The Executive Engineer vs Bhimappa Shiddappa Godachi, 64
2021 Latest Caselaw 1264 Kant

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             IN THE HIGH COURT OF KARNATAKA
                     DHARWAD BENCH

         DATED THIS THE 20TH DAY OF JANUARY 2021

                          BEFORE

         THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

                 MFA NO.100102/2020(LAC)

BETWEEN:

THE EXECUTIVE ENGINEER,
MARKHANDEYA PROJECT,
GOKAK DIV.3, GOKAK TQ,
DIST: BELAGAVI-591102.
                                              .. APPELLANT
(BY SRI.M.B. KANAVI, ADV.)

AND:

1.     BHIMAPPA SHIDDAPPA GODACHI, 64
       R/O: KADABI, SAUNDATTI,
       (DIST: BELAGAVI) - 591102.

2.     SHIVANAND REVAPPA REBBANNAVAR, 64,
       R/O: KADABI, SAUNDATTI,
       (DIST: BELAGAVI) - 591102.

3.     THE SPECIAL LAND ACQUISITION,
       DIV.NO.2, BELAGAVI.
                                           .. RESPONDENTS
(BY SRI.V.S. KALASURMATH, HCGP FOR R3)

      THIS APPEAL IS FILED UNDER SECTION 74 OF RIGHT TO
FAIR   COMPENSATION      AND  TRANSPARENCY    IN   LAND
ACQUISITION, REHABILITATION AND RESETTLEMENT ACT,
2013, AGAINST THE JUDGMENT AND AWARD DATED
21.12.2018 PASSED IN LAC NO.287/2017 ON THE FILE OF THE
I ADDITIONAL DISTRICT JUDGE, BELAGAVI, PARTLY ALLOWING
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THE REFERENCE PETITION FILED UNDER SECTION 64 OF THE
RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND
ACQUISITION, REHABILITATION AND RESETTLEMENT ACT,
2013.

       THIS APPEAL 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withdrawn with liberty to file a Review Petition.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.

Sd/-

JUDGE MNS/