The Assistant Commissioner Cum vs Gangamma W/O Late Pampanagouda
2023 Latest Caselaw 7822 Kant

                                                  -1-
                                                         NC: 2023:KHC-D:13448
                                                            MSA No. 100055 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.100055 OF 2020 (LA)

                      BETWEEN:


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

                      2.   THE EXECUTIVE ENGINEER,
                           Z.P. PWD ENGINEERING DIVISION,
                           BALLARI-583101.

                                                                      ...APPELLANTS
                      (BY SRI V. S. KALASURMATH, HCGP)
                      AND:


                      GIRIJAMMA W/O. LATE PAMPANAGOUDA,
                      AGE: 50 YEARS, OCC: AGRICULTURIST,
                      R/O: SANGANAKALLU VILLAGE,
                      BALLARI, TQ. AND DISTRICT
         Digitally    NOW RESIDING AT BALLARI-583103.
         signed by
         VISHAL
VISHAL   NINGAPPA                                                     ...RESPONDENT
NINGAPPA PATTIHAL
PATTIHAL Date:
         2023.11.21         THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER
         12:51:45
         +0530        SECTION 54(2) (KARNATAKA AMENDMENT) OF LAND ACQUISITION
                      ACT, 1894, AGAINST THE JUDGEMENT AND          DECREE DTD
                      25.03.2019 PASSED IN LACA.NO 50/2018 ON THE FILE OF THE II
                      ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI, ALLOWING
                      THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE
                      DTD 31.07.2017 PASSED IN LAC NO.67/2013 ON THE FILE OF THE
                      PRINCIPAL   SENIOR   CIVIL   JUDGE  AND   CHIEF   JUDICIAL
                      MAGISTREATE, BALLARI, PARTLY ALLOWING THE PETITION FILED
                      UNDER SECTION 18 OF LA ACT, 1894.

                           THIS MISCELLANEOUS SECOND APPEAL, COMING ON FOR
                      FINAL HEARING, THIS DAY, THE COURT DELIVERED THE
                      FOLLOWING:
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                                      NC: 2023:KHC-D:13448
                                        MSA No. 100055 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.50/2018. 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:13448 MSA No. 100055 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