Sri.Mahadev S/O Ningappa Hosatti vs The Spl. Land Acquisition Officer
2024 Latest Caselaw 22367 Kant

Karnataka High Court

Sri.Mahadev S/O Ningappa Hosatti vs The Spl. Land Acquisition Officer on 3 September, 2024

Author: Krishna S.Dixit

Bench: Krishna S.Dixit

                                               -1-
                                                         NC: 2024:KHC-D:12632-DB
                                                         MFA No. 100051 of 2016




                               IN THE HIGH COURT OF KARNATAKA,
                                        DHARWAD BENCH
                          DATED THIS THE 3RD DAY OF SEPTEMBER, 2024
                                           PRESENT
                           THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
                                             AND
                          THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
                    MISCELLANEOUS FIRST APPEAL NO. 100051 OF 2016 (LAC)
                   BETWEEN:

                   SRI. MAHADEV S/O. NINGAPPA HOSATTI,
                   AGED ABOUT 51 YEARS, OCC: AGRICULTURE,
                   R/O: HEBBAL VILLAGE, TQ: MUDHOL,
                   DIST: BAGALKOT.
                                                                     ...APPELLANT
                   (BY SRI. LINGARAJ MARADI, ADVOCATE)

                   AND:

                   1.   THE SPL. LAND ACQUISITION OFFICER,
                        MALAPRABHA PROJECT-III, DHARWAD-580001.
                   2.   THE EXCUTIVE ENGINEER,
                        MBC, DIVISION-1, GADDANKERI,
                        TALUK AND DISTRICT BAGALKOT-587101.
                   3.   THE STATE OF KARNATAKA,
Digitally signed        REP BY THE DEPUTY COMMISSIONER,
by JAGADISH T R
                        NAVANAGAR, BAGALKOT-587101.
Location: High
Court of
Karnataka,                                                         ...RESPONDENTS
Dharwad Bench
                   (BY SRI. S. M. KALWAD, ADV. FOR R2;
                       SRI. V. S. KALASURMATH, HCGP FOR R1 & R3)

                         THIS MFA IS FILED U/SEC. 74(1) OF THE RIGHT TO FAIR
                   COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION ACT,
                   PRAYING TO ALLOW THE APPEAL AND MODIFY THE JUDGMENT AND
                   AWARD DATED 17.10.2014 PASSED IN LAC NO.1/2009 ON THE FILE
                   OF THE SENIOR CIVIL JUDGE AND JMFC MUDHOL, AND AWARD JUST
                   AND REASONABLE COMPENSATION OF RS. (18,72,500-12,03,750)
                   6,68,750 PER ACRE TO THE APPELLANT IN THE INTEREST OF
                   JUSTICE AND EQUITY.
                                      -2-
                                           NC: 2024:KHC-D:12632-DB
                                           MFA No. 100051 of 2016




     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM:      THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
             AND
             THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
                        ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)

Learned counsel for the appellant has filed a memo

seeking leave of the Court to withdraw the appeal which reads

as under:

"In the above said matter the as per supreme court judgment the special Land Acquisition Officer no power to review the award. Hence it most humbly submits that kindly permit the appellant to withdraw the appeal and direct the registry to refund the court fee, in the interest of justice and equity.

2. This appeal is dismissed as having been

withdrawn.

In view of the withdrawal of the appeal, Registry to

refund the entire Court fee as per the Karnataka Court Fees

and Suits Valuation Act, 1958.

Sd/-

(KRISHNA S.DIXIT) JUDGE

Sd/-

(VIJAYKUMAR A.PATIL) JUDGE ABK/ct-an