The Executive Engineer vs The Special Land Acqusition ...
2023 Latest Caselaw 2192 Kant

                                                           -1-
                                                                   MFA No. 101892 of 2020




                               IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                       DATED THIS THE 12TH DAY OF APRIL, 2023

                                                        PRESENT
                                          THE HON'BLE MR JUSTICE R.DEVDAS
                                                           AND
                                        THE HON'BLE MR JUSTICE RAJESH RAI K
                                   MISCELLANEOUS FIRST APPEAL NO. 101892 OF 2020
                                                         (LAC-)
                              BETWEEN:

                                    THE EXECUTIVE ENGINEER
                                    KNNL, HBC DIVISION, ATHANI-591304
                                    TAL: ATHANI, DIST: BELAGAVI

                                                                               ...APPELLANT

                              (BY SRI. S M TONNE.,ADVOCATE)

                              AND:

                              1.    THE SPECIAL LAND ACQUSITION OFFICER,
                                    HIPPARAGI PROJECT
                                    ATHANI-591304, TAL: ATHANI,
           Digitally signed


MOHANKUMAR
           by
           MOHANKUMAR
           B SHELAR
           Location:
                                    DIST: BELAGAVI
B SHELAR
           DHARWAD
           Date:
           2023.04.13
           11:25:41 -0700


                              2.    BHAGAVVA SHIDDAPPA TOLI
                                    AGE: NOT KNOWN, OCC: NOT KNOWN
                                    R/O ATHANI -591304,
                                    TAL: ATHANI, DIST: BELAGAVI

                              3.    NAGAWWA W/O SHIVAPPA METRI
                                    AGE: NOT KNOWN,
                                    OCC: NOT KNOWN
                                    R/O ATHANI -591304,
                                    TAL: ATHANI, DIST: BELAGAVI

                              4.    BEERAPPA NINGAPPA KURUBAR
                                    AGE: NOT KNOWN, OCC: NOT KNOWN
                              -2-
                                   MFA No. 101892 of 2020




     R/O ATHANI -591304,
     TAL: ATHANI, DIST: BELAGAVI

5.   YAGAPPA
     AGE: NOT KNOWN, OCC: NOT KNOWN
     R/O ATHANI -591304,
     TAL: ATHANI, DIST: BELAGAVI

6.   LAXMAN
     AGE: NOT KNOWN, OCC: NOT KNOWN
     R/O ATHANI -591304,
     TAL: ATHANI, DIST: BELAGAVI

7.   SIDDAPPA S/O HYAMAPPA DANADAMANI
     AGE: NOT KNOWN OCC: NOT KNOWN
     R/O ATHANI -591304,
     TAL: ATHANI, DIST: BELAGAVI

8.   SHIVAPPA
     S/O HYAMAPPA DANADAMANI
     AGE: NOT KNOWN OCC: NOT KNOWN
     R/O ATHANI -591304,
     TAL: ATHANI, DIST: BELAGAVI

9.   ANNAPPA
     S/O HYAMAPPA DANADAMANI
     AGE: NOT KNOWN, OCC: NOT KNOWN
     R/O ATHANI -591304,
     TAL: ATHANI, DIST: BELAGAVI

10. SHRIMANT
    S/O KAPPU DANADAMANI
    AGE: NOT KNOWN, OCC: NOT KNOWN
    R/O ATHANI -591304,
    TAL: ATHANI, DIST: BELAGAVI

11. DASHRATH KAPPU DANADAMANI
    AGE: NOT KNOWN, OCC: NOT KNOWN
    R/O ATHANI -591304,
    TAL: ATHANI, DIST: BELAGAVI
                                -3-
                                     MFA No. 101892 of 2020




12. BHIMAPPA S/O KAPPU DANADAMANI
    AGE: NOT KNOWN, OCC: NOT KNOWN
    R/O ATHANI -591304,
    TAL: ATHANI, DIST: BELAGAVI

13. KURUBAR BEERAPPA NINGAPPA
    AGE: NOT KNOWN
    OCC: NOT KNOWN
    R/O ATHANI -591304,
    TAL: ATHANI,
    DIST: BELAGAVI

14. BABU S/O SHIDARAYA DANADAMANI
    AGE: NOT KNOWN
    OCC: NOT KNOWN
    R/O ATHANI -591304,
    TAL: ATHANI,
    DIST: BELAGAVI

15. APPASAB S/O
    SHIDARAYA DANADAMANI
    AGE: NOT KNOWN
    OCC: NOT KNOWN
    R/O ATHANI -591304,
    TAL: ATHANI,
    DIST: BELAGAVI

                                             ...RESPONDENTS

     THIS MFA FILED U/SEC.54 OF LAND ACQUISITION ACT,
AGAINST THE JUDGMENT AND AWARD DATED 17.10.2017 PASSED
IN LAC.NO.867/2011 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE, ATHANI, AWARDING THE COMPENSATION OF RS.5,00,000/-
PER ACRE.

     THIS MFA   COMING ON FOR ORDERS THIS DAY, R.DEVDAS
J., DELIVERED THE FOLLOWING:
                                -4-
                                       MFA No. 101892 of 2020




                          JUDGMENT

R.DEVDAS J., (ORAL):

Learned counsel for the appellant has filed an application

in I.A.No.1/2023 seeking leave of this court to withdraw the

appeal and to refund the court fee.

It is stated in the affidavit that in terms of the

communication dated 19.03.2021, the KNNL has taken a

decision not to press this appeal, filed at the hands of the

Executive Engineer, Karnataka Neeravari Nigam Limited.

In terms of the application, the appeal is dismissed as

withdrawn.

Office is directed to refund the court fee to the appellant

since the matter is not heard on merits.

Sd/-

JUDGE

Sd/-

JUDGE

MBS