The Commissioner vs H. P. Saroja
2022 Latest Caselaw 9391 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.5440/2018 (LAC)

BETWEEN:

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

AND:

1.     H. P. SAROJA
       W/O LATE SRI K H HANUMANTHEGOWDA
       MAJOR, KALENAHALLI VILLAGE
       KOTHATHI HOBLI
       MANDYA TALUK AND DISTRICT
       PIN-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 &R3)
                               -2-




      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 54(1) OF LAND ACQUISITION ACT, AGAINST THE
JUDGMENT AND AWARD DATED 31.05.2017, PASSED IN
LAC.3/2013, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE
AND CHIEF JUDICIAL MAGISTRATE, MANDYA, PARTLY ALLOWING
THE PETITION U/SEC.18(1) OF THE LAND ACQUISITION ACT, 1894.

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

                         JUDGMENT

The learned counsel for the appellant has filed memo

dated 20.07.2021 for withdrawal of the appeal stating that

the parties have settled the matter out of the Court and the

compensation payable in terms of the impugned award has

been paid to the claimant pursuant to such out of Court

settlement. The memo may be accepted and the appeal

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

and 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 claimant has been paid the award amount in terms

of the out of Court settlement, the appeal stands dismissed

as withdrawn and the office is directed to refund Court fee

paid to the appellant.

SD/-

JUDGE

RB