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1990 Supreme(SC) 183

K.RAMASWAMY, RANGANATH MISRA
V. R. Katarki – Appellant
Versus
State of Karnataka – Respondent


Advocates:
B.B.ACHARYA, M.C.BHANDARE, P.R.RAMASESHESH.S.PARIHARHAR, RAJESHWAR THAKUR, Ranji Thomas, T.SHRIDHARN

JUDGMENT

JUDGMENT :— The appellant was a Civil Judge in the Karnataka Judicial Service and was posted at Bagalkot in the district of Bijapur. Some time after 1979, acquisition proceedings under Central Act 1 of 1894 for the purposes of Upper Krishna Project which was being funded by the World Bank had been undertaken and references under S. 18 of the Act were pending which came to be adjudicated upon by the appellant. On the basis of information reaching the High Court of several irregularities therein, disciplinary proceedings were initiated against the appellant with many allegations but the main ones with which we are concerned are: (1) notwithstanding the provision contained in S. 82 of the Code of Civil Procedure that decrees against the State were not available to be executed for 90 days from the date of making of the decree; steps were taken to enforce the Awards by writing letters to the Land Acquisition Officer; (2) higher valuation than was legitimate of the lands were fixed by the appellant; (3) printed order sheets other than those provided at the cost of the State to be used in judicial proceedings were used in the land acquisition cases where apart from indicating the








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