Union Of India vs Bistawwa W/O Fakirappa Kallapur
2024 Latest Caselaw 4388 Kant

Karnataka High Court

Union Of India vs Bistawwa W/O Fakirappa Kallapur on 13 February, 2024

Author: V.Srishananda

Bench: V.Srishananda

                                                   -1-
                                                            NC: 2024:KHC-D:3407
                                                             MFA No. 100691 of 2017




                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                             DATED THIS THE 13TH DAY OF FEBRUARY, 2024

                                                 BEFORE
                              THE HON'BLE MR JUSTICE V.SRISHANANDA
                          MISCELLANEOUS FIRST APPEAL NO.100691 OF 2017 (LAC)

                     BETWEEN:

                     UNION OF INDIA,
                     DEPUTY CHIEF ENGINEER,
                     CONSTRUCTIONS,
                     SOUTH WESTERN RAILWAY ZONE,
                     KESHWAPUR, HUBBALLI.
                                                                         ...APPELLANT
                     (BY SRI. MALLIKARJUN S.HIREMATH, ADVOCATE)

                     AND:

                     1.     SMT. BISTAWWA
                            W/O. FAKIRAPPA KALLAPUR,
                            AGE: ABOUT 47 YEARS, OCC: NOT KNOWN,
                            R/O: KAMBARGANAVI,
                            TQ and DIST: DHARWAD.

                     2.     THE ASSISTANT COMMISSIONER,
        Digitally
        signed by
                            AND LAND ACQUISITION OFFICER,
        SAMREEN
SAMREEN AYUB
                            DHARWAD-580001.
AYUB    DESHNUR
DESHNUR Date:
        2024.02.15
        15:30:38
        +0530
                     3.     THE PRINCIPAL SECRETARY,
                            SECRETARY, REVENUE DEPARTMENT,
                            M.S. BUILDING, BENGALURU-560001.
                                                                     ...RESPONDENTS

                           THIS M.F.A. IS FILED U/S.54(1) OF LAND ACQUISITION ACT,
                     PRAYED THAT THIS HON'BLE COURT BE PLEASED CALL FOR
                     RECORDS PERTAINING TO LAC NO.91/2012 AND ALLOW THE ABOVE
                     MISC. APPEAL AND CONSEQUENTLY BE PLEASD TO SET-ASIDE THE
                     JUDGEMENT AND AWARD DATED 30.10.2013 PASSED BY THE COURT
                     OF THE 2ND ADDITIONAL SENIOR CIVIL JUDGE, DHARWAD, IN LAC
                     NO.91/2012 AND CONSEQUENTLY REJECT THE REFERENCE
                     PETITION, IN THE INTEREST OF JUSTICE.
                               -2-
                                    NC: 2024:KHC-D:3407
                                      MFA No. 100691 of 2017




     THIS M.F.A., COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

Sri.Mallikarjun S Hiremath, learned counsel for the

appellant present.

He submits that award amount has been satisfied and

therefore, the present appeal has become infructuous.

Placing his submission on record, the appeal is dismissed

as it has rendered infructuous.

Sd/-

JUDGE

SH