Karnataka Neeravari Nigam Ltd., ... vs The Special Land Acquisition ...
2023 Latest Caselaw 2568 Kant

                                                  -1-
                                                          MFA No. 104170 of 2018




                    IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                             DATED THIS THE 24TH DAY OF MAY, 2023

                                               BEFORE

                                  THE HON'BLE JUSTICE M.G.UMA

                        MISCELLANEOUS FIRST APPEAL NO.104170 OF 2018 (LAC)

                   BETWEEN:

                   KARNATAKA NEERAVARI NIGAM LTD.,
                   REPRESENTED BY ITS EXECUTIVE ENGINEER,
                   KNNL,CANAL DIVISION DN.-6,
                   BALLARI-583 101.
                                                                      ...APPELLANT
                   (BY SRI RAMESH N.MISALE, ADVOCATE)

                   AND:

                   1.    THE SPECIAL LAND ACQUISITION OFFICER -
                         CUM ASST. COMMISSIONER,
                         YETHA NIRAVARI YOJANA, BALLARI,
                         DIST:BALLARI - 583 101.

                         C. NAGI REDDY ALIAS C. NAGANA GOUDA,
                         S/O. CHIKKANAGOUNDA,
Digitally signed
                         SINCE DEAD BY HIS LRS.
by VINAYAKA
BV
Location: HIGH     2.    SMT. MALLAMMA
COURT OF
KARNATAKA                W/O LATE C. NAGANA GOUDA,
DHARWAD                  AGE:63 YEARS, OCC:AGRICULTURE,
                         R/O CHELLAGURKI VILLAGE,
                         TAL:BALLARI, DIST:BALLARI-583 138.

                   3.    SRI C. CHANDRASHEKHAR,
                         S/O LATE C. NAGANA GOUDA,
                         AGE: 49 YEARS, OCC:AGRICULTURE,
                         R/O: CHELLAGURKI VILLAGE,
                         TAL: BALLARI, DIST:BALLARI-583 138.

                   4.    SRI C. YERRI SWAMY,
                         S/O LATE C. NAGANA GOUDA,
                         AGE:48 YEARS, OCC:AGRICULTURE,
                                -2-
                                      MFA No. 104170 of 2018




     R/O CHELLAGURKI VILLAGE,
     TAL:BALLARI, DIST:BALLARI-583 138.

5.   SRI C. MARE GOUDA,
     S/O LATE C NAGANA GOUDA,
     AGE:44 YEARS, OCC:AGRICULTURE,
     R/O CHELLAGURKI VILLAGE,
     TAL:BALLARI, DIST:BALLARI-583 138.
                                               ...RESPONDENTS

     THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION ACT,
AGAINST THE JUDGMENT AND AWARD DATED 30.09.2015 PASSED
IN LAC.NO.81/2011 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE AND CHIEF JUDICIAL MAGISTRATE, BALLARI, PARTLY
ALLOWING THE REFERENCE PETITION.

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

                           JUDGMENT

Learned counsel for the appellant has filed a memo seeking permission of this Court to withdraw the appeal as the same is to be preferred before the District Court.

2. Memo is placed on record.

3. The appeal is dismissed as withdraw with liberty to the appellant to file the same before the competent Court in accordance with law.

SD/-

JUDGE EM