The Assistant Commissioner Cum vs Guruswamy S/O. Mallaiah
2023 Latest Caselaw 7826 Kant

                                                     -1-
                                                           NC: 2023:KHC-D:13509
                                                               MSA No. 100146 of 2019




                         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.100146 OF 2019 (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:

                        GURUSWAMY S/O. MALLAIAH,
                        AGE : 41 YEARS, OCC : AGRICULTURIST,
                        R/O : MOKA VILLAGE,
                        BALLARI, TQ AND DISTRICT
           Digitally
           signed by    NOW RESIDING AT BALLARI-583103.
           VISHAL
VISHAL     NINGAPPA
NINGAPPA   PATTIHAL                                                      ...RESPONDENT
PATTIHAL   Date:
           2023.11.21        THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER
           12:44:55
           +0530        SECTION 54(2) OF LAND ACQUISITION ACT, 1894, AGAINST THE
                        JUDGEMENT AND DECREE DATED: 11.04.2019 PASSED IN
                        LACA.NO.2/2018 ON THE FILE OF THE II ADDITIONAL DISTRICT AND
                        SESSIONS JUDGE, BELLARY, ALLOWING THE APPEAL AND
                        CONFIRMING THE AWARD DATED 31.07.2017 PASSED IN LAC
                        NO.116/2013, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE
                        AND CHIEF JUDICIAL MAGISTRATE, BALLARI, PARTLY ALLOWING
                        THE PETITION FILED UNDER SECTION 18 OF LAND ACQUISITION
                        ACT.

                            THIS MISCELLANEOUS SECOND APPEAL, COMING ON FOR
                        ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
                                -2-
                                      NC: 2023:KHC-D:13509
                                        MSA No. 100146 of 2019




                          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.2/2018. 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:13509 MSA No. 100146 of 2019

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