Sri Y S Arunkumar vs The Asst. Commissioner
2023 Latest Caselaw 5359 Kant

                                              -1-
                                                       NC: 2023:KHC:27764
                                                         MFA No. 4088 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 7TH DAY OF AUGUST, 2023

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 4088 OF 2020 (LAC)
                   BETWEEN:

                   SRI Y S ARUNKUMAR
                   S/O Y S SHIVSRAMAIA
                   AGEDA BOUT 50 YEARS
                   R/AT YADAVANI VILLAGE
                   AMRUTHUR HOBLI
                   KUNIGAL TALUK-572111
                   TUMKUR DISTRICT
                                                                 ...APPELLANT
                   (BY SRI. LOURDU MARIYAPPA A., ADVOCATE)

                   AND:

                   1.    THE ASST. COMMISSIONER
                         (LAND ACQUISITION)
                         BENGALURU SUB DIVISION
Digitally signed         PROJECT IMPLEMENTATION UNIT
by
DHANALAKSHMI             KARNATAKA STATE HIGHWAY
MURTHY                   DEVELOPMENT PROJECT
Location: High           BENGALURU-560001.
Court of
Karnataka
                   2.    SMT RAJAKUMARI
                         W/O LATE Y S SUBBEGOWDA
                         AGED ABOUT 54 YEARS

                   3.    MOHANKUMAR
                         S/O LATE Y S SUBBEGOWDA
                         AGED ABOUT 28 YEARS

                   4.    A S GANGAIAH
                         S/O SUBBEGOWDA
                                -2-
                                     NC: 2023:KHC:27764
                                          MFA No. 4088 of 2020




    AGED ABOUT 67 YEARS
    R2 TO R4 ARE R/AT
    YADAVANI VILLAGE
    AMRUTHUR HOBLI
    KUNIGAL TALKU-572111
                                                   ...RESPONDENTS
(BY SMT. LEENA C SHIVAPURMATH, HCGP FOR R1:
SRI. P H VIRUPAKSHAIAH, ADVOCATE FOR R2 TO R4)


     THIS MFA IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, 1984, AGAINST THE JUDGMENT DATED
4.07.2020 PASSED IN LAC.NO.391/2016 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND JMFC, KUNIGAL, ALLOWING THE
REFERENCE PETITION UNDER SECTION 39 OF KARNATAKA
STATE HIGHWAY ACT AND SECTION 30 AND 31 OF LAND
ACQUISITION ACT.

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

                        JUDGMENT

The office objection regarding maintainability is

upheld.

2. Learned counsel for the appellant has filed a memo

seeking permission to withdraw this petition with

permission to return the file to present the same before

the appropriate legal forum.

3. The memo is taken on record.

NC: 2023:KHC:27764 MFA No. 4088 of 2020

4. This petition is dismissed as withdrawn.

5. The office is directed to return the file to the

appellant to present the same before the appropriate legal

forum.

6. After receipt of the papers, the appellant is

granted two weeks time to present the same before the

appropriate legal forum.

Sd/-

JUDGE

CM