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1998 Supreme(Kar) 51

B.N.MALLIKARJUNA, V.BHASKARA RAO
ABDUL RAHAMAN SHARIFF – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
B.C.SEETHA RAMA RAO, B.RUDRA GOWDA, BASAVA PRABHU S.PATIL, I.G.GACHCHINAMATH, J.V.HUISOOR, KASHINATH RAO PATIL, M.NOORULLA SHARIFF, S.N.ASHWATHANARAYANA, S.P.SHANKAR, VIJAYASHANKAR ASSOCIATES

Y. BHASKAR RAO, J.

( 1 ) THIS batch of writ petitions are filed by the claimants under the Land Acquisition Act, 1894, assailing the constitutional validity of Section 48 of the Karnataka Court Fees and Suits Valuation Act, 1958 (shortly called 'the act') to declare that Section 48 of the act as void ab initio or as violative of fundamental rights of the petitioners under articles 14 and 21 of the Constitution of India and at all events repugnant and contrary to the declaration of law laid down by the Supreme Court in p. m. "ashwathanarayana Setty and others v State of Karnataka and others.

( 2 ) THE facts of the case are that all the petitioners in these petitions are claimants under the Land Acquisition Act. Their lands were acquired under the act (act No. 1 of 1894 ). The petitioners sought a reference to the civil court as the compensation awarded by the land acquisition officer is not adequate. The reference court passed awards, after considering the material evidence on record and again appeals are preferred under Section 54 of the l. a. act. The registry has insisted payment of ad valorem court fee on the enhanced amount claimed in the appeals, as per Section 48 of the act.






































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