IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 18TH DAY OF NOVEMBER, 2023

BEFORE

THE HON'BLE MRS JUSTICE K.S.HEMALEKHA MISCELLANEOUS SECOND APPEAL NO.100046 OF 2020 (LA)

BETWEEN:

• 1. THE ASSISTANT COMMISSIONER CUM LAND ACQUISITION OFFICER, BALLARI.-583101.
• 2. THE EXECUTIVE ENGINEER, Z. P. PWD ENGINEERING DIVISION, BALLARI.

…APPELLANTS

(BY SRI V. S. KALASURMATH, HCGP)

AND:

HAMPANAGOUDA S/O RAMANAGOUDA, AGED: 57 YEARS, OCC: AGRICULTURIST, R/O: SANGANAKALLU VILLAGE, BALLARI, TQ AND DIST. NOW RESIDING AT BALLARI-583103.

…RESPONDENT

THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER SECTION 54(2)(KARNATAKA AMENDMENT) OF LAND ACQUISITION ACT, 1894, AGAINST THE JUDGEMENT AND DECREE DTD 25.03.2019 PASSED IN LACA.NO 16/2018 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 31.07.2017 PASSED IN LAC NO.79/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, BALLARI, PARTLY ALLOWING THE PETITION FILED U/SEC.18 OF LA ACT, 1894.

THIS MISCELLANEOUS SECOND APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

NC: 2023:KHC-D:13454 MSA No. 100046 of 2020

JUDGMENT

Learned High Court Government Pleader appearing for the appellants-State has filed a memo, which reads as under:

"Herein the counsel for the Appellants/State begs to submit as under:

That the top noted Miscellaneous Second Appeal the State has challenged the order passed by the Reference Court in an appeal in LAC Appeal No.16/2018. Pursuant to the said appeal having been filed before this Hon'ble Court the Respondent/ claimants have initiated execution petition before the executing court and now inview of the subsequent development having been taken that the appellants Assistant Commissioner and Land Acquisition Officer, Ballari having deposited the entire amount and the same having been withdrawn by the Respondent / claimants. The said fact has been communication by the PWD Department dated 04.11.2023 wherein all the execution petition having been fully satisfied and are closed. In view of the amount having been fully satisfied before the executing Court. Hence the Hon'ble Court be pleased to dispose of the appeal in the interest of justice and equity."

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NC: 2023:KHC-D:13454 MSA No. 100046 of 2020

2. Learned High Court Government Pleader appearing for the appellants-State submits that the respondent/claimant had initiated the execution proceedings before the Executing Court and in view of the subsequent developments, the appellants-State have deposited the entire amount before the Executing Court and the order under challenge has been fully satisfied & closed and hence, the State does not intend to prosecute the present appeal.

3. The said submission of the High Court Government Pleader and memo are taken on record.

4. In view of the above, the appeal stands disposed of as having fully satisfied.

In view of the disposal of the appeal, pending applications, if any, do not survive for consideration.

Sd/- JUDGE

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