RANGA Vs. SPECIAL LAND ACQUSITION OFFICER KHEP

JUDGEMENT

(1.) THE petitioner filed the above writ petition challenging the order dated 17.4.2013 made in Civil Misc.2/2010 on the file of the Civil Judge, Yellapur, sitting at Haliyal, allowing the petition filed under Order IX Rule 4 of Code of Civil Procedure, holding that in case the petitioners succeeds in the reference court, they are not entitled to interest on the enhanced market value for the delayed period of 4015 days (i.e. From 30.1.1999 upto 6.1.2010 on which date restitution application was filed).

(2.) THE petitioner who is claimant before the LAC Court filed LAC.No.2/1996 against the order passed by the Land Acquisition Officer/the Special Land Acquisition Officer under Section 18 of the Land Acquisition Act.

(3.) DURING the pendency of the LAC.No.2/1996 when the case was posted for evidence on 29.1.1999 the petitioner failed to appear before the Court as he had gone to his original place of residence i.e. Bogarigadda in Joida Taluk and had shifted to Kalleshwar village in the intervening period and as such he could not receive the information sent from his advocate through the letter. Therefore, the Court dismissed LAC.2/1996 for default.