The Chief Engineer And Anr vs Shantappa And Ors
2025 Latest Caselaw 8826 Kant

Karnataka High Court

The Chief Engineer And Anr vs Shantappa And Ors on 25 September, 2025

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                              -1-
                                                          NC: 2025:KHC-K:5847
                                                      MSA No. 200326 of 2023


                    HC-KAR




                             IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                        DATED THIS THE 25TH DAY OF SEPTEMBER, 2025

                                           BEFORE

                   THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

                        MISCL SECOND APPEAL NO.200326 OF 2023 (LA)

                   BETWEEN:

                   1.   THE CHIEF ENGINEER,
                        M AND MIP, KALABURAGI,
                        DIST: KALABURAGI - 585 102.

                   2.   THE EXECUTIVE ENGINEER,
                        AMARJA PROJECT,
                        KORALLI - 585 302.

                   3.   ASST. EXECUTIVE ENGINEER,
                        AMARJA PROJECT, DIVISION NO.1,
                        KALABURAGI - 585 102.

                                                                ...APPELLANTS
Digitally signed
by RENUKA          (BY SRI SUDARSHAN M., ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA          AND:

                   1.   SHANTAPPA
                        S/O SHIVASHARANAPPA,
                        AGE: 56 YEARS,
                        OCC: AGRICULTURE,
                        R/O: GUDUR VILLAGE,
                        TQ: AFZALPUR,
                        DIST: KALABURAGI - 585 213.

                   2.   THE DEPUTY COMMISSIONER,
                        KALABURAGI - 585 102.
                               -2-
                                           NC: 2025:KHC-K:5847
                                      MSA No. 200326 of 2023


HC-KAR




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

      THIS MISCELLANIES SECOND APPEAL IS FILED UNDER
SECTION 54(2) OF THE LAND ACQUISITION ACT, PRAYING TO
CALL FOR THE RECORDS FROM BOTH THE COURTS BELOW IN
LACA NO.96/2018 AND LAC NO.814/2000 AND SET ASIDE THE
IMPUGNED     JUDGMENT     AND    AWARD     DATED     20.08.2018
PASSED IN LACA NO.96/2018 BY THE I ADDITIONAL DISTRICT
AND SESSIONS JUDGE, KALABURAGI, IN THE INTEREST OF
JUSTICE AND EQUITY AND ETC.


      THIS MSA, COMING        ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:     HON'BLE MR. JUSTICE SHIVASHANKAR
           AMARANNAVAR


                      ORAL JUDGMENT

Learned counsel for the appellants has filed a memo

seeking permission of this Court to withdraw the appeal.

2. The memo reads as under:

"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

NC: 2025:KHC-K:5847

HC-KAR

No.96/2018 by entrusting the matter to Mr. Sanjeev Kumar C Patil, Advocate, in MSA No.200094/2021. 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 Mr. Sudarshan M has filed the Appeal.

In view of the double filing by the Appellants against the Award passed in LACA No.96/2018, 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 in MSA No.200094/2021, in the interest of justice and equity."

3. In view of the memo, the appeal is dismissed as

withdrawn.

4. In view of disposal of the main appeal, interim

applications, if any, do not survive for consideration.

Sd/-

(SHIVASHANKAR AMARANNAVAR) JUDGE

RSP