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IN THE HIGH COURT OF DHARWAD BENCH

DATED THIS THE 31 ST DAY OF AUGUST 2015

BEFORE

THE HON’BLE MR.JUSTICE K.N. PHANEENDRA

WRIT PETITION NO.108909 OF 2014 AND WRIT PETITION NO.100927 OF 2015 C/W WRIT PETITION NO.108910 OF 2014 AND WRIT PETITION NO.100928 OF 2015 (GM-CPC)

IN WP NO.108909 OF 2014 & WP NO.100927 O F 2015 BETWEEN

1. SURESH BASAPPA AGE: 52 YEARS, OCC: SERVICE, R/O: , P.K-591 304 TQ: ATHANI, DIST: .

2. BHIMAPPA BASAPPA HANCHINAL AGE: 49 YEARS, OCC: AGRICULTURE, R/O: NAGANUR, P.K-591 304 TQ: ATHANI, DIST: BELGAUM.

3. KALAVATI W/O BASAPPA HANCHINAL AGE: 67 YEARS, OCC: AGRICULTURE, R/O: NAGANUR, P.K-591 304 TQ: ATHANI, DIST: BELGAUM.

4. MAHADEVI W/O ASHOK @ MALLAPPA KHOT AGE: 45 YEARS, OCC: HOUSEHOLD, R/O: BURLATTI-591 230, TQ: ATHANI, DIST: BELGAUM. ... PETITIONERS (By Sri. M G NAGANURI, ADV.) : 2 :

AND

1. CHANDRASHEKHAR BASAPPA HANCHINAL, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: NAGANUR, P.K-591 304 TQ: ATHANI, DIST: BELGAUM.

2. THE SPECIAL LAND ACQUISITION OFFICER/REHABILITATION OFFICER HIPPARAGI BARRAGE PROJECT, ATHANI, DIST: BELGAUM. ... RESPONDENTS (By SMT K. VIDYAVATI, AGA FOR R2. R1 SERVED.)

THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF PRAYING TO QUASH THE ORDER DATED 09.09.2014 PASSED BY THE VII ADDITIONAL DISTRICT & SESSIONS JUDGE BELGAUM AT IN LAC APPEAL 234/2014 ON STAY APPLICATION PRODUCED AT ANNEXURE-F HOLDING THAT THE APPELLATE COURT HAD NO JURISDICTION TO ENTERTAIN THE APPEAL & THAT THE COURT FEE IS TO BE PAID BY THE FIRST RESPONDENT ON THE ENTIRE COMPENSATION AMOUNT OF Rs.12,84,066/- AWARDED BY THE 5TH RESPONDENT.

IN WP NO.108910 OF 2014 & WP NO.100928 OF 2015 BETWEEN

1. SURESH BASAPPA HANCHINAL AGE: 52 YEARS, OCC: SERVICE, R/O: NAGANUR, P.K-591 304 TQ: ATHANI, DIST: BELGAUM.

2. BHIMAPPA BASAPPA HANCHINAL AGE: 49 YEARS, OCC: AGRICULTURE, R/O: NAGANUR, P.K-591 304 TQ: ATHANI, DIST: BELGAUM.

3. KALAVATI W/O BASAPPA HANCHINAL AGE: 67 YEARS, OCC: AGRICULTURE, R/O: NAGANUR, P.K-591 304 : 3 :

TQ: ATHANI, DIST: BELGAUM.

4. MAHADEVI W/O ASHOK @ MALLAPPA KHOT AGE: 45 YEARS, OCC: HOUSEHOLD, R/O: BURLATTI-591 230, TQ: ATHANI, DIST: BELGAUM. ... PETITIONERS (By Sri. M G NAGANURI, ADV.)

AND

1. CHANDRASHEKHAR BASAPPA HANCHINAL AGE: 50 YEARS, OCC: AGRICULTURE, R/O: NAGANUR, P.K-591 304 TQ: ATHANI, DIST: BELGAUM.

2. THE SPECIAL LAND ACQUISITION OFFICER/REHABILITATION OFFICER HIPPARAGI BARRAGE PROJECT, ATHANI, DIST: BELGAUM. ... RESPONDENTS (By Smt K. VIDYAVATI, AGA FOR R2. R1 SERVED.)

THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 09.09.2014 PASSED BY THE VII ADDITIONAL DISTRICT & SESSIONS JUDGE BELGAUM AT CHIKODI IN LAC APPEAL NO.233/2014 ON STAY APPLICATION PRODUCED AT ANNEXURE-F HOLDING THAT THE APPELLATE COURT HAD NO JURISDICTION TO ENTERTAIN THE APPEAL & THAT THE COURT FEE IS TO BE PAID BY THE FIRST RESPONDENT ON THE ENTIRE COMPENSATION AMOUNT OF RS.11,80,635/- AWARDED BY THE 5TH RESPONDENT.

THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: : 4 :

ORDER

The learned counsel for the petitioners has filed a memo dated 27/08/2015 seeking withdrawal of the petitions.

Perused the memo dated 27/08/2015. Memo recorded. Petitions are dismissed as withdrawn.

Sd/- JUDGE kmv