Karnataka High Court
MFA/103806/2024 of KARNATAKA NIRAVARI NIGAM ATHANI Vs THE SPEL LAND ACQUISITION OFFICER on 18 December 2025
NC: 2025:KHC-D:18386-DB MFA No. 103806 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. MISCELLANEOUS FIRST APPEAL NO. 103806 OF 2024 (LAC) BETWEEN: EXECUTIVE
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 18TH DAY OF DECEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MRS JUSTICE GEETHA K.B.
MISCELLANEOUS FIRST APPEAL NO. 103806 OF 2024 (LAC)
BETWEEN:
EXECUTIVE ENGINEER,
KARNATAKA NIRAVARI NIGAM LTD.,
ATHANI, PIN CODE-591304.
…APPELLANT
(BY SRI S.M. KALWAD, ADVOCATE)
AND:
1.
THE SPECIAL LAND ACQUISITION OFFICER
HIPPARAGI PROJECT, ATHANI,
PIN CODE 591304.
2.
SRI BALACHANDRA DEVAPPA MERAWADE,
AGE: 59 YEARS, OCC: AGRICULTURE,
3.
SRI BAPU DEVAPPA MERAWADE
AGE: 57 YEARS, OCC: AGRICULTURE,
4.
SOPAN RAMACHANDRA SHIRADONE
AGE: 49 YEARS, OCC: AGRICULTURE,
Digitally signed
by BHARATHI H
M
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
BENCH
Date:
2025.12.19
17:07:32 +0530
HC-KAR
ALL ARE R/O: MOLE, TQ. ATHANI,
DIST: BELAGAVI-591304.
…RESPONDENTS
THIS MFA IS FILED U/SEC.74 (1) OF RIGHT TO FAIR
COMPENSATION
AND
TRANSPARENCY
IN
LAND
ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT, 2013, PRAYING TO, SET
ASIDE THE JUDGMENT AND AWARD 05.02.2024 MADE IN LAC
NO.338/2018 PASSED BY THE COURT OF I ADDITIONAL DISTRICT
JUDGE, BELAGAVI AND THE LAND ACQUISITION, REHABILITATION
AND RESETTLEMENT AUTHORITY BELAGAVI BY ALLOWING THIS
APPEAL IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM:
THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MRS JUSTICE GEETHA K.B.
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ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S G PANDIT)
Memo dated 09.04.2025 is filed by the learned counsel for the appellant seeking leave to withdraw the appeal. Memo reads as follows:-
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“ That the appeal has been already filed against the impugned judgment and award passed by the reference court, however, due to oversight again second time the instant appeal is filed against the very same judgment and award, therefore, the Appellant seeks leave of this Hon’ble Court to withdraw the appeal for the aforesaid reasons, in the interest of justice and equity.”
2. A reading of memo, it is apparent that the above appeal is second appeal and already one appeal against the same judgment and award is pending before this Court in MFA No.102562/2024. Without verifying the same, the above appeal is filed.
3. The appellant-Karnataka Neeravari Nigam Limited, Athani is not vigilant in filing the appeals and prosecuting the same before this Court.
4. Hence, withdrawal of appeal would be permitted subject to payment of cost. In terms of memo, the appeal is
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dismissed as withdrawn with cost of Rs.5,000/- payable to the High Court Legal Services Committed, Dharwad Bench, Dharwad.
5. Cost of Rs.5,000/- is to be paid within 10 days. If the appellant fails to pay the cost, re-list the matter on 07.01.2025.
Sd/- (S G PANDIT) JUDGE
Sd/- (GEETHA K.B.) JUDGE
HMB CT-CMU LIST NO.: 1 SL NO.: 4