Bhimashankar vs Special Land Acquisition Officer and Ors

Type Court Judgment Court Karnataka Kalaburagi Decided Feb 28, 2025

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Citation: sooperkanoon.com/1635895
Court: Karnataka Kalaburagi High Court
Judge: S.Sunil Dutt Yadav,Rajesh Rai K
Decided On: Feb 28, 2025
Case Number: MFA/201921/2022

Parties & Advocates

Appellant / Petitioner

Bhimashankar

Respondent

Special Land Acquisition Officer and Ors

Excerpt

.....on the file of iii addl civil judge (sr.dn) kalaburagi and pleased to modify the allowing the appeal by enhancing the compensation and etc. -2- this appeal, coming on for orders, this day,judgment was delivered therein as under:coram: hon'ble mr justice s.sunil dutt yadav and hon'ble mr justice rajesh rai koral judgment(per: hon'ble mr justice s.sunil dutt yadav) memo for withdrawal of appeal is filed which reads as hereunder: “in the above appeal there is filed challenging thejudgment and award dated 09-04-2008 in lacno.521/1999 passed by the iiird addl., civil judge (sr.dn), kalaburagi. the appellant does not want proceed with the above appeal. hence, it is prayed to this hon’ble court kindly permit the appellant to withdraw the above appeal as not pressed and the court fee paid by the appellant kindly be refunded, in the interest of justice and equity.”2. in light of the same, the appeal is dismissed aswithdrawn. there shall be refund of court fee as per applicable rules. -3- liberty is reserved to raise contentions against the impugned order, if circumstances are so made out subsequently. (s.sunil dutt yadav) (rajesh rai k) msr list no.: 1 sl no.: 16 ct: ps

Full Judgment

-1- IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR JUSTICE RAJESH RAI K MISCL. FIRST APPEAL NO. 201921 OF 2022 (LAC) BETWEEN: BHIMASHANKAR S/O CHANDRASHEKHAR BILGUNDI, AGE: 65 YEARS, OCC: AGRICULTURE & BUSINESS, R/O KALABURAGI - 585102. …APPELLANT (BY SRI DEEPAK V BARAD, ADVOCATE) AND:
1. SPECIAL LAND ACQUISITION OFFICER AND ASST. COMMISSIONER, KALABURAGI - 585102.
2. THE DEPUTY COMMISSIONER

Digitally signed KALABURAGI, DIST: KALABURAGI - 585102. by RAMESH MATHAPATI Location: HIGH 3. THE EXECUTIVE ENGINEER COURT OF KARNATAKA PUBLIC WORKS DEPARTMENT, DIVISION, KALABURAGI - 585102. …RESPONDENTS (BY SRI SHIVAKUMAR TENGLI, AGA) THIS MFA IS FILED UNDER SECTION 54(1) OF L.A ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 09.04.2008 IN LAC NO. 521/1999 ON THE FILE OF III ADDL CIVIL JUDGE (SR.DN) KALABURAGI AND PLEASED TO MODIFY THE ALLOWING THE APPEAL BY ENHANCING THE COMPENSATION AND ETC. -2- THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S.SUNIL DUTT YADAV AND HON'BLE MR JUSTICE RAJESH RAI K

ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE S.SUNIL DUTT YADAV) Memo for withdrawal of appeal is filed which reads as hereunder: “In the above appeal there is filed challenging the

judgment and award dated 09-04-2008 in LAC

No.521/1999 passed by the IIIrd Addl., Civil Judge (Sr.Dn), Kalaburagi. The appellant does not want proceed with the above appeal. Hence, it is prayed to this Hon’ble Court kindly permit the appellant to withdraw the above appeal as not pressed and the Court fee paid by the appellant kindly be refunded, in the interest of justice and equity.”

2. In light of the same, the appeal is dismissed as

withdrawn. There shall be refund of Court fee as per applicable rules. -3- Liberty is reserved to raise contentions against the impugned order, if circumstances are so made out subsequently. (S.SUNIL DUTT YADAV) (RAJESH RAI K) MSR List No.: 1 Sl No.: 16 CT: PS

Same Court & Year Karnataka Kalaburagi · 2025 Same Parties Bhimashankar vs Special Land Acquisition Officer and Ors Same Judge S.Sunil Dutt Yadav,Rajesh Rai K

Deputy Commissioner In the interest of high court set aside