B. RAMANJINAPPA Vs. KRISHNAPPA

JUDGEMENT

(1.) The petitioners have sought to challenge the order passed in Misc.No.10016/2014 (LAC) dtd. 27/8/2016 by the learned IV Additional District and Sessions Judge at Doddaballapura, raising various grounds including that the petitioners have right in the property that was acquired and they were not arrayed as parties in Misc.No.10016/2014.

(2.) Learned counsel appearing for respondent No.4 submits that the impugned order in Misc.No.10016/2014 being passed on the basis of the petition filed under Sec. 3H(4) of the National Highways Act, 1956 (hereinafter referred to as 'the NH Act' for short) at the instance of the Special Land Acquisition Officer and the Competent Authority and after adjudication, an order being passed, the appropriate remedy as against such order would be to file first appeal by construing the order passed in Misc.No.10016/2014 as an adjudication and the learned counsel relies on the judgment in the case of Smt.Gowramma Vs. The Spl. Land Acquisition Officer and Others,ILR 2010 KAR 4186.

(3.) Learned counsel for the petitioners would submit that the present case is not technically a reference as understood insofar as the petition filed by the Highways Authorities itself.