The Chief Engineer And Anr vs Shankrappa S/O Chandappa ...
2022 Latest Caselaw 8667 Kant

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              IN THE HIGH COURT OF KARNATAKA
                     KALABURAGI BENCH

            DATED THIS THE 13TH DAY OF JUNE 2022

                             BEFORE

       THE HON'BLE MR.JUSTICE RAJENDRA BADAMIKAR
                     MSA No.200172/2021

BETWEEN:

1.     The Chief Engineer,
       KNNL IPC Zone,
       Kalaburagi.

2.     The Executive Engineer,
       KNNL BNT Division No.1,
       Kalaburagi,
       Kalaburagi District.
                                      .....Appellants
(By Sri. Sudarshan M., Advocate)

AND:

1.     Shankrappa, S/o. Chandappa
       Since deceased by his LRs.:

       1(a) Tarabai,
            W/o. Shankrappa
            Age:73 years
            OCC: House hold

       1(b) Shivayogi,
             S/o. Shankrappa,
            Age: 51 years,
            Occ: Agriculture
                                  2


2.    Mahadevapa, S/o. Veerabhadrappa
      Since deceased by his LRs.:

      2(a) Shantabai,
           W/o. Mahadevappa
           Age:53 years
           Occ: Household

       2(b) Ashok,
            S/o.Mahadevappa,
            Age: 33 years,
            Occ: Agriculture

3.    Mahendra,
      S/o.Annarao Patil,
      Age: 45 years,
      Occ: Agriculture

      All are residents of Totnalli Village
      Taluk: Sedam, District: Kalaburagi

4.   The Special Land Acquisition Officer,
     M & MIP, Kalaburagi,

5.   The Deputy Commissioner,
     Kalaburagi.
                                              .....Respondents

      This MSA is filed under Section 54(2) of the Land
Acquisition Act praying to call for the records and to set aside
the impugned judgment and award dated 22.09.2017 passed
in LACA No.491/2017 by the Court of I-Additional District and
Sessions Judge, Kalaburagi.


      This MSA is coming on for Orders this day, the Court
delivered the following:-
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                                 JUDGMENT

Learned counsel for the appellants have filed a memo

dated 24.01.2021 seeking for withdrawal of this appeal on the

ground that LACA No.491/2017 is allowed and against the said

judgment, already a second appeal in MSA No.200137/2019 is

filed and the same is pending before this Court, and

inadvertently once again the present Miscellaneous Second

appeal is filed against the same judgment in LACA

No.491/2017.

The memo is placed on record.

In view of the memo, the appeal stands dismissed as

withdrawn.

Sd/-

JUDGE

KGR*