09.07.2024:

COMMON ORDER IN A.NOs.1963 TO 1981 OF 2024

Delivered by Mr.K.B.Sangannanavar. Prl.DJ (R) Judicial Member.

1. These appeals are filed arising out of the order passed in EA Nos.204 to 211, 213, 214 & 216 to 223/2023 and EA No.02/2024, dated: 25.06.2024 and 27.06.2024  respectively. The appellant is none other the OP/JDR and the respondent in the respective appeals are different, since the orders under challenge is almost similar are hereby entertained to hear on admission.

2.  These appeals  are filed under section 73 of C.P. Act, 2019.   The Commission heard learned Counsel and found satisfied to dispense with issuance of notice not only to avoid delay but also to save time and money to the parties to the respective respondent.

3. Learned counsel for Appellant/JDR submits that, there are 69 plots formed in Sy. No.613/3 to be allot and execute sale deeds as promised and in this regard JDR had requested the Sub Registrar, Hubli, to furnish guidance value certificate in support of Sy. No.613/3 and submits in EA/212/2023 & EA No.215/2023 JDR has already satisfied the award obtained by DHR and to find support has produced order sheet, wherein could see on 06.04.2024 EA No.212/2023 is closed before Lok Adalath as settled and in EA No.215/2023 on 06.04.2024 the EA also came to be closed before Lok Adalath by recording FS.  In such circumstances considering the order dated: 16.05.2024 and 25.06.2024, wherein directed Head Constable – No.1469 Mr. U.K. Nayak of Vidyanagara Police station to execute warrant within 10 days, which in our view is not sustainable, since   warrant has to be execute pursuant to warrant issued by Commission under the supervisory and control of SHO or the Police Inspector or the Police Sub-Inspector as the case may be.  In such circumstances the impugned orders in so for as giving direction to Mr. U.K. Nayak, H.C No.1469 is concerned is liable to be set aside.  Learned counsel for appellant submits that, JDR undertakes to    satisfy all the awardees  within six months of time  is hereby recorded.   In view of this undertaking of the Jdr Commission found satisfied to hold that the undertaking is genuine and could be considered considering the fact that he had already settled in three of the cases which are cited supra. In such view of the matter the  Commission directed the DHR to see that all awards, in particular EAs involved in these appeals are to be settled without raising any objections.   Hence proceed to allow all the appeals. Consequently set aside the order dated: 25.06.2024 passed in EA Nos. 204 to 211, 213, 214 & 216 to 223/2023 and EA No.02/2024 and directed executing Commission to allow JDR 06 months of time from today to satisfy awards involved in these Appeal cases failing which to take coercive steps against JDR/Accused in order to execute the awards by adopting all the legal measures provided under CPA 2019.  Accordingly all the Appeals stand disposed-off.

04.   The original order is directed to be keep in Appeal No.1963/2024 and a true copy thereof in Appeal Nos.1964 to 1981/2024.

05.   Send copy of this order to concerned District Commission and parties to the Appeals.

                                       Sd/-

                                        JUDICIAL MEMBER

           KNMP*