The State Of Karnataka vs Bhimashankar S/O Shivashankar
2024 Latest Caselaw 5795 Kant

Karnataka High Court

The State Of Karnataka vs Bhimashankar S/O Shivashankar on 26 February, 2024

Author: H.T.Narendra Prasad

Bench: H.T.Narendra Prasad

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                                                     MFA No. 201070 of 2014
                                                 C/W MFA No. 201068 of 2014



                              IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                          DATED THIS THE 26TH DAY OF FEBRUARY, 2024

                                           PRESENT

                        THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
                                               AND
                             THE HON'BLE MR. JUSTICE K V ARAVIND

                        MISCL. FIRST APPEAL NO. 201070 OF 2014 (LAC)
                                               C/W
                           MISCL. FIRST APPEAL NO. 201068 OF 2014


                   M.F.A. NO. 201070 OF 2014
                   BETWEEN:
                   1.   THE STATE OF KARNATAKA,
                        THROUGH SPECIAL LAND
                        ACQUISITION OFFICER,
                        M & MIP GULBARGA-585102.

Digitally signed
                   2.   THE DEPUTY COMMISSIONER,
by VARSHA N
RASALKAR
                        GULBARGA-585102.
Location: HIGH                                                 ...APPELLANTS
COURT OF
KARNATAKA          (BY SMT. MAYA T.R., HCGP)

                   AND:
                   1.   SHANTAPPA
                        S/O SHANGASHETTEPPA HOSGOUDA,
                        AGE: MAJOR,
                        OCC: AGRICULTURE,
                        R/O: HADNOOR,
                        TQ: CHITTAPUR,
                        DIST: GULBARGA-585102.
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                                   MFA No. 201070 of 2014
                               C/W MFA No. 201068 of 2014



2.   THE CHIEF ENGINEER,
     KNNL, IPC ZONE,
     GULBARGA-585102.

3.   THE EXECUTIVE ENGINEER,
     MINOR IRRIGATION DIVISION,
     GULBARGA-585102.
                                        ...RESPONDENTS
(BY SRI. HARSHAVARDHAN R MALIPATIL, ADVOCATE FOR R1;
    SRI. A.M.NAGRAL, ADVOCATE FOR R2;
     R3 IS SERVED)

      THIS MFA IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, PRAYING TO ALLOW THE APPEAL BY
SETTING   ASIDE   THE      JUDGMENT   AND   AWARD   DATED
13.08.2013   PASSED   BY   LEARNED    SENIOR CIVIL JUDGE,
CHITTAPUR, IN LAC NO.443/2011 IN THE INTEREST OF
JUSTICE AND EQUITY.


M.F.A. NO. 201068 OF 2014
BETWEEN:

1.   THE STATE OF KARNATAKA,
     THROUGH SPECIAL LAND
     ACQUISITION OFFICER,
     M & MIP GULBARGA-585102.

2.   THE DEPUTY COMMISSIONER,
     GULBARGA-585102.

3.   THE EXECUTIVE ENGINEER,
     MINOR IRRIGATION DIVISION,
     GULBARGA-585102.

                                              ...APPELLANTS
(BY SMT. MAYA T.R., HCGP)
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                                   MFA No. 201070 of 2014
                               C/W MFA No. 201068 of 2014



AND:

1.   BHIMASHANKAR
     S/O SHIVASHANKAR,
     AGE: MAJOR,
     OCC: AGRICULTURE,
     R/O: HADNOOR,
     TQ: CHITTAPUR,
     DIST: GULBARGA-585102.

2.   THE CHIEF ENGINEER,
     KNNL, IPC ZONE,
     GULBARGA-585102.

                                             ...RESPONDENTS

(BY SRI. HARSHAVARDHAN R. MALIPATIL, ADVOCATE FOR R1;
    SRI. A.M.NAGRAL, ADVOCATE FOR R2)


       THIS MFA IS FILED UNDER SECTION 54(1) OF LAND
ACQUISITION ACT, PRAYING TO ALLOW THE APPEAL BY
SETTING    ASIDE   THE     JUDGMENT   AND    AWARD      DATED
13.08.2013   PASSED   BY   LEARNED    SENIOR CIVIL JUDGE,
CHITTAPUR, IN LAC NO.442/2011 IN THE INTEREST OF
JUSTICE AND EQUITY.


       THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY,    H.T.NARENDRA       PRASAD     J.,   DELIVERED     THE
FOLLOWING:
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                                  MFA No. 201070 of 2014
                              C/W MFA No. 201068 of 2014



                         JUDGMENT

Learned Government Advocate has filed a memo

dated 09.02.2023 seeking leave of this Court to withdraw

the appeals.

2. The said memo is taken on record.

3. The above appeals are dismissed as withdrawn.

Sd/-

JUDGE

Sd/-

JUDGE

NJ

CT: CS