- 1 - NC: 2025:KHC-K:2198 MFA No. 203963 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCL. FIRST APPEAL NO.203963 OF 2023 (LAC) BETWEEN: 1. THE CHIEF ENGINEER, KNNL, ID IPC ZONE, GULBARGA-585 102. 2. THE EXECUTIVE ENGINER, KNNL BLI PROJECT, KNNL DIVISION, AFZALPUR, DIST. KALABURAGI-585 301. …APPELLANTS (BY SRI. SUDARSHAN M., ADVOCATE) AND: 1. SRI. ABDUL SAHEB S/O LADLE SAHEB, AGE: MAJOR, OCC: AGRICULTURE, R/O ATNOOR, TQ. AFZALPUR-585 301, DIST. KALABURAGI. 2. THE SPECIAL LAND ACQUISITION OFFICER, M AND MIP GILBARGA-585 102. 3. THE DEPUTY COMMISSIONER, GULBARGA-585 102. …RESPONDENTS Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2198 MFA No. 203963 of 2023 THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND ACQUISITION ACT, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 04.04.2014 PASSED IN LAC NO. 372/2011 BY THE COURT OF SENIOR CIVIL JUDGE AT AFZALPUR. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE C M JOSHI) Learned counsel appearing for the appellants files memo, which reads as below: “MEMO FOR WITHDRAWAL OF APEPAL The undersigned herein submits that earlier to filing of the present Appeal, the Appellant in the above matter has already filed the Appeal in LAC No.372/2011 in MSA No.200645/2022. However, by oversight and also due to the rush of work without verifying the earlier filing details, once against he file has been sent requesting to file the Appeal and accordingly, present Counsel has filed the Appeal. - 3 - NC: 2025:KHC-K:2198 MFA No. 203963 of 2023 In view of the double filing by the Appellants against the Award passed in LAC No.372/2011 in MSA No.200645/2022, it is most humbly prayed that the Appellants herein may be permitted to withdraw the present MFA, to continue with the earlier already filed MSA which is pending consideration in MSA No.200645/2022, in the interest of justice and equity.” 2. In view of the memo, the appeal is dismissed as withdrawn. The Court fee paid by the appellants is ordered to be refunded as per rules. Sd/- (C M JOSHI) JUDGE SMP List No.: 1 Sl No.: 16 CT: AK