The Commissioner vs Channegowda
2022 Latest Caselaw 9376 Kant

                                -1-



          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

            DATED THIS THE 22ND DAY OF JUNE, 2022

                            BEFORE

           THE HON'BLE MR.JUSTICE B.M.SHYAM PRASAD

           MISCELLANEOUS FIRST APPEAL NO.5439/2018

                             C/W

         MISCELLANEOUS FIRST APPEAL NO.5445/2018 (LAC)

IN MISCELLANEOUS FIRST APPEAL NO.5439/2018

BETWEEN:

THE COMMISSIONER
CITY MUNICIPAL COUNCIL
MANDYA - 571 401.
                                              ... APPELLANT
(BY SRI. G M ANANDA, ADVOCATE)

AND:

1.     HANUMEGOWDA
       S/O JAVAREGOWDA
       MAJOR
       SHIVALLI VILLAGE, DUDDA HOBLI
       MANDYA TALUK AND DISTRICT - 571 401.

2.     THE SPECIAL LAND ACQUISITION OFFICER
       MANDYA DISTRICT
       MANDYA - 571 401.

3.     THE DEPUTY COMMISSIONER
       MANDYA DISTRICT
       MANDYA - 571 401.
                                               ... RESPONDENTS
(BY SRI. D.T.CHETHAN, ADVOCATE FOR R1;
    SRI. VENKAT SATYANARAYAN A, HCGP FOR R2 AND R3)
                                -2-




     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 54(1) OF THE LAND ACQUISITION ACT, AGAINST THE
JUDGMENT AND AWARD DT.31.05.2017 PASSED ON LAC NO.1/13
ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, CJM,
MANDYA, PARTLY ALLOWING THE PETITION FILED UNDER
REFERENCE U/S.18(1) OF THE LAND ACQUISITION ACT.



MISCELLANEOUS FIRST APPEAL NO.5445/2018

BETWEEN:

THE COMMISSIONER
CITY MUNICIPAL COUNCIL
MANDYA - 571 401.
                                           ... APPELLANT
(BY SRI. G M ANANDA, ADVOCATE)

AND:

1.     CHANNEGOWDA
       S/O. KADEGOWDA
       MAJOR
       KALENAHALLI VILLAGE
       KOTHATHI HOBLI
       MANDYA TALUK AND DISTRICT-571401.

2.     THE SPECIAL LAND ACQUISITION OFFICER
       MANDYA DISTRICT
       MANDYA - 571 401.

3.     THE DEPUTY COMMISSIONER
       MANDYA DISTRICT
       MANDYA - 571 401.
                                           ... RESPONDENTS
(BY SRI. D.T.CHETHAN, ADVOCATE FOR R1;
    SRI. VENKAT SATYANARAYAN A, HCGP FOR R2 AND R3)
                               -3-



     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 54(1) OF THE LAND ACQUISITION ACT, AGAINST THE
JUDGMENT AND AWARD DT.31.05.2017 PASSED ON LAC
NO.6/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE,
CJM, MANDYA, PARTLY ALLOWING THE PETITION FILED UNDER
REFERENCE U/S.18(1) OF THE LAND ACQUISITION ACT.


    THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR
ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

                        JUDGMENT

The learned counsel for the appellant has filed

memos dated 20.07.2021 for withdrawal of these appeals

stating that the parties have settled the matters out of the

Court and the compensation payable in terms of the

impugned award has been paid to the claimants pursuant

to such out of Court settlement. The memos may be

accepted and the appeals disposed of.

Insofar as the refund, the learned counsel for the

appellant relies upon the amended provisions of Section 66

of the Karnataka Court-Fee and Suits Valuation Act, 1958,

the statement of objects and the reasons stated for the

amendment as also the decision of the Hon'ble Supreme

Court in The High Court of Judicature of Madras, Rep.

by its Registrar General Vs. M.C.Subramaniam & Ors.

reported in Special Leave Petition (CIVIL) Nos.3063-3064

of 2021 .

On perusal of these, and because of the submissions

that the respective claimants have been paid the

corresponding amounts in terms of the out of Court

settlement, the appeals stand dismissed as withdrawn and

the office is directed to refund Court fee paid to the

appellant.

SD/-

JUDGE

RB