The Executive Engineer vs The Assistant Commissioner And ...
2023 Latest Caselaw 1639 Kant

                                                   -1-
                                                         MFA No. 200021 of 2022




                   IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
                          DATED THIS THE 28TH DAY OF FEBRUARY, 2023
                                              BEFORE
                            THE HON'BLE MR JUSTICE G BASAVARAJA


                          MISCL. FIRST APPEAL NO. 200021 OF 2022 (LAC-)
                   BETWEEN:

                        THE EXECUTIVE ENGINEER
                        M.I. DIVISION, AFZALPUR,
                        TQ. AFZALPUR.
                                                                     ...APPELLANT
                   (BY SRI. GOURISH S KHASHAMPUR, ADVOCATE)

                   AND:

                   1.  THE ASSISTANT COMMISSIONER
                       AND LAO INDI,
                   2.  THE CHIEF SECRETARY
                       STATE OF KARNATAKA,
                       REPTD., BY DEPUTY COMMISSIONER,
Digitally signed
by RAMESH
MATHAPATI
                       VIJAYAPUR.
Location: High
Court of           3.  THE PRL. SECRETARY
Karnataka
                       REVENUE DEPARTMENT,
                       M.S. BUILDING, BENGALURU.
                   4.  HEERABAI W/O CHANDAPPA MEENGAR
                   5.  SIDDAPPA
                   6.  LACHAPPA
                   7.  GUNDAPPA S/O CHANDAPPA MEENGAR
                   8.  PULABAI W/O RAMKISHAN
                   9.  SUNDRABAI W/O LACHARAM
                   10. SONABAI W/O RAMALU MEENGAR
                   11. SIDDAPPA S/O CHANDAPPA MEENAGAR

                        AGE. ALL MAJOR, OCC. AGRICULTURE,
                        ALL ARE R/O MADNALLI,
                        TQ. SINDAGI, DIST. VIJAYAPURA.
                                                                 ...RESPONDENTS
                                  -2-
                                        MFA No. 200021 of 2022




     THIS MFA IS FILED UNDER SECTION 54 OF THE LAND
ACQUISITION ACT R/w ORDER XLI RULE 1 OF CPC, PRAYING TO
ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND AWARD
DATED 13.10.2017 PASSED IN LAC NO.43/2012 BY THE LEARNED
SENIOR CIVIL JUDGE AND JMFC AT SINDAGI AND ETC.

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

                            JUDGMENT

Learned counsel for the appellant has filed a memo

seeking for withdrawal of the appeal which states as under;

"Memo for withdrawal The counsel for the appellant most respectfully submitting that, the registry has raised the objection on the ground that appeal is not maintainable based on pecuniary jurisdiction, hence the appellant may be pleased to permit to withdraw the appeal with liberty to file before appropriate Court and kindly to order for refund entire Court fee whatever paid in this appeal. Hence, the said memo may be taken on record in the interest of justice."

In view of the same, the appellant is permitted to

withdraw the appeal with liberty to file before the appropriate

Court in accordance with relevant act and rules.

Sd/-

JUDGE

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