The Assistant Commissioner Cum vs Pankaja W/O Nijaguna
2023 Latest Caselaw 7823 Kant

                                                       -1-
                                                             NC: 2023:KHC-D:13453
                                                               MSA No. 100045 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.100045 OF 2020 (LA)

                        BETWEEN:

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

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

                                                                          ...APPELANTS
                        (BY V. S. KALASURMATH, HCGP)

                        AND:

                        PANKAJA W/O NIJAGUNA,
                        AGED ABOUT 45 YEARS, OCC: AGRICULTURIST,
                        R/O: SANGANAKALLU VILLAGE,
                        BALLARI TALUK AND DISTRICT,
                        NOW RESIDING AT BALLARI.
           Digitally
           signed by                                                     ...RESPONDENT
           VISHAL
VISHAL     NINGAPPA
NINGAPPA   PATTIHAL
PATTIHAL   Date:              THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER
           2023.11.21
           12:44:09     SECTION 54(2)(KARNATAKA AMENDMENT) OF LAND ACQUISITION
           +0530
                        ACT, 1894, AGAINST THE JUDGEMENT AND           DECREE DTD
                        26.04.2019 PASSED IN LACA.NO. 64/2018 ON THE FILE OF THE II
                        ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI, ALLOWING
                        THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DTD
                        31.07.2017 PASSED IN LAC NO.69/2013 ON THE FILE OF THE
                        PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE,
                        BALLARI, PARTLY ALLOWING THE PETITION FILED UNDER SECTION
                        18 OF LA ACT, 1894.

                             THIS M.S.A, COMING ON FOR ORDERS, THIS DAY, THE COURT
                        DELIVERED THE FOLLOWING:
                                -2-
                                      NC: 2023:KHC-D:13453
                                        MSA No. 100045 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.64/2018. 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:13453 MSA No. 100045 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.

5. In view of the disposal of the appeal, pending

applications, if any, do not survive for consideration.

Sd/-

JUDGE

EM