Indian Cane Power Limited vs Venkappa S/O Timmappa Malali
2023 Latest Caselaw 1195 Kant

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                                    MFA No. 100091 of 2021




         IN THE HIGH COURT OF KARNATAKA,
                  DHARWAD BENCH

     DATED THIS THE 6TH DAY OF FEBRUARY, 2023

                      PRESENT

       THE HON'BLE MR JUSTICE K.SOMASHEKAR

                         AND

       THE HON'BLE MR JUSTICE UMESH M ADIGA

            MFA NO. 100091 OF 2021 (LAC)


BETWEEN:

     INDIAN CANE POWER LIMITED,
     HAVING ITS REGISTERED OFFICE AT NO.627,
     KALLESHWAR RICE MILL COMPOUND,
     DAVANAGERE-577 001,
     SRI.GURUNATH N JOSHI,
     REP. BY ITS GENERAL MANAGER (P & A),
     HAVING FACTORY PREMISES AT UTTUR,
     TQ: MUDHOL, DIST: BAGALKOTE.
                                          ... APPELLANT
(BY SRI. PRASHANT F.GOUDAR, ADVOCATE)


AND:

1.   SRI. VENKAPPA S/O. TIMMAPPA MALALI,
     AGE 68 YEARS, OCC AGRICULTURE,

2.   SRI. LAXMAN S/O. TIMMAPPA MALALI
     AGE 62 YEARS, OCC: AGRICULTURE,
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                                       MFA No. 100091 of 2021




3.   SRI. KONNAPPA S/O. TIMMAPPA MALALI
     AGE 58 YEARS, OCC: AGRICULTURE,

4.   SRI. BHIMAPPA S/O. TIMMAPPA MALALI
     AGE 50 YEARS, OCC: AGRICULTURE,

5.   SMT. KHASHWWA W/O. ANNAPPA MALAGAN,
     AGE 72 YEARS, OCC: HOUSEHOLD &
     AGRICULTURE,

6.   SMT. BHAGIRATI W/O. RAMESH UDAGATTI,
     AGE 55 YEARS, OCC: HOUSEHOLD &
     AGRICULTURE,

7.   SMT. LAXMIBAI W/O. RAMANNA GIRADDI,
     AGE 54 YEARS, OCC: HOUSEHOLD &
     AGRICULTURE,

     ALL ARE R/AT UTTUR, TQ: MUDHOL,
     DIST: BAGALKOTE-587 313.

8.   THE SPECIAL LAND ACQUISITION OFFICER,
     KIADB, P.B. ROAD, DHARWAD-580 003.
                                      ... RESPONDENTS
(BY SRI. S.S. PATIL, ADVOCATE FOR R1, R3, R5 TO R7;
 NOTICE TO R2 & R4 ARE SERVED;
 SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R8)


     THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION
ACT, AGAINST THE JUDGMENT AND AWARD DATED
04.09.2020 PASSED IN LAC.NO.1/2014 ON THE FILE OF
THE PRINCIPAL SENIOR CIVIL JUDGE AND JUDICIAL
MAGISTRATE    FIRST    CLASS,   MUDHOL,    AWARDING
COMPENSATION OF RS.110/- PER SQ. FEET.


    THIS MFA COMING ON FOR ORDERS, THIS DAY,
K.SOMASHEKAR, J., DELIVERED THE FOLLOWING:
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                                            MFA No. 100091 of 2021




                             JUDGMENT

Learned counsel Shri Prashant F.Goudar for the appellant;

learned counsel Shri S.S. Patil for respondent Nos.1, 3 & 5 to 7;

& the learned counsel Shri G.I. Gachchinamath for respondent

No.8 are present before the Court physically.

Learned counsel for the appellant filed a memo seeking

withdrawal of this appeal.

The memo is placed on record. Accordingly, the appeal is

dismissed as withdrawn.

Keeping in view the submission made by the learned

counsel for the appellant, if any, Court fee has been paid in this

matter, the same shall be returned to the appellant on due

identification, in accordance with law.

Sd/-

JUDGE

Sd/-

JUDGE

Vnp*