: 1 :

IN THE HIGH COURT OF BENCH

DATED THIS THE 06 T H DAY OF OCTOBER, 2017

BEFORE

THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR

C.P.NO.100076/2016

BETWEEN:

THE UNION OF , REPRESENTED BY ITS GENERAL MANAGER, THROUGH THE DEPUTY CHIEF ENGINEER, (CONSTRUCTIONS DEPARTMENT) SOUTH WESTERN RAILWAY, HUBLI. … PETITIONER

(BY SMT.ANURADHA DESHPANDE, ADVOCATE.)

AND:

1. LAXMIAVVA W/O RAMAPPA ANCHI, R/O MANDIHAL TQ/DIST: DHARWAD. AGE : MAJOR, OCC: AGRIL.

2. BABULAL S/O RAMAPPA ANCHI, R/O MANDIHAL TQ/DIST: DHARWAD. AGE : MAJOR, OCC: AGRIL.,

3. ASHOK S/O RAMAPPA ANCHI, SINCE DECEASED BY LRS.,

3A. SHANTAVVA W/O ASHOK ANCHI, R/O MANDIHAL TQ/DIST: DHARWAD, AGE : 45 YEARS, OCC: AGRIL.

3B. BHARATHI D/O ASHOK ANCHI, R/O MANDIHAL TQ/DIST: DHARWAD, AGE : 30 YEARS, OCC: AGRIL.

3C. JYOTI D/O ASHOK ANCHI, R/O MANDIHAL TQ/DIST: DHARWAD, AGE : 28 YEARS, OCC: AGRIL.

: 2 :

3D. REKHA D/O ASHOK ANCHI, R/O MANDIHAL TQ/DIST: DHARWAD, AGE : 22 YEARS, OCC: AGRIL.,

3E. JYOTIBA S/O ASHOK ANCHI, R/O MANDIHAL TQ/DIST: DHARWAD, AGE : 25 YEARS, OCC: AGRIL.,

4. SUBHAS S/O RAMAPPA ANCHI, R/O MANDIHAL TQ/DIST: DHARWAD.

5. ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER, DHARWAD. … RESPONDENTS

THIS PETITION IS FILED UNDER SECTION 24 OF CIVIL PROCEDURE CODE PRAYING TO PASS AN ORDER TRANSFERRING THE MISC.APPEAL 75/2014 ALONG WITH THE COURT FEE ON THE FILE OF PRINCIPAL DISTRICT JUDGE, DHARWAD AND HEAR THE SAME ALONG WITH MFA NO.102674/2014 TO 102682/2014 ON THE FILE OF THIS HON’BLE COURT.

THIS PETITION COMING ON FOR ORDERS THIS DAY, THIS COURT, PASSED THE FOLLOWING:

ORDER

Heard the petitioner’s counsel.

The District Court where the appeal was filed, has already passed an order stating that it has no jurisdiction to entertain the appeal in view of the judgment of this court in the case of “Indian Council of Agricultural Research, represented by its Director Vs. Smt.Varija and others”

(ILR 2011 KARNATAKA 499) . This order shows that the appeal preferred before the District Court was ordered to be

: 3 : returned to the appellant for presentation before the proper forum i.e., High Court. When the District Court has passed an order, the petitioner can take back the appeal from the

District Court and re-present the same before this Court.

Office objection is sustained.

This transfer petition is dismissed.

Sd/- JUDGE

EM.