South Western Railway vs Badiger Dyamanna S/O Brahmanand
2022 Latest Caselaw 8022 Kant

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         IN THE HIGH COURT OF KARNATAKA
                 DHARWAD BENCH

       DATED THIS THE 02ND DAY OF JUNE, 2022

                       BEFORE

 THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

             MFA.NO.102497/2018 (LAC)

BETWEEN:

1.     SOUTH WESTERN RAILWAY,
       REP. BY ITS GENERAL MANAGER,
       HUBBALLI, SOLAPUR ROAD,
       NEAR ST. MARY'E HIGH SCHOOL,
       KESHWAPUR, HUBBALLI-580023.

2.     THE DEPUTY CHIEF ENGINEER,
       CONSTRUCTIONS-II,
       SOUT H WESTERN RAILWAY,
       KESHWAPUR, HUBBALLI-580023

                                      ....APPELLANTS

(BY SRI. MALLIKARJUN S. HIREMATH, ADVOCATE)

AND:
       BADIGER DYAMANNA S/O. BRAHMANAND
1.     BADIGER GURUSIDAPPA,
       AGE: 60 YEARS, OCC: NOT KNOWN,
       R/AT KUSUGAL, TQ: HUBBALLI,
       DIST:DHARWAD-580001.

2.     BADIGER SHANKRAPPA
       AGE: 58 YEARS, OCC: NOT KNOWN,
       R/AT KUSUGAL, TQ: HUBBALLI,
       DIST:DHARWAD-580001.
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3.   BADIGER DEVENDRAPPA W/O. BRAHMANAND,
     AGE: 16 YEARS, OCC: NOT KNOWN,
     BY NATURAL BROTHER DYAMANNA
     R/AT KUSUGAL,
     TQ: HUBBALLI,
     DIST:DHARWAD-580001.

4.   THE SPECIAL LAND ACQUISITION OFFICER
     CUM ASSISTANT COMMISSIONER,
     NEAR DEPUTY COMMISSIONER OFFICE,
     DHARWAD-580001.

5.   THE GOVERNMENT OF KARNATAKA
     REP. BY ITS CHIEF SECRETARY,
     VIDHANA SOUDHA,
     BENGLAURU-560001.

6.   THE DEPUTY COMMISSIONER
     DHARWAD-580001.

                                      ... RESPONDENT S

     THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 54(1) OF LAND ACQUISITION ACT,
AGAINST THE JUDGMENT AND AWARD DATED 06.12.2014
PASSED IN LAC NO.28/2010 ON THE FILE OF THE I-
ADDITIONAL   SENIOR   CIVIL   JUDGE     AND    MEMBER,
ADDITIONAL   MOTOR    ACCIDENT   CLAIMS       TRIBUNAL,
HUBBALLI, AWARDING COMPENSATION OF RS.35,687/-
PER GUNTA.

     THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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                                ORDER

Learned counsel for the appellants, who are the beneficiaries, has filed a memo seeking withdrawal of the appeal as entire award amount has been satisfied by the beneficiaries.

Placing the said memo and submission of learned counsel on record, appeal is dismissed as withdrawn.

In view of withdrawal of the appeal and same having not being taken forward for prosecution, learned counsel requests for refund of the Court fees, as contemplated under Section 66C of Karnataka Court Fees and Suits Valuation Act, 1958. The appellants are entitled refund of Court fee, if the matter is not prosecuted.

In view of withdrawal of the appeal. Registry is directed to refund the Court fees admissible in favour of FA and CAO, Construction South Western Railway Bengaluru-

46.

SD/-

JUDGE AC