The Chief Engineer And Anr vs Malla @ Malkappa S/O Sharanappa ...
2022 Latest Caselaw 8689 Kant

                                1



             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.200069/2021

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:

Mallappa @ Malkappa
S/o. Sharanappa

Since deceased, by his LRs.:

1(a) Ningamma,
     W/o. Malkappa @ Mallappa,
     Age: 48 years,
     Occ: Household.

1(b)    Sharanappa,
        S/o. Malkappa @ Mallappa,
                               2



      Age: 28 years,
      Occ: Agriculture

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

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

3.   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.490/2017 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:-

                          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.490/2017 is allowed

and against the said judgment, already a second appeal in

MSA No.200130/2019 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.490/2017.

The memo is placed on record.

In view of the memo, the appeal stands dismissed as

withdrawn.

Sd/-

JUDGE

KGR*