High CourtsDIVISION BENCH(2017) 03 KAR CK 0126

H.M. RAJASHEKARAIAH S/O H M BASAVAIAH vs THE EXECUTIVE ENGINEER KPTCL LARGE WORKS DIVISION, & ANR.

Karnataka High Court · Decided on 21 March 2017

HON’BLE JUDGES
Subhro Kamal Mukherjee, Budihal R.B.
RESULT
Dismissed
CASE NUMBER
4711 of 2016 (GM-KEB)

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Judgment

10 paragraphs · 225 words
1.

The appeal is filed belatedly. There is a delay of 814 days.

2.

This appeal is filed against the judgment and order dated August 07, 2014, challenging the decision of the Hon''ble Single Judge in Writ Petition No.40536 of 2013.

3.

By filing the writ petition, the petitioner challenged the order dated June 29, 2013, passed by the Additional District and Sessions Judge, Chitradurga, in Miscellaneous No.217 of 2011, determining the compensation payable to the landlord.

4.

The Hon''ble Single Judge, by the order impugned, allowed the writ petition.

5.

This appeal is filed against such order.

6.

In our understanding, the Hon''ble Single Judge exercised His Lordship''s power conferred under Article 227 of the Constitution of India.

7.

No appeal would lie under Section 4 of the Karnataka High Court Act, 1961, against an order of the Hon''ble Single Judge passed in exercise of the power conferred under Article 227 of the Constitution of India in a matter arising against an order passed by the court subordinate to the High Court, as held by the Full Bench of this court in the case of THAMMANNA AND OTHERS versus Ms.RENUKA AND OTHERS reported in ILR 2009 KAR 1207.

8.

Therefore, the application seeking for condonation of delay is dismissed.

9.

Consequently, the appeal is, also, dismissed.

10.

We make no order as to costs.