Case Note & Summary
The appellant, Sri Veerabhadreshwara Industrial Training College, filed an intra-court appeal under Section 4 of the Karnataka High Court Act against an order dated 07.12.2022 passed by a learned Single Judge in WP No. 59742/2014. The Single Judge had allowed the writ petition filed by respondent No.1, Sri L. Vivekananda, and quashed the acquisition proceedings concerning 2 acres and 9 guntas of land in Sy.No.75/2 of Allanahalli village, Mysore. The appellant was not a party to the writ petition. The appellant claimed to have an interest in the land and sought to challenge the quashing of acquisition. The Division Bench, comprising the Chief Justice and Justice Krishna S Dixit, dismissed the appeal, holding that the appellant lacked locus standi as they were not a party to the original proceedings and failed to demonstrate any prejudice or direct interest. The court noted that the appellant did not seek to implead themselves in the writ petition and could not now challenge the order. The appeal was dismissed without going into the merits of the acquisition proceedings.
Headnote
A) Civil Procedure - Locus Standi - Non-party Appeal - A person not a party to the original proceedings cannot maintain an appeal against the order unless they demonstrate that they are aggrieved and have a direct interest in the subject matter - The appellant, not being a party eo nomine to the writ petition, failed to show any prejudice caused to them by the quashing of acquisition proceedings - Held that the appeal is not maintainable (Paras 1-3).
Issue of Consideration
Whether a person who was not a party to the writ petition can maintain an intra-court appeal against the order quashing acquisition proceedings, and whether the appeal is maintainable on merits.
Final Decision
The appeal is dismissed. The appellant not being a party to the writ petition cannot maintain the appeal.
Law Points
- Locus standi
- Non-party appeal
- Land acquisition
- Lapse of proceedings
- Writ appeal maintainability
Case Details
WA No. 413 of 2023 (LA-UDA)
Prasanna B. Varale, Chief Justice, Krishna S Dixit, Justice
Sri. Naveen G S., Advocate for appellant; Smt. Niloufer Akbar., Additional Government Advocate for R2
Sri Veerabhadreshwara Industrial Training College
Sri L. Vivekananda, State of Karnataka, The Commissioner, Mysore Urban Development Authority
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Nature of Litigation
Intra-court appeal against order of Single Judge quashing land acquisition proceedings.
Remedy Sought
Appellant sought to set aside the order dated 07.12.2022 in WP No. 59742/2014 and to uphold the acquisition proceedings.
Filing Reason
Appellant claimed interest in the land and challenged the quashing of acquisition proceedings.
Previous Decisions
Learned Single Judge allowed the writ petition and quashed acquisition proceedings concerning 2 acres 9 guntas in Sy.No.75/2 of Allanahalli village.
Issues
Whether the appellant, not being a party to the writ petition, has locus standi to file the appeal.
Whether the appeal is maintainable on merits.
Submissions/Arguments
Appellant argued that they have an interest in the land and the quashing of acquisition affects them.
Respondents contended that the appellant was not a party and cannot challenge the order.
Ratio Decidendi
A person not a party to the original proceedings cannot maintain an appeal against the order unless they demonstrate that they are aggrieved and have a direct interest in the subject matter. The appellant failed to show any prejudice caused to them by the quashing of acquisition proceedings.
Judgment Excerpts
The appellant not being a party eo nomine to the writ petition has filed this intra court appeal for laying a challenge to a learned Single Judge's order dated 07.12.2022 whereby the said writ petition having been favoured, the acquisition proceedings concerning the land admeasuring 2 Acres & 9 Guntas in Sy.No.75/2 of Allanahalli village have been quashed.
Procedural History
The writ petition WP No. 59742/2014 was allowed by the learned Single Judge on 07.12.2022, quashing acquisition proceedings. The appellant, not a party to the writ petition, filed this intra-court appeal under Section 4 of the Karnataka High Court Act.
Acts & Sections
- Karnataka High Court Act: Section 4
