IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 13TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH REVIEW PETITION NO.350 OF 2017 IN WRIT PETITION NO.14292 OF 2009 (LR) BETWEEN:
SRI S.M. KRISHNAPPA SON OF LATE MUNISWAMAPPA, AGED ABOUT 66 YEARS, RESIDING AT SALUNUNASE VILLAGE, KAGGALIPURA DHAKALE, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK. ...PETITIONER (BY SRI M.R. RAJAGOPAL, ADVOCATE) AND:
1. SMT. PAPAMMA, SINCE DECEASED BY HER LEGAL REPRESENTATIVES SRI PRAKASH BABU, SON OF LATE MUNIYAPPA, AGED ABOUT 58 YEARS, RESIDING AT NO.55, 1ST CROSS, THAVAREKERE, BENGALURU-560 081.
2. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001.
3. THE LAND TRIBUNAL REPRESENTED BY ITS CHAIRMAN, BENGALURU SOUTH TALUK, BENGALURU.
4. SRI B.K. GOVINDARAJU SINCE DEAD BY HIS LEGAL REPRESENTATIVES, SMT. BHARATHI, DAUGHTER OF LATE B.K. GOVINDARAJU, MAJOR IN AGE, RESIDING AT NO.13, WATSON ROAD, BENGALURU-560 001.
… RESPONDENTS (BY SRI KIRAN KUMAR, HCGP FOR R-2 AND R-3;
VIDE ORDER DATED 31.05.2019, NOTICE TO R-1 IS HELD SUFFICIENT;
VIDE ORDER DATED 05.04.2019 NOTICE TO R-4 IS DISPENSED WITH) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 READ WITH SECTION 114 OF CPC, PRAYING TO REVIEW THE ORDER DATED 21.02.2017 PASSED BY THIS HON’BLE COURT IN WRIT PETITION NO.14292 OF 2009 (LR); CONSEQUENTLY DISMISS WRIT PETITION NO.14292 OF 2009 (LR) FILED BY RESPONDENT NO.1.
***** THIS REVIEW PETITION COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER This Review Petition is filed praying to review the order dated 21-2-2017, passed in Writ Petition No.14292 of 2009.
2. Heard learned counsels.
3. On hearing learned counsels and considering the contentions as well as the order passed under review, I’am of the view that there is an error apparent on the face of the record. Prima facie it would appear that the Tribunal has recorded certain findings. However, the same is subject to verification from the records. Hence, there is an error apparent on the face of the record. Accordingly, the Review Petition is allowed.
1) The order dated 21-2-2017, passed in Writ Petition No.14292 of 2009 is reviewed and recalled.
2) The writ petition is restored to file.
Sd/- JUDGE rsk/-