Karnataka Neeravari Nigam Ltd vs The Special Land Acquisition ...
2022 Latest Caselaw 10694 Kant

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        IN THE HIGH COURT OF KARNATAKA
                DHARWAD BENCH

      DATED THIS THE 12th DAY OF JULY, 2022

                      BEFORE

 THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

         M.F.A.No.101460/2016 (LAC)

BETWEEN

KARNATAKA NEERAVARI NIGAM LTD.,
REP. BY ITS EXECUTIVE ENGINEER,
HBC DIV., ATHANI, DIST: BELGAUM
                                     ....APPELLANT
(BY SRI BASAVARAJ BYAKOD, ADVOCATE FOR
SRI RAMESH N. MISALE, ADVOCATE)

AND

1.    THE SPECIAL LAND ACQUISITION OFFICER,
      HIPPARAGI PROJECT, ATHANI-591 304.

2.    THE STATE OF KARNATAKA
      REPRESENTED BY
      DEPUTY COMMISSIONER,
      BADAMI ROAD, BAGALKOT-587 201.

3.   SRI ANNASAB S/O.TATYASAB DESAI,
     AGE:73 YEARS, OCC: AGRICULTURE,
     R/O.HALINGALI-587 315
     TQ:JAMKHANDI, DIST: BAGALKOT.
                                    ...RESPONDENTS
(BY SRI VINAYAK KULKARNI, ADDL. GOVERNMENT
ADVOCATE FOR RESPONDENT NO.1)

     THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 54(1) OF THE LAND ACQUISITION ACT
PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE
JUDGMENT AND AWARD DATED 31.08.2015 PASSED IN
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LAC.NO.17/2014 BY THE ADDITIONAL   SENIOR CIVIL
JUDGE AND JMFC COURT, JAMKHANDI BY LIMITING THE
ENHANCEMENT OF MARKET VALUE OF THE ACQUIRED
LAND TO RS.3,60,000/- PER ACRE INSTEAD OF
RS.5,36,500/-.

     THIS APPEAL COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:

                           JUDGMENT

Learned counsel Sri Basavaraj Byakod, appearing on

behalf of learned counsel Sri Ramesh N. Misale, for

appellant files memo seeking permission for withdrawal of

this appeal.

2. The memo dated 12.07.2022 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 Therefore, appeal may please be disposed as withdrawn and the Court fee paid by the appellant may pleased be ordered to be refunded to the appellant receivable through his Counsel in the interest of justice and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."

3. It is also prayed by the learned counsel for

appellant for refund of Court fee in view of the appeal not

being taken forward. Hence, placing the memo and

submission of the learned counsel on record. Appeal is

dismissed as withdrawn.

4. Registry to refund full Court fee paid by the

appellant in view of amendment to the Karnataka Court-

Fees and Suits Valuation Act, 1958 as per the Karnataka

Act No.37/2020 which has come into force on 31.07.2020

with his excellency the Governor's assent on 16.10.2020,

100% of the Court fee shall be refunded to the appellant.

SD JUDGE ckk