IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 13TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE H.P.SANDESH REVIEW PETITION NO.275 OF 2019 IN CCC NO.2525 OF 2018 (CIVIL) BETWEEN:
BEML LIMITED BEML SOUDHA NO.23/1, 4TH MAIN ROAD SAMPANGIRAMA NAGAR BENGALURU-560 027 REPRESENTED BY ITS DEPUTY GENERAL MANAGER (HR) SMT. NEENA SINGH.
...PETITIONER (BY SRI A.S. PONNANNA, SENIOR COUNSEL FOR SRI ISMAIL M. MUSBA, ADVOCATE) AND:
1. SHRI POTHARAJU AGED ABOUT MAJOR THE SPECIAL LAND ACQUISITION OFFICER VISVESWARAYA CENTRE III FLOOR, PODIUM BLOCK DR.B.R. AMBEDKAR VEEDHI BENGALURU-560 001.
2. SHRI RAJKUMAR KHATRI AGED ABOUT MAJOR SECRETARY THE STATE OF KARNATAKA REVENUE DEPARTMENT M.S. BUILDING DR.B.R. AMBEDKAR VEEDHI BENGALURU-560 001.
3. SMT. SUSHMA GODBOLE AGED ABOUT MAJOR THE SPECIAL DEPUTY COMMISSIONER BENGALURU DISTRICT TALUK OFFICE COMPOUND K.G. ROAD BENGALURU-560 002.
… RESPONDENTS (BY SRI KIRAN KUMAR, ADDITIONAL GOVERNMENT ADVOCATE) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 READ WITH 114 OF THE CPC, PRAYING TO REVIEW THE ORDER OF THIS HON’BLE COURT DATED 01.07.2019 PASSED IN CCC NO.2525 OF 2018 (CIVIL) AND PASS APPROPRIATE ORDER, DULY CONSIDERING THE ACTUAL FACTS AND CIRCUMSTANCES, IN THE INTEREST OF JUSTICE AND EQUITY.
***** THIS REVIEW PETITION COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER We have heard Sri A.S.Ponnanna, learned Senior Counsel appearing for the petitioner’s counsel and Sri Kiran Kumar, learned Government Advocate appearing for the respondents.
2. Contempt Petition No.2525 of 2018 was filed on the ground that the order dated 29-6-2017 passed in CCC No.773 of 2017 has been disobeyed. By the order dated 1-7-2019, the Contempt Petition was dismissed. Therefore, the instant Review Petition is filed seeking to review of the order.
3. The learned Senior counsel appearing for the petitioner’s counsel submits that the Contempt Petition arose out of the disobedience of the order dated 29-6-2017 passed in CCC No.773 of 2017. The said Contempt Petition arose in view of the order dated 19-2-2015 passed in Writ Petition No.19587 of 2013. The learned Division Bench considered the order passed in the Writ Petition and accordingly dismissed the Petition. However, the Contempt Petition was filed in view of the subsequent undertakings given as recorded in the order dated 29-6-2017 in CCC No.773 of 2017. Therefore, it is that order that had to be considered. The Division Bench wrongly noticed the order of the learned Single Judge alone. Hence, this amounts to an error apparent on the face of the record.
4. The learned Government Advocate does not dispute the said position.
For the aforesaid reasons, this Petition is allowed.
1) The order dated 1-7-2019, passed in CCC No.2525 of 2018 is reviewed and recalled.
2) The Contempt Petition is restored to file.
List the Contempt Petition before the appropriate Court.
Sd/- JUDGE Sd/- JUDGE Rsk/-