Basappa S/O Nagappa Pujer vs The Special Land Acquisition Officer
2024 Latest Caselaw 4225 Kant

Karnataka High Court

Basappa S/O Nagappa Pujer vs The Special Land Acquisition Officer on 12 February, 2024

Author: V.Srishananda

Bench: V.Srishananda

                                                 -1-
                                                        NC: 2024:KHC-D:3372
                                                         MFA No. 101855 of 2019




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                            DATED THIS THE 12TH DAY OF FEBRUARY, 2024

                                               BEFORE
                              THE HON'BLE MR JUSTICE V.SRISHANANDA
                     MISCELLANEOUS FIRST APPEAL NO. 101855 OF 2019 (LAC)

                       BETWEEN:

                       BASAPPA S/O. NAGAPPA PUJER
                       AGED ABOUT 62, OCC: AGRICULTURE,
                       R/O: DALLUR, TQ: BAILHONGAL
                       DIST: BELAGAVI-591102
                                                                    ...APPELLANT

                       (BY SRI. K. ANANDKUMAR, ADVOCATE)

                       AND:

                       1.   THE SPECIAL LAND ACQUISITION OFFICER
                            MALAPRBHA PROJECT DHARWAD
                            DIST: DHARWAD
                            NOW AT BAGALKOT-580003.
        Digitally
        signed by
        SAMREEN        2.   THE EXECUTIVE ENGINEER
SAMREEN AYUB
AYUB    DESHNUR             M.L.B.C.C. DIVISION NO.2
DESHNUR Date:
        2024.02.15
        15:31:02
                            KARNATKA NIRAVARI NIGAM LTD.,
        +0530
                            NAVILUTHEERTH
                            TQ: SAVADATTI, DIST: BELAGAVI-591126.
                                                                 ...RESPONDENTS

                            THIS MISCELLANEOUS FIRST APPEAL FILED U/SEC.54 (1)
                       OF LAND ACQUISITION ACT, PRAYING TO MODIFY THE
                       JUDGMENT AND AWARD DATED: 11.12.2012 PASSED IN
                       LAC.NO.33/2012 ON THE FILE OF THE LEARNED SENIOR CIVIL
                       JUDGE, BAILHONGAL AND SEEKING FOR ENHANCE THE
                       MARKET VALUE OF RS.5,08,000/- PER ACRE ALONG WITH ALL
                       STATUTORY BENEFITS AND ALSO ALLOW THE SAID APPEAL
                       WITH COST IN THE INTEREST OF JUSTICE AND EQUITY.
                                     -2-
                                           NC: 2024:KHC-D:3372
                                            MFA No. 101855 of 2019




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

                               ORDER

Learned counsel for the appellant has filed a memo

seeking withdrawal of the appeal.

2. Memo placed on record. Memo reads as under:

"Counsel for the Appellant submitted that the Appeal filed by the Appellant enhanced compensation.

It is submitted that now, since the valuation of the subject matter of the appeal is less than Rs.10,00,000/-, the above appeal is not maintainable, hence the same may be permitted to be withdrawal with liberty to approach District Court, in the interest of justice and equity."

3. In view of memo, appeal is dismissed as withdrawn

with liberty as prayed for.

Sd/-

JUDGE

SMM