Karnataka Neeravari Nigam Ltd vs The Special Land Acquistion ...
2022 Latest Caselaw 107 Kant

         IN THE HIGH COURT OF KARNATAKA,
                  DHARWAD BENCH

        DATED THIS THE 4TH DAY OF JANUARY 2022

                       PRESENT

        THE HON'BLE MR. JUSTICE S.G. PANDIT

                         AND

 THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

              MFA No.102242/2015 (LAC)


BETWEEN:

KARNATAKA NEERAVARI NIGAM LTD.,
REPRESENTED BY ITS EXECUTIVE ENGINEER
GRBC DIV NO.2, HIDKAL DAM
TAL: HUKERI, DIST. BELAGAVI
                                            ...APPELLANT
(BY SRI.RAMESH N MISALE, ADVOCATE)

AND

1.    THE SPECIAL LAND ACQUISTION OFFICER
      HIDKAL DAM PROEJCT, HIDAL DAM
      591107, TAL: HUKERI
      DIST. BELAGAVI

2.    SMT.AVVAKKA W/O HALAPPA AALURI
      AGE:MAJOR, OCC. AGRICULTURE
      R/O JINARAL
      NOW AT YAMAKNMARADI-591 246
      TAL: HUKKERI
      DIST. BELAGAVI

3.    SRI.NINGAPPA S/O HALAPPA AALURI
      AGE:MAJOR, OCC. AGRICULTURE
      R/O JINARAL
                           2



     NOW AT YAMAKNMARADI-591 246
     TAL: HUKKERI, DIST. BELAGAVI

4.   SRI.JOTEPPA S/O RATNAPPA AALURI
     AGE:MAJOR, OCC. AGRICULTURE
     R/O JINARAL
     NOW AT YAMAKNMARADI-591 246
     TAL: HUKKERI, DIST. BELAGAVI

5.   SRI.KEMPANNA S/O RATNAPPA AALURI
     AGE:MAJOR, OCC. AGRICULTURE
     R/O JINARAL
     NOW AT YAMAKNMARADI-591 246
     TAL: HUKKERI
     DIST. BELAGAVI

6.   SRI.BABU S/O NAGAPPA AALURI
     AGE:MAJOR, OCC. AGRICULTURE
     R/O JINARAL
     NOW AT YAMAKNMARADI-591 246
     TAL: HUKKERI, DIST. BELAGAVI

7.   sri.BALAPPA S/O NAGAPPA AALURI
     AGE:MAJOR, OCC. AGRICULTURE
     R/O JINARAL
     NOW AT YAMAKNMARADI-591 246
     TAL: HUKKERI, DIST. BELAGAVI

8.   SMT.PARAVVA W/O BHIMAPPA MALAGI
     AGE:MAJOR, OCC. AGRICULTURE
     R/O JINARAL
     NOW AT YAMAKNMARADI-591 246
     TAL: HUKKERI
     DIST. BELAGAVI

9.   SMT.SHIVAVVA W/O TIPPANNA KAMATE
     AGE:MAJOR, OCC. AGRICULTURE
     R/O JINARAL
     NOW AT YAMAKNMARADI-591 246
     TAL: HUKKERI, DIST. BELAGAVI

10.  SRI.KALLAPA S/O SATTEPPA AALURI
SINCE DECEASED BY HIS LRS.,
                            3



10A. SMT.SHOBHA W/O KALLAPA AALURI
     AGE:38 YEARS,
     OCC. AGRICULTURE AND HOUSEHOLD WORK
     R/O HOSUR CHAMPU-416 501
     TAL: GADIHANGLAJ
     DIST. KOLHAPUR
     MAHARASHTRA

10B. KUM.MAHADEVI D/O KALLAPPA AALURI
     AGE:17 YEARS, OCC. STUDENT
     R/O HOSUR CHAMPU-416 501
     TAL: GADIHANGALAJ
     DIST. KOLHAPUR
     MAHARASHTRA

10C. KUM.SATTEPPA S/O KALLAPPA AALURI
     AGE:15 YEARS, OCC. STUDENT
     R/O HOSUR CHAMPU-416 501
     TAL: GADIHANGALAJ
     DIST. KOLHAPUR
     MAHARASHTRA

      SINCE RESPONDENTS NO.10B AND 10C
      ARE MINORS, REPRESENTED BY THEIR
      MOTHER AS GUARDIAN-10A

11.   SRI.PUNDALIK S/O SATTEPPA AALURI
      AGE:MAJOR, OCC. AGRICULTURE
      R/O JINARAL
      NOW AT YAMAKANMARADI-591 246
      TAL: HUKKERI, DIST. BELAGAVI

12.   SRI.SHANKAR S/O RAMA AALURI
      AGE:MAJOR, OCC. AGRICULTURE
      R/O JINARAL
      NOW AT YAMAKANMARADI-591 246
      TAL: HUKKERI, DIST. BELAGAVI
                                         ...RESPONDENTS
(BY SRI.G.K.HIREGOUDAR, GOVT. ADV. FOR R1,
 SRI.K.ANANDKUMAR, ADVOCATE FOR R3-12)

     THIS APPEAL IS FILED UNDER SECTION 54(1) OF LA ACT,
AGAINST THE JUDGMENT AND AWARD DATED 24.04.2015
                                  4



PASSED IN LAC NO.31/2012 ON THE FILE OF THE SENIOR CIVIL
JUDGE, HUKKERI AWARDING THE COMPENSATION OF
RS.4,00,000/- PER ACRE.

      THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
S.G. PANDIT J., PASSED THE FOLLOWING:

                             ORDER

Learned counsel for the appellant files a memo dated

04.01.2022 which reads as under:

"1. The appellant has taken a decision to honor the Judgment and Award under appeal and hence seeking leave of this Hon'ble Court to withdraw the above appeal.

2. Therefore, appeal may please be disposed as withdrawn and the Court Fee paid by the appellant may pleased be ordered to be refunded to the appellant receivable through his counsel in the interest of justice and equity."

Memo is taken on record. The appeal is dismissed as

withdrawn.

Registry is directed to refund the admissible court

fee to the appellant.

Sd/-

JUDGE

Sd/-

JUDGE sh