MFA filed under Section 54(1) of Land Acquisition Act, 1894, dismissed as withdrawn after appellant agreed to deposit remaining 50% of award amount. Court ordered refund of court fee.
Appeal dismissed; court fee refunded to appellants.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC-D:16255 MFA No. 101328 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.101328 OF 2023 (LAC)
BETWEEN:
…APPELLANTS
(BY SRI M. B. KANAVI, ADVOCATE)
AND:
Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka
…RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R2 AND R3)
THIS MFA IS FILED U/SEC.54(1) OF LAND ACQUISITION ACT, 1894, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 01.08.2022 PASSED IN L.A.C.NO.10/2014 BY THE LD. PRL. SENIOR CIVIL JUDGE, HUBBALLI AND ETC.,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
NC: 2024:KHC-D:16255 MFA No. 101328 of 2023
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
Learned counsel for the appellants has filed a memo
for withdrawal of the appeal which reads as follows:
“MEMO FOR WITHDRAWAL OF APPEAL
The appellant submits that, in view of decision taken by the beneficiary (Railways) has already satisfied the 50% of the Award amount in LAC No.10/2014 @Rs. 2,00,000/- per gunta and balance 50% will be depositing after withdraw of said appeal.
The appellant (Railways) is not pressing the above appeal. In view of the same, the appellant may kindly be permitted to withdraw the above said appeal. Further the Appellant crave the leave of this Hon'ble Court to order for refund of the court fee in favour of Dy.FA&CAO/CN/BNC paid/deposited on the appeal before this Hon'ble Court. Wherefore, it is most respectfully prayed that this Hon'ble Court may be pleased to dismiss the above said appeal as withdrawn.
Hence this memo.”
In view of the same, the above appeal is dismissed
as withdrawn.
The Court fee be refunded to the appellants.
Sd/(C.M. POONACHA) JUDGE
SSP CT-ASC List No.: 1 Sl No.: 4
1 provisions across 1 enactments
THE CHIEF PROJECT MANAGER, RAIL VIKAS NIGAM LTD.
THE DEPUTY CHIEF ENGINEER, CONSTRUCTIONS
SHRI SHANKAR S/O. PANDURANGASA BAKALE
THE ASSISTANT COMMISSIONER, AND LAND ACQUISITION OFFICER, DHARWAD
THE DEPUTY COMMISSIONER, DHARWAD
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
