South Western Railway vs Nelaguddada Gurusiddappap S/O ...
2022 Latest Caselaw 8024 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.102486/2018

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:
1.     NELAGUDDADA GURUSIDDAPPA S/O DUNDAPPA
       AGE: ABOUT 53 YEARS, OCC: NOT KNOWN,
       R/O: KUSUGAL-580023, TQ: HUBBALLI,
       DIST: DHARWAD.

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

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

4.    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.17/2010 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:

                        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as withdrawn.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