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2025 DAILYLAW 9854 (KAR)

BHIMASHANKAR v. SPECIAL LAND ACQUISITION OFFICER AND ORS

MFA/201921/2022 · 2025-02-28

Rajesh Rai K, S Sunil Dutt Yadav

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Judgment text

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- 1 - NC: 2025:KHC-K:1364-DB MFA No. 201921 of 2022 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 KALABURAGI, DIST: KALABURAGI – 585102. 3. THE EXECUTIVE ENGINEER 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. Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1364-DB MFA No. 201921 of 2022 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 In light of the same, the appeal is dismissed as withdrawn.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 - NC: 2025:KHC-K:1364-DB MFA No. 201921 of 2022 Liberty is reserved to raise contentions against the impugned order, if circumstances are so made out subsequently. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (RAJESH RAI K) JUDGE MSR List No.: 1 Sl No.: 16 CT: PS