Karnataka High Court
M Krishna Swamy vs Tahasildar on 11 March, 2022
Bench: B.M.Shyam Prasad
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD
REVIEW PETITION NO.359/2021
IN
WRIT PETITION NO.14347/2020
BETWEEN :
1. M.KRISHNA SWAMY,
S/O LATE D.M.MUNIYAPPA,
AGED 79 YEARS,
RESIDING AT NO.907, 6TH MAIN,
VIJAYANAGAR, BANGALORE-40.
(SENIOR CITIZEN, PROOF ENCLOSED)
2. M.VENKATA SWAMY,
S/O LATE D.M.MUNIYAPPA,
AGED 82 YEARS,
RESIDING AT NO.250,
14TH CROSS, R.T.NAGAR,
IIND BLOCK, BANGALORE - 560 032.
(SENIOR CITIZEN, PROOF ENCLOSED)
3. D.M.PRADEEP KUMAR
S/O LATE MUDALAPPA,
AGED 43 YEARS,
AT DABUSPET VILLAGE,
NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT - 562 111.
4. MUNIYANAIKA,
S/O GOVINDANAIKA,
AGED 43 YEARS,
RESIDING AT HONNENAHALLI THANDYA,
2
SOMPURA HOBLI,
NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT-562 111.
5. C.G.GOVINDARAJAGUPTHA,
S/O GOPALAKRISHNA SHETTEY,
AGED 69 YEARS, RESIDING AT
NO.320, 8TH MAIN ROAD,
M.S.RAMAIAH ENCLAVE,
NAGASANDRA POST,
BANGALORE - 73.
... PETITIONERS
(BY SRI.M.GANESH, ADVOCATE)
AND :
1. TAHASILDAR
NELAMANGALA TALUK,
NELAMANGALA
BANGALORE RURAL DISTRICT - 562 123.
2. ASST.COMMISSIONER,
DODDABALLAPURA SUB-DIVISION,
DODDABALLAPURA,
BANGALORE RURAL DISTRICT - 561 203.
3. SPECIAL LAND ACQUISITION OFFICER
AND COMPETENT AUTHORITY
NATIONAL HIGHWAYS
NO.6578/3, NEERBHAVI KEMPANNA LAYOUT,
BANGALORE - 560 024.
4. SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
OFFICE NO.2, NO.14/3, 1ST FLOOR,
MAHARSHI ARVIND BHAVAN,
CFC BUILDING,
BANGALORE - 560 001.
5. DEPUTY COMMISSIONER,
3
BANGALORE RURAL DISTRICT,
BEERASANDRA, KUNDANA HOBLI,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT - 562 110.
6. STATE OF KARNATAKA,
BY REVENUE SECRETARY,
VIDHANA SOUDHA,
DR.AMBEDKAR VEEDHI,
BANGALORE - 560 001.
7. SMT. GOWRAMMA,
W/O ANJINAPPA,
AGED 63 YEARS,
RESIDING AT
NO.60/2, "SHAKAMBARINAGAR",
SARAKKI, 7TH CROSS, 80 FT ROAD,
J.P.NAGAR, 1ST PHASE,
BANGALORE - 560 078.
BHARATH-R-GAJARIA,
SINCE DECEASED BY LR'S
8. SMT. SEEMA GAJARIA
W/O LATE BHARATH.R.GAJARIA,
AGED 68 YEARS,
9. MANISH.B.GAJARIA,
S/O LATE BHARATH.R.GAJARIA,
AGED 43 YEARS,
10. GIRISH.B.GAJARIA,
S/O LATE BHARATH.R.GAJARIA,
AGED 41 YEARS,
RESPONDENTS NO.8 TO 10 RESIDING
AT FLAT NO.403, "SHANTHINIKETHAN
APARTMENTS", NO.294, 34TH CROSS,
JAYANAGAR, 7TH BLOCK,
BANGALORE - 560 082.
4
11. RAVINDRA VAMAN KORE
S/O VAMAN KORE,
AGED 63 YEARS,
RESIDING AT NO.4A AND B
VANIVILAS APARTMENT'S NO.163/11,
BASAVANAGUDI,
BANGALORE - 560 004.
12. KESHAVKUMAR,
S/O LATE GANGAIAH,
AGED 48 YEARS,
RESIDING AT NO.246, 7TH MAIN,
RUKMININAGAR,
NAGASANDRA 8TH MILE,
TUMKUR ROAD,
BANGALORE - 73.
13. PARAMESHA,
S/O LATE K.RAJANNA,
AGED 44 YEARS,
RESIDING AT DOBUSPET VILLAGE,
SOMPURA HOBLI,
NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT - 562 111.
14. SMT. GOWRAMMA,
W/O LATE K.PUTTAIAH,
AGED 61 YEARS,
NO.350/23
SHIVAGANGA CIRCLE, DOBUSPETE,
SOMPURA HOBLI,
NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT - 562 111.
15. K.VENKATA SWAMY,
S/O LATE KEMPAIAH,
AGED 63 YEARS,
RESIDING AT NO.348/368/94,
SOMPURA VILLAGE,
5
SOMPURA HOBLI, NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT - 562 111.
... RESPONDENTS
(BY SRI.C.N.MAHADESHWARA, AGA FOR R-1 AND R-2;
SRI.M.SHIVAPRAKASH, ADV., FOR R-9;
SRI CHETHAN B., ADV., FOR R-7,
R-12, 14 AND 15 ARE SERVED,
V/O DATED:4.3.2022 SERVICE OF NOTICE TO R-8 AND
R-10 STANDS DISPENSED WITH;
V/O DATED:23.12.2021 NOTICE TO R-3 TO R-6 ARE
WAIVED)
THIS REVIEW PETITION IS FILED UNDER ORDER
XLVII RULE 1 READ WITH SECTION 114 OF CPC, PRAYING
TO REVIEW THE JUDGMENT AND ORDER PASSED IN W.P.
No.14347 OF 2020 (KLR), D.D. DATED:17/12/2020 AND
RESTORE THE FILE W.P.No.14347/2020 (KLR) FOR
DISPOSAL IN ACCORDANCE WITH LAW IN THE INTEREST
OF JUSTICE.
THIS REVIEW PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:-
ORDER
The petitioners have sought for the review of this
Court's order dated 17.12.2020 in Writ Petition
No.14347 of 2020 [KLR/RES] and in support of this
petition, the learned counsel for the petitioners submits
that, in the very same set of circumstances but at the
instance of another set of rival claims, this Court has
granted interim orders in writ Petition No.15108 of 2020
on 18.12.2020. However, in the case of the petitioners,
their writ petition in W.P. No.14347 of 2020 is disposed
of with liberty to the petitioners to call in question the
Assistant Commissioner's order dated 04.03.2020 in
R.A.[Ne].66/2017 under Section 136(3) of the Karnataka
Land Revenue Act, 1964.
The learned counsel for the petitioners in this
regard, draws the attention of this Court to the order
dated 18.12.2020. The learned counsel submits that
with this Court being seized of the question to be
decided inter se the parties in Writ Petition No.15108 of
2020, the Deputy Commissioner will not go into the
question canvassed on merits by the petitioners.
The circumstances relied upon by the learned
counsel for the petitioners is not contested by the
respondents and in that event, this Court must opine
that there is an error apparent on record and this Court
must intervene and recall the order dated 17.12.2020
and restore the writ petition in W.P. No.14347 of 2020
[KLR/RES].
The review petition is allowed accordingly.
Sd/-
JUDGE
RK/-
Ct: SN
