Shivaputrappa S/O Gangappa Pujer vs The Special Land Acquisition Officer
2024 Latest Caselaw 4276 Kant

Karnataka High Court

Shivaputrappa S/O Gangappa Pujer vs The Special Land Acquisition Officer on 12 February, 2024

Author: V.Srishananda

Bench: V.Srishananda

                                                   -1-
                                                           NC: 2024:KHC-D:3371
                                                               MFA No. 101854 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.101854 OF 2019 (LAC)
                     BETWEEN:

                     SHIVAPUTRAPPA
                     S/O. GANGAPPA PUJER,
                     AGE ABOUT 72 YEARS, OCC: AGRICULTURE,
                     R/O KALLUR 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-587101.

                     2.     THE EXECUTIVE ENGINEER,
                            M.L.B.C.C. DIVISION NO.2
                            KARNATAKA NIRAVARI NIGAM LTD.,
        Digitally
        signed by           NAVILUTHEERTH, TQ: SAVADATTI,
        SAMREEN
SAMREEN AYUB                DIST: BELAGAVI-591126.
AYUB    DESHNUR
DESHNUR Date:                                                           ...RESPONDENTS
        2024.02.15
        13:29:44
        +0530
                             THIS M.F.A. IS FILED U/SEC.54(1) OF LAND ACQUISITION
                     ACT,    AGAINST   THE   JUDGMENT    AND    AWARD   DTD:11.12.2012
                     PASSED IN LAC.NO.32/2012 ON THE FILE OF THE SENIOR CIVIL
                     JUDGE, BAILHONGAL, PARTLY ALLOWING THE REFERENCE PETITION
                     FILED UNDER SECTION 18(1) OF L.A.ACT.

                             THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                     COURT DELIVERED THE FOLLOWING:
                                     -2-
                                           NC: 2024:KHC-D:3371
                                            MFA No. 101854 of 2019




                               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