The Chief Engineer And Anr vs Mareppa S/O Basappa And Ors
2024 Latest Caselaw 4969 Kant

Karnataka High Court

The Chief Engineer And Anr vs Mareppa S/O Basappa And Ors on 19 February, 2024

                                        -1-
                                                NC: 2024:KHC-K:1619
                                                MSA No. 200530 of 2021




                      IN THE HIGH COURT OF KARNATAKA,

                              KALABURAGI BENCH

                  DATED THIS THE 19TH DAY OF FEBRUARY, 2024

                                       BEFORE
                    THE HON'BLE MR. JUSTICE E.S.INDIRESH


                 MISCL SECOND APPEAL NO. 200530 OF 2021 (LA)
            BETWEEN:

            1.   THE CHIEF ENGINEER,
                 KNNL IPC, ZONE,
                 KALABURAGI,
                 DIST: KALABURAGI.

            2.   THE EXECUTIVE ENGINEER,
                 KNNL IPC ZONE,
                 KALABURAGI,
                 DIST: KALABURAGI.
                                                         ...APPELLANTS

            (BY SRI. SUDARSHAN M, ADVOCATE)

Digitally   AND:
signed by
SACHIN
Location:   1.   MAREPPA S/O BASAPPA,
HIGH             AGED ABOUT 58 YEARS,
COURT OF
KARNATAKA        OCC: AGRICULTURE,

            2.   BANDIGEPPA S/O BASAPPA,
                 AGE: 38 YEARS,
                 OCC: AGRICULTURE,

                 BOTH R/O MANGALGI VILLAGE,
                 TALUK: CHITTAPUR,
                 DISTRICT: KALABURAGI.
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                                    NC: 2024:KHC-K:1619
                                     MSA No. 200530 of 2021




3.   THE SPECIAL LAND ACQUISITION OFFICER
     M AND MIP,
     KALABURAGI.

4.   THE DEPUTY COMMISSIONER,
     KALABURAGI.
                                             ...RESPONDENTS

(BY SRI.G.B.YADAV, AGA FOR R-3)

      THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND

ACQUISTION ACT, PRAYING TO CALL FOR THE RECORDS FROM

THE BOTH THE COURTS BELOW IN LACA NO.562/2018 AND

LAC NO.106/2007, SET ASIDE THE IMPUGNED JUDGMENT AND

AWARD DATED 28.06.2018 PASSED IN LACA NO.562/2017 BY

THE COURT OF IV ADDL.DISTRICT JUDGE, KALABURAGI,

SITTING AT SEDAM.

      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:


                         JUDGMENT

1. It is submitted by the learned counsel appearing for the

appellants herein, that appellants have filed MSA

No.200114/2020 before this Court challenging the Judgment

and Award passed by the Court below which is impugned in this

NC: 2024:KHC-K:1619

appeal also and in that view of the matter, seeks withdrawal of

the appeal with liberty to pursue MSA No.200114/2020.

2. In that view of the matter, reserving liberty to the

appellants to prosecute MSA No.200114/2020, the present

appeal MSA No.200530/2021 is dismissed as withdrawn.

Sd/-

JUDGE

sac