Dyavappa S/O Siddaveerappa Jogihalli vs The Executive Officer
2024 Latest Caselaw 4270 Kant

Karnataka High Court

Dyavappa S/O Siddaveerappa Jogihalli vs The Executive Officer on 12 February, 2024

Author: V.Srishananda

Bench: V.Srishananda

                                                  -1-
                                                        NC: 2024:KHC-D:3368
                                                         MFA No. 103637 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. 103637 OF 2018 (LAC)
                       BETWEEN:

                       DYAVAPPA S/O. SIDDAVEERAPPA JOGIHALLI,
                       AGE: MOJOR, OCC: AGRICULTURE,
                       R/O: CHAPPARADAHALLI,
                       TQ: HIREKERUR TALUK,
                       HAVERI DISTRICT - 581111.
                                                                      ...APPELLANT

                       (BY SRI. K. ANANDKUMAR, ADVOCATE)

                       AND:

                       1.    THE EXECUTIVE OFFICER
                             UTP, RANEBENNUR-581115.

                       2.    THE DEPUTY COMMISSIONER
          Digitally
          signed by          HAVERI-581110.
          SAMREEN
SAMREEN   AYUB
AYUB      DESHNUR
DESHNUR   Date:        3.    THE ASSISTANT COMMISSIONER
          2024.02.15
          15:31:35
          +0530              AND SLAO UTP RANEBENNUR-581115.
                                                                  ...RESPONDENTS

                            THIS MISCELLANEOUS FIRST APPEAL FILED UNDER
                       SECTION 54(1) OF THE LANK ACQUISITION ACT, PRAYING TO
                       SET ASIDE AND MODIFY THE JUDGMENT AND AWARD DATED
                       30.06.2012 IN LAC NO.220/2011 PASSED BY SENIOR CIVIL
                       JUDGE AND JMFC AT HIREKERUR AND BE PLEASED TO
                       DETERMINE THE MARKET VALUE OF THE APPEALLNT LAND
                       BEARING SY. NO. 26/3 MEASURING 22 GUNTAS OF
                       CHIKKAMORAB 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:3368
                                        MFA No. 103637 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