Basavanneppa Karabasappa Shivannavar vs The Executive Officer
2024 Latest Caselaw 4269 Kant

Karnataka High Court

Basavanneppa Karabasappa Shivannavar vs The Executive Officer on 12 February, 2024

Author: V.Srishananda

Bench: V.Srishananda

                                                 -1-
                                                        NC: 2024:KHC-D:3367
                                                         MFA No. 103582 of 2018




                       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. 103582 OF 2018 (LAC)

                       BETWEEN:

                       BASAVANNEPPA KARABASAPPA SHIVANNAVAR
                       AGE:MAJOR, R/AT HIREMORABA,
                       HIREKERUR TALUK.

                       REPRESENTED BY HIS GPA HOLDER,
                       L VENKATESH S/O. LAKSHMINARASIMHAIAH,
                       AGE:MAJOR, R/A: GADIKOPPA,
                       BH ROAD, WARD NO.35, SHIMOGGA.
                                                                    ...APPELLANT
                       (BY SRI. K. ANANDKUMAR, ADVOCATE)
                       AND:

                       1.   THE EXECUTIVE ENGINEER,
                            KNNL, UTP, RATTIHALLI.
                       2.   THE DEPUTY COMMISSIONER
        Digitally
        signed by
                            HAVERI.
        SAMREEN
SAMREEN AYUB
AYUB    DESHNUR        3.   THE SPECIAL LAND ACQUISITION OFFICER
DESHNUR Date:
        2024.02.15
        15:31:24
                            UTP RANEBENNUR.
        +0530
                                                                ...RESPONDENTS

                            THIS MISCELLANEOUS FIRST APPEAL FILED UNDER
                       SECTION 54(1) OF THE LAND ACQUISITION ACT, PRAYING TO
                       SET ASIDE AND MODIFY THE JUDGMENT AND AWARD DATED
                       30.10.2012 IN LAC NO.38/2012 PASSED BY SENIOR CIVIL
                       JUDGE AND JMFC AT HIREKERUR AND BE PLEASED TO
                       DETERMINE THE MARKET VALUE OF THE APPELLANT LAND
                       BEARING SY.NO. 18/8B MEASURING 8 GUNTAS OF
                       HIREMORABA VILLAGE, HIREKERUR TALUK AT RS.32/- PER SQ.
                       FEET AND AWARD ALL STATUTORY BENEFITS IN THE INTEREST
                       OF JUSTICE AND EQUITY.
                                     -2-
                                           NC: 2024:KHC-D:3367
                                            MFA No. 103582 of 2018




    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