DER BATED 22.11.2806 PASSED IN MISC.NO.42/2004

 --f.?'r}agE pmmon FILED (3/0 9 RULE 9 R/W SEQ151 OF czpc
T im RESTORE THE LAC £40,163/03 wH;<::H was CLOSED
 FOR THE TIME BEING.

1
IN me 21:93 COURT OF KARNATAKA 
CIRCUIT BENCH, GULBARGA V_ '

BATES THES THE 22% DAY OF JULYj : f r.- 4 
BEFORE  _ 4. V  V

THE: HONTSLE i\rIR.JUS'I'iC=E vi.3'5'GA1$:.%§AT§iA?f{%_ _   1'

MFA N0.239.5g42o07'{'LA<:1  V '

BETWEEN:

NEE-L-EKMMA

W/0 sHzvAsHAR.A'N..APP_;A G£~'1{;1,L£*~.j"--.. .
A<:;E:;57 YEARS; ot;t£;:A(;'§<I(3;J'LTURE"~  
R/C:8HANT;..M312,'~<r{;:s;N_;:(;£,  V ' »
D:sT:8;JAPuR»$_8'¢; 10:.» _  '_ 

 . APPELLANT
(By s::.£as3-is-K.1é§";§2x§;x*.AN.9;S*::{§:'?rY, Adv.)
AND: « ' V ' 4'

sP&:«;:;;fA:, LAND Acfigifixsi-r1o:\z OFFICER,

§~?AMi7'URA, .N{}W._A'F §ND¥ RAILWAY STATEON,

 RESPONDENT

MFA IS P’ILE{) U/S 41 OF CPS, AGAINST THE

GN’ THE FILE OF {I ADDL. JUDGE, BIJAPUR, DISMISSiNG

‘I’I%*£IS APPEAL COMING ON FOR AI)MiSSION THIS
BAY, THE COURT DELIVERED THE FOLLOWING:

3
reference psroceedings as according tn the appeilarit she

was the owner ef the land in Sy.No.162 by virme

judgment I’€I1{‘3.€1’6d in O.S.N0.85/92 and

the Appellate Ceurt in F£.A.No.41/95. %mi~,e«T

appeliarzt had every right to

gending before the referenee,CQurt.”” .B’ut,

the Court below did 81} these
aspects of filed by
the appenmfi; ~, 4. e

4f “”” fis«ii1t%,- ‘;i<'33.I'I1(":d Government
p1eacier "arg1'_1e(i though was declared

an be me 2;; respect of the Iand bearing

yet as the land acquired by the

Cxeveifniieiif "i5{es;neer11ed that area was excluded while

emit in CI.S.N0.85/92 on the ground that

sa'ic§ ':.portien was acquired by the Government.

'T_i'1e;'eiT3re, it is for the appellant to establish that she is

"-.".':V"e1§§r1er of mad bearigf Sy.No.162.

//"

4_/

5. in the light of the above submissi.Qns”nJfé–.d;€;-, _

am of the View that, restoration of reference ~ ..

is required, in the ends of:

IrA£1NoJ63/93 and theysanmfjs’1equfi§¢_toEbell

disposed of in accordance law batters both
sides an opportunity respect of

their rival contentions.

6. leaving open all
the contentions’ below is directed
to restore . Thereaftetwards, the
appellant is the said proceedings

also urespoi dent-SLAO to place the material in

taken by him after considering the

the respective parties. The reference

dispose of the matter Within a period of six

V’ “‘.n1onlth.s from the date of receipt of this order.

Sd/-

JUDGE

Tl.