Shivashankargouda S/O ... vs The Special Land Acquisition ...
2021 Latest Caselaw 5131 Kant

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           IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

     DATED THIS THE 30TH DAY OF NOVEMBER, 2021
                      PRESENT
     THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
                        AND
         THE HON'BLE MR.JUSTICE S. RACHAIAH
             MFA No.102518 OF 2018 (LAC)

BETWEEN:

1.     SHIVASHANKARGOUDA S/O TIMMANAGOUDA
       POLICE PATIL, AGE:67 YEARS,
       OCC:AGRICULTURE & ADVOCATE.

2.   NAGANAGOUDA S/O SHANKARGOUDA
     NAGANAGOUDRA, AGE:60 YEARS,
     OCC:AGRICULTURE, BOTH ARE R/O
     VIDHYAGIRI, BAGALKOT, TQ & DIST:BAGALKOT.
                                       ....APPELLANTS
(BY SRI. JAGADISH PATIL, ADVOCATE)

AND:

THE SPECIAL LAND ACQUISITION OFFICER
UPPER KRISHNA PROJECT, BAGALKOT.
                                       ....RESPONDENT

     THIS APPEAL IS FILED UNDER SECTION 54(1) OF THE
LAND ACQUISITION ACT, PRAYING TO MODIFY THE
JUDGMENT AND AWARD PASSED BY THE II SENIOR CIVIL
JUDGE, BAGALKOT IN LAC NO.563/2002 DATED 16.11.2011
BY ALLOWING THIS APPEAL BY ENHANCING THE MARKET
VALUE IN THE INTEREST OF JUSTICE AND EQUITY.

     THIS APPEAL COMING ON FOR ORDERS THIS DAY,
S.SUNIL DUTT YADAV J., PASSED THE FOLLOWING:
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                         ORDER

Learned counsel for the appellants has filed a memo

dated 4.3.2021 which reads as under:

abovementioned are filing this memo for withdrawal of the above noted appeal. The claimants/appellants for the reason that they are unable to afford and bear the burden of hear court fees have hereby opted for the withdrawal of the above noted appeal even though, they are rightfully entitled to the relief claimed in their prayer. As such, it is humbly prayed before this Hon'ble Court that the claimants/appellants be allowed to withdraw the abovementioned appeal in the interest of justice and equity."

2. In the light of the same, appeal is dismissed as

withdrawn. However, it is made clear that withdrawal of

the appeal will not in any way confer any rights as regards

vis-à-vis other matters. Office objections stand waived in

the light of disposal of the appeal.

Sd/-

JUDGE

Sd/-

JUDGE

JTR