Karnataka High Court
Basavantappa S/O. Basappa Khot vs The Special Land Acquisition Officer on 25 July, 2024
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NC: 2024:KHC-D:10585
MFA No. 21275 of 2012
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 25TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO.21275 OF 2012 (LAC)
BETWEEN:
1. BASAVANTAPPA S/O. BASAPPA KHOT
SINCE DECEASED BY HIS LRS.
1A. MALLIKARJUN S/O. BASAVANTAPPA KHOT,
AGE: 50 YEARS, OCC: AGRICULTURE.
1B. BASAVARAJ S/O. BASAVANTAPPA KHOT,
AGE: 46 YEARS, OCC: AGRICULTURE.
1C. SHIVAYOGI S/O. BASAVANTAPPA KHOT
AGE: 42 YEARS, OCC: AGRICULTURE.
1D. SMT. SUVARNA W/O. RACHANNA PATTANSHETTI
AGE: 44 YEARS, OCC: HOUSEHOLD WORK.
1E. SMT. SUNANDA W/O. RATNAKUMAR VAIJAPUR
AGE: 40 YEARS, OCC: HOUSEHOLD,
ALL ARE R/O. KUNDARAGI,
Digitally
signed by
TAL: & DIST: BAGALKOT.
MANJANNA E ...APPELLANTS
Location: (BY SRI. BASAVARAJ BYAKOD, ADVOCATE)
HIGH COURT
OF
KARNATAKA AND:
THE SPECIAL LAND ACQUISITION OFFICER
UPPER KRISHNA PROJECT, BILAGI,
TQ: BILAGI, DIST: BAGALKOT.
...RESPONDENT
(BY SRI. ABHISHEK MALIPATIL, HCGP)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION ACT,
AGAINST THE JUDGMENT AND AWARD DTD: 18-12-2009 PASSED IN
LAC NO.702/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN),
BILAGI, PARTLY ALLOWING THE REFERENCE PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
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NC: 2024:KHC-D:10585
MFA No. 21275 of 2012
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellants has filed a memo seeking permission of this Court to withdraw the appeal. Contents of the memo reads as under:
"MEMO FOR WITH DRAW OF APPEAL "Herein the advocate for appellant begs to submits as under, that in the top noted case, and also office has raised the office objection "regarding maintainability" as well as in view of the judgment and AIR 2011 KARNATAKA 73 FULL BENCH. In view of the judgment since the value of the appeal is less than 10 lacks.
Hence the appellant may be permit to withdraw the appeal and re present appeal before the appropriative authority.
Hence this memo.
2. In view of the memo and supporting submission, the appeal is dismissed as withdrawn. However, the liberty is granted as sought for.
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NC: 2024:KHC-D:10585 MFA No. 21275 of 2012
3. The office is directed to return the appeal papers to the learned counsel for the appellant to submit the same before the appropriate authority.
4. Notify the High Court Government Pleader regarding withdrawal of the appeal.
Sd/-
JUDGE EM/ct-an List No.: 1 Sl No.: 14