The Chief Engineer And Anr vs Sidramappa And Ors
2023 Latest Caselaw 1041 Kant

IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH

      DATED THIS THE 18TH DAY OF JANUARY, 2023

                       BEFORE

        THE HON'BLE MR. JUSTICE C.M. POONACHA

            M.S.A. No.200379 OF 2021 (LA)

BETWEEN

1.    THE CHIEF ENGINEER
      KNNL, I.P.C ZONE,
      GULBARGA

2.    THE EXECUTIVE ENGINEER
      KNNL, GONDORAINALA DIVISION,
      MAHAGAON,
                                             ...APPELLANTS
(BY SRI SUDARSHAN M., ADVOCATE)

AND

1.    SIDRAMAPPA
      W/O. BASAWANNAPPA
      AGED ABOUT 53 YEARS,
      OCC AGRICULTURE,
      R/O TADAKAL VILLAGE,
      TALUKA AND DIST KALABURAGI

2.    THE SPECIAL LAND ACQUISITION OFFICER
      M AND MIP, #7,
      MINI VIDHANSOUDHA,
      KALABURAGI

3.    THE DEPUTY COMMISSIONER
      KALABURAGI
                                        ...RESPONDENTS

     THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND
ACQUISITION ACT PRAYING TO CALL FOR RECORDS FROM THE
                              2




COURT BELOW IN LACA No.159/2015 AND LAC No.149/2007
AND TO SET ASIDE THE IMPUGNED JUDGMENT AND AWARD
DATED 17.02.2017 PASSED IN LACA No.159/2015 BY THE
COURT OF I ADDL. DISTRICT JUDGE AT KALABURAGI AND ETC.,

     THIS APPEAL COMING ON FOR NON COMPLIANCE OF
OFFICE OBJECTIONS, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:


                          JUDGMENT

The learned counsel for the Appellants has filed a

memo dated 24.01.2022 for withdrawal of the Appeal,

which reads as follows:

The undersigned herein submits that earlier to filing of the present Appeal, the Appellant in the above matter has already filed the Appeal in LACA No.159/2015 by entrusting the matter to Mr. Gourish S. Kashampur, Advocate, in MSA No.200066/2019. However, by oversight and also due to the rush of work without verifying the earlier filing details, once again the file has been sent requesting to file the Appeal and accordingly, present Counsel Mr. Sudarshan M has filed the Appeal.

In view of the double filing by the Appellants against the Award passed in LACA No. 159/2015, it is most humbly prayed that

the Appellants herein may be permitted to withdraw the present MSA No.2000379/2021, to continue with the earlier already filed MSA which is pending consideration in MSA No.200066/2019, in the interest of justice and equity.

2. In view of the aforementioned, the above

Appeal is dismissed as withdrawn.

Sd/-

JUDGE

BS