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.27057 OF 2019 (LA-RES) BETWEEN:
Suraiah S/o Marlahally Basaiah Aged abouat 57 years, Agriculturist R/o Nerlahally Molkalmur Taluk – 577 535. Chitradurga District.
... Petitioner (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.46/2018 at Annexure-D dated 04.06.2019 passed by the Prl. District and Sessions Judge at Chitradurga and allow the I.A.No.1 of 2018 in M.A. (LAC) No.46/2018 on the file of the Prl. District and Sessions Judge at Anenxure-E and remand the matter to the Prl. District and Sessions Judge/Appellate Court, Court to examine the appeal on merits in accordance with law.
This Writ Petition coming on for Orders, this day, the Court made the following:-
ORDER Learned counsel for the petitioner 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 petitioner files an appeal within a period of one week from today, he 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 petitioner on substitution thereof by a photo copy.
With the aforesaid liberty, the writ petition is disposed of.
Sd/- JUDGE dn/-