The Executive Engineer vs Basappa Goudappa Kulakarni

Citation : 2021 Latest Caselaw 441 Kant
Judgement Date : 7 January, 2021

Karnataka High Court
The Executive Engineer vs Basappa Goudappa Kulakarni on 7 January, 2021
Author: Ashok S. Kinagi
           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

       DATED THIS THE 7TH DAY OF JANUARY 2021

                          BEFORE

      THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

           M.F.A. NO.105208/2019 (LAC)

BETWEEN:

THE EXECUTIVE ENGINEER
MLBC NAVILTEERTH, KNNL
DIV.NO.2, SAVADATTI - 591126
                                                ...APPELLANT
(BY SRI. M. B. KANAVI, ADV.)

AND

1.    BASAPPA GOUDAPPA KULAKARNI, 68
      R/O KADROLLI, TQ: BAILHONGAL
      DIST: BELAGAVI - 591102

2.    THE SPECIAL LAND ACQUISITION OFFICER
      MP III, BAGALKOTE - 587101

3.    THE STATE OF KARNATAKA
      R/BY PRL. SECRETARY REVENUE DEPT.
      VIDHANA SOUDHA, BANGALORE
                                          ...RESPONDENTS

(BY SRI. V. S. KALASURMATH, HCGP FOR R2 & R3)

      THIS MFA IS FILED UNDER SECTION 74 OF THE LAND
ACQUISITION, R AND R ACT, 2013 AGAINST THE JUDGMENT
AND AWARD DATED 24.04.2019 PASSED IN LAC No.924/2017
ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE,
BELAGAVI, AWARDING COMPENSATIN OF Rs.8,12,800/- PER
ACRE.
                               2




     THIS MFA COMING ON FOR ORDERS, THIS DAY THE
COURT DELIVERED THE FOLLOWING:


                         JUDGMENT

Learned counsel appearing for the appellant has filed an application in I.A.No.1/2021 seeking for withdrawal of the appeal with liberty to file a Review Petition.

2. Accepting the reasons assigned in I.A.No.1/2021, the application is allowed and the appeal is dismissed as withdrawn with liberty to file a Review Petition.

3. Registry is directed to refund the Court fee as per Section 66 of the Karnataka Court Fees and Suits Valuation Act, 1958.

4. Learned Additional Government Advocate accepts notice for respondent No.1. He is permitted to file memo of appearance within a period of two weeks.

Sd/-

JUDGE NAA