Mangalore Electricity Supply ... vs Sri Zia Ahamed
2022 Latest Caselaw 3334 Kant

                            1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 25TH DAY OF FEBRUARY, 2022

                         PRESENT

           THE HON'BLE MR. JUSTICE ALOK ARADHE

                           AND

     THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

           REVIEW PETITION NO.245 OF 2021
                   IN W.A. NO.1558/2018

BETWEEN:

1.     MANGALORE ELECTRICITY SUPPLY COMPANY LTD.
       BY ITS MANAGING DIRECTOR
       MANGALORE-574142

2.     MANGALORE ELECTRICITY SUPPLY COMPANY LTD.
       (MESCOM)
       MANGALORE-574142
       REPRESENTED BY ITS MANAGING DIRECTOR.
                                            ...PETITIONERS
(BY SRI. MAHESH CHOWDHERI, ADVOCATE FOR
    SRI. SHAHBAAZ HUSAIN, ADVOCATE)

AND:

1.     SRI. ZIA AHAMED
       S/O LATE MOHAMMED SAB,
       AGRICULTURIST,
       AGED ABOUT 75 YEARS,
       R/O BHARATHI STREET,
       SHRUNGERI TOWN,
       CHIKKMAGALURU DISTRICT-577101.

2.     THE SECRETARY TO GOVERNMENT
       DEPARTMETN OF REVENUE,
       KARNATAKA GOVERNMENT SECRETARIAT,
       MULTISTORIED BUILDING,
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        VIDHANA VEEDHI,
        DR. B.R. AMBEDKAR VEEDHI,
        BANGALORE-560001.

3.      THE DEPUTY COMMISSIONER
        CHIKKAMAGALURU DISTRICT,
        CHIKKAMAGALURU-577101.

4.      THE ASSISTANT COMMISSIONER AND
        LAND ACQUISITION OFFICER,
        CHIKKAMAGALURU-577101.

5.      THE KARNATAKA POWER TRANSMISSION
        CORPORATION (KPTCL),
        CAUVERY BHAVAN,
        BANGALORE-560009.
                                             ... RESPONDENTS
(BY SRI. KEMPANNA, ADVOCATE FOR R1;
    SRI. JEEVAN J. NEERALAGI, A.G.A. FOR R2 TO R5;
    SMT. NAYANTARA B.G., ADVOCATE FOR R5)
                             ---
      THIS REVIEW PETITION IS FILED UNDER ORDER 47, RULE 1
OF CPC, 1908, PRAYING TO REVIEW ITS ORDER DATED
21.06.2021 PASSED IN W.A.NO.1558/2018.

      THIS REVIEW PETITION COMING ON FOR ADMISSION THIS
DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

                            ORDER

Mr. Mahesh Chowdhari, learned counsel for Mr.

Shahbaaz Husain, learned counsel for the petitioner.

Mr. Kempanna, learned counsel for respondent

No.1.

Mr. Jeevan J. Neeralagi, learned Additional

Government Advocate for respondents No.2 to 5.

Heard.

This review petition has been filed seeking review

of the judgment dated 21.06.2021 passed by this Court

in W.A.No.1558/2018.

After hearing the learned counsel for the parties

and on perusal of the aforesaid judgment dated

21.06.2021, it is evident that this Court in paragraph

No.2 of the aforesaid Judgment has recorded that in

view of the constitution bench of the Supreme Court in

'INDORE DEVELOPMENT AUTHORITY (LAPSE-5 J.) V.

MANOHARLAL; (2020) 8 SCC 129, the proceedings

under Section 24(2) of the Act does not abate.

Therefore, this Court should have allowed the order

passed by the learned Single Judge and dismissed the

appeal. However, on account of typographical error, it is

stated that order passed by the learned Single Judge is

set aside and the appeal is allowed.

Accordingly, it is directed that instead of words "

is set aside' the words " is affirmed" shall be substituted

in the last line of paragraph No.2 and immediately after

the words " the appeal is allowed" the words "appeal is

dismissed" shall be substituted.

This order shall be read in Conjunction with the

order dated 21.06.2021 passed in W.A.No.1558/2018.

Sd/-

JUDGE

Sd/-

JUDGE HR