The Chief Engineer And Anr vs Eshwarayya And Ors
2025 Latest Caselaw 8519 Kant

Karnataka High Court

The Chief Engineer And Anr vs Eshwarayya And Ors on 17 September, 2025

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                                -1-
                                                            NC: 2025:KHC-K:5550
                                                      MSA No. 200696 of 2022


                    HC-KAR




                              IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                        DATED THIS THE 17TH DAY OF SEPTEMBER, 2025

                                            BEFORE

                   THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

                        MISCL SECOND APPEAL NO. 200696 OF 2022 (LA)



                   BETWEEN:

                   1.   THE CHIEF ENGINEER,
                        KNNL, IPC ZONE,
                        KALABURAGI - 585 102.

                   2.   THE EXECUTIVE ENGINEER,
                        BLI PROJECT,
                        KNNL DIVISION AFZALPUR - 585 301.
                                                                  ...APPELLANTS

                   (BY SRI SUDARSHAN M., ADVOCATE)
Digitally signed
by                 AND:
SHIVALEELA
DATTATRAYA
UDAGI              1.   ESHWARAYYA
Location: HIGH          S/O ANAVEERAYYA,
COURT OF
KARNATAKA               AGE: 64 YEARS,
                        OCC: AGRICULTURE,

                   2.   BASAVARAJ
                        S/O ANAVEERAPPA,
                        AGE: 62 YEARS,
                        OCC; AGRICULTURE,

                   3.   VEERAYYA
                        S/O ANAVEERAPPA
                        AGE: 60 YEARS,
                              -2-
                                         NC: 2025:KHC-K:5550
                                    MSA No. 200696 of 2022


HC-KAR




     OCC: AGRICULTURE,

4.   NIJALINGAYYA
     S/O ANAVEERAPPA
     AGE: 46 YEARS,
     OCC: AGRICULTURE,

     ALL R/O KOGNOOR VILLAGE,
     TALUK: AFZALPUR,
     DIST: KALABURAGI.

5.   THE SPECIAL LAND
     ACQUISITION OFFICER,
     M AND MIP,
     KALABURAGI - 585 102.

6.   THE DEPUTY COMMISSIONER,
     KALABURAGI - 585 102.
                                               ...RESPONDENTS


      THIS MSA APPEAL IS FILED UNDER SECTION 54(2) OF

THE LAND ACQUISITION ACT, PRAYING TO SET ASIDE THE

IMPUGNED      JUDGMENT   AND   AWARD     DATED    30.11.2018

PASSED   IN    LACA   NO.489/2018   BY   THE    COURT   OF   I

ADDITIONAL DISTRICT JUDGE, AT KALABURAGI, IN THE

INTEREST OF JUSTICE AND EQUITY.


      THIS MSA, COMING       ON FOR ORDERS, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                                 -3-
                                               NC: 2025:KHC-K:5550
                                         MSA No. 200696 of 2022


HC-KAR




CORAM:     HON'BLE MR. JUSTICE SHIVASHANKAR
           AMARANNAVAR


                        ORAL JUDGMENT

Learned counsel for the appellants has filed a memo

seeking withdrawal of the appeal.

The memo reads thus:

"The undersigned herein submits that earlier to filing of the present appeal, the appellant in the above matter has already filed the appeal in LACA No.489/2018 by entrusting the matter to present counsel, in MSA No.200068/2023. However, by oversight and also due to the rush of work without verifying the earlier filing details, once again the file has been sent requesting to file the appeal and accordingly, present counsel has filed the appeal.

In view of the double filing by the appellants against the award passed in LACA No.489/2018, it is most humbly prayed that the appellants herein may be permitted to withdraw the present MSA, to continue with the earlier already filed MSA which is pending consideration

NC: 2025:KHC-K:5550

HC-KAR

in MSA No.200068/2023, in the interest of justice and equity."

In view of the memo, the appeal is dismissed as

withdrawn.

The Registry is directed to refund the Court Fee, if it

is paid.

Sd/-

(SHIVASHANKAR AMARANNAVAR) JUDGE

SDU

Ct;VK