IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.14769 OF 2019 (LA-RES) BETWEEN:
Guddanna S/o Yarobaiah, Neralahalli, Molakalmuru Taluk, Chitradurga Distrcit – 577 529. Since dead by his LR’s Dodda Papaiah S/o late Guddanna, Since dead by his LR’s 1. Gunda Boraiah, S/o late Dodda Papaiah, (Grand son of Guddanna), Aged about 25 years, 2. Obaiah S/o late Guddanna Aged about 55 years 3. Boraiah S/o late Guddanna Aged about 52 years 4. G.Obaiah, S/o late Guddanna Aged about 40 years 5. Basanna, S/o late Guddanna Aged about 35 years All are agriculturists and Coolies, R/o Neralahally Village, Kasaba Hobli, Molakalmuru Taluk, Chitradurga Distrcit – 577 529.
... Petitioners (By Sri.Gopalakrishnamurthy .C, Advocate) AND:
The Special Land Acquisition Officer, Chitradurga – 577 501.
(By Sri.E.S.Indiresh, AGA) ... Respondent This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to call for records; quash the impugned order on I.A.No.1 of 2018 for condonation of delay in M.A.(LAC) No.05/2018 at Annexure-E dated 31.01.2019 passed by the Prl.District and Sessions Judge at Chitradurga and allow the I.A.No.1 of 2018 in M.A. (LAC) No.05/2018 on the file of the Prl.District and Sessions Judge at Anenxure-C and remand the matter to the Prl.District and Sessions Judge/Appellate Court, Chitradurga to examine the appeal on merits in accordance with law.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Learned counsel for the petitioners seeks leave of this Court to withdraw the writ petition with liberty to file an appeal under Section 54 of the Land Acquisition Act, 1894.
2. In view of the aforesaid submission, the writ petition is disposed of. Needless to state that in case the petitioners file an appeal within a period of one week from today, they shall be entitled to the benefit of principles contained under Section 14 of the Limitation Act, 1963.
3. Office is directed to return the certified copy of the impugned order to learned counsel for the petitioners on substitution thereof by a photo copy.
With the aforesaid liberty, the writ petition is disposed of.
Sd/- JUDGE dn/-