Basavantappa S/O. Basappa Khot vs The Special Land Acquisition Officer
2024 Latest Caselaw 18600 Kant

Karnataka High Court

Basavantappa S/O. Basappa Khot vs The Special Land Acquisition Officer on 25 July, 2024

                                          -1-
                                                NC: 2024:KHC-D:10585
                                                     MFA No. 21275 of 2012




                           IN THE HIGH COURT OF KARNATAKA,
                                    DHARWAD BENCH

                         DATED THIS THE 25TH DAY OF JULY, 2024

                                       BEFORE
                       THE HON'BLE MR JUSTICE VENKATESH NAIK T

                  MISCELLANEOUS FIRST APPEAL NO.21275 OF 2012 (LAC)

             BETWEEN:

             1.     BASAVANTAPPA S/O. BASAPPA KHOT
                    SINCE DECEASED BY HIS LRS.

             1A.    MALLIKARJUN S/O. BASAVANTAPPA KHOT,
                    AGE: 50 YEARS, OCC: AGRICULTURE.

             1B.    BASAVARAJ S/O. BASAVANTAPPA KHOT,
                    AGE: 46 YEARS, OCC: AGRICULTURE.

             1C.    SHIVAYOGI S/O. BASAVANTAPPA KHOT
                    AGE: 42 YEARS, OCC: AGRICULTURE.
             1D. SMT. SUVARNA W/O. RACHANNA PATTANSHETTI
                 AGE: 44 YEARS, OCC: HOUSEHOLD WORK.

             1E.    SMT. SUNANDA W/O. RATNAKUMAR VAIJAPUR
                    AGE: 40 YEARS, OCC: HOUSEHOLD,
                    ALL ARE R/O. KUNDARAGI,
Digitally
signed by
                    TAL: & DIST: BAGALKOT.
MANJANNA E                                                    ...APPELLANTS
Location:    (BY SRI. BASAVARAJ BYAKOD, ADVOCATE)
HIGH COURT
OF
KARNATAKA    AND:

             THE SPECIAL LAND ACQUISITION OFFICER
             UPPER KRISHNA PROJECT, BILAGI,
             TQ: BILAGI, DIST: BAGALKOT.
                                                             ...RESPONDENT
             (BY SRI. ABHISHEK MALIPATIL, HCGP)

                  THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION ACT,
             AGAINST THE JUDGMENT AND AWARD DTD: 18-12-2009 PASSED IN
             LAC NO.702/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN),
             BILAGI, PARTLY ALLOWING THE REFERENCE PETITION FOR
             COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
                                     -2-
                                          NC: 2024:KHC-D:10585
                                              MFA No. 21275 of 2012




     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                             JUDGMENT

Learned counsel for the appellants has filed a memo

seeking permission of this Court to withdraw the appeal.

Contents of the memo reads as under:

"MEMO FOR WITH DRAW OF APPEAL

"Herein the advocate for appellant begs to submits as under, that in the top noted case, and also office has raised the office objection "regarding maintainability" as well as in view of the judgment and AIR 2011 KARNATAKA 73 FULL BENCH. In view of the judgment since the value of the appeal is less than 10 lacks.

Hence the appellant may be permit to withdraw the appeal and re present appeal before the appropriative authority.

Hence this memo.

2. In view of the memo and supporting submission,

the appeal is dismissed as withdrawn. However, the liberty is

granted as sought for.

NC: 2024:KHC-D:10585

3. The office is directed to return the appeal papers

to the learned counsel for the appellant to submit the same

before the appropriate authority.

4. Notify the High Court Government Pleader

regarding withdrawal of the appeal.

Sd/-

JUDGE EM/ct-an