The Assistant Commissioner Cum vs Smt.Beebijan W/O Wakruddin Sab
2023 Latest Caselaw 7820 Kant

                                                     -1-
                                                           NC: 2023:KHC-D:13451
                                                               MSA No. 100090 of 2020




                         IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                               DATED THIS THE 18TH DAY OF NOVEMBER, 2023

                                               BEFORE
                                THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

                         MISCELLANEOUS SECOND APPEAL NO.100090 OF 2020

                        BETWEEN:

                        1.   THE ASSISTANT COMMISSIONER,
                             CUM LAND AND ACQUISITION OFFICER,
                             BALLARI-583101.

                        2.   THE EXECUTIVE ENGINEER,
                             Z. P. PWD ENGINEERING DIVISION,
                             BALLARI-583101.
                                                                         ...APPELLANTS
                        (BY SRI V. S. KALASURMATH, HCGP)
                        AND:

                        SMT.BEEBIJAN W/O. WAKKRUDDIN SAB
                        AGED: 55 YEARS, OCC: AGRICULTURIST,
                        R/O: MOKA VILLAGE, BALLARI,
                        BALLARI TQ. AND DISTRICT,
                        NOW RESIDING AT BALLARI-583103.
                                                                         ...RESPONDENT
           Digitally
           signed by          THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER
           VISHAL
VISHAL     NINGAPPA     SECTION 54(2) (KARNATAKA AMENDMENT) OF LAND ACQUISITION
NINGAPPA   PATTIHAL
PATTIHAL   Date:        ACT, 1894, PRAYING TO, a) CALL FOR THE RECORD IN LAC (APPEAL)
           2023.11.21
           12:51:21     NO.43/2018 ON THE FILE OF THE II ADDITIONAL DISTRICT AND
           +0530
                        SESSION JUDGE, BALLARI. b) SET-ASIDE THE JUDGMENT AND
                        AWARD DATED 11.04.2019 IN LAC (APPEAL) NO.43/2018 PASSED BY
                        THE II ADDITIONAL DISTRICT AND SESSION JUDGE, BALLARI. IN
                        THE INTEREST OF JUSTICE AND CONFIRM THE AWARD PASSED IN
                        LAC NO.96/2013 DATED 31.07.2017 PASSED BY THE PRINCIPAL
                        CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE BALLARI. c) PASS
                        SUCH OTHER ORDER/ORDERS AS THIS HONBLE COURT DEEMS FIT.

                               THIS MISCELLANEOUS SECOND APPEAL, COMING ON FOR
                        ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
                                -2-
                                      NC: 2023:KHC-D:13451
                                        MSA No. 100090 of 2020




                          JUDGMENT

Learned High Court Government Pleader appearing for

the appellants-State has filed a memo, which reads as

under:

"Herein the counsel for the Appellants/State begs to submit as under:

That the top noted Miscellaneous Second Appeal the State has challenged the order passed by the Reference Court in an appeal in LAC Appeal No.43/2018. Pursuant to the said appeal having been filed before this Hon'ble Court the Respondent/ claimants have initiated execution petition before the executing court and now inview of the subsequent development having been taken that the appellants Assistant Commissioner and Land Acquisition Officer, Ballari having deposited the entire amount and the same having been withdrawn by the Respondent / claimants. The said fact has been communication by the PWD Department dated 04.11.2023 wherein all the execution petition having been fully satisfied and are closed. In view of the amount having been fully satisfied before the executing Court. Hence the Hon'ble Court be pleased to dispose of the appeal in the interest of justice and equity."

NC: 2023:KHC-D:13451 MSA No. 100090 of 2020

2. Learned High Court Government Pleader

appearing for the appellants-State submits that the

respondent/claimant had initiated the execution proceedings

before the Executing Court and in view of the subsequent

developments, the appellants-State have deposited the

entire amount before the Executing Court and the order

under challenge has been fully satisfied & closed and hence,

the State does not intend to prosecute the present appeal.

3. The said submission of the High Court

Government Pleader and memo are taken on record.

4. In view of the above, the appeal stands disposed

of as having fully satisfied.

In view of the disposal of the appeal, pending

applications, if any, do not survive for consideration.

Sd/-

JUDGE EM, CT: UMD