The Commissioner vs The Rbi Staff And Others ...
2022 Latest Caselaw 11771 Kant

                           1

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 12TH DAY OF SEPTEMBER, 2022

                       PRESENT

             THE HON'BLE MR. ALOK ARADHE
                 ACTING CHIEF JUSTICE

                         AND

     THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

                  R.P.No.241/2022

BETWEEN:

B.S. HEMANTH KUMAR
S/O LATE B.H. SREENIVASA MURTHY
AGED ABOUT 59 YEARS
R/O NO.5/6, KANAKAPURA MAIN ROAD
YELACHENAHALLI, J.P. NAGAR
7TH PHASE, BENGALURU - 560 078.
                                       ...PETITIONER
(BY SRI SHAMARTH NAIK, ADV., FOR
    SRI SYED KHAMRUDDIN, ADV.)

AND:

1.     THE RBI STAFF AND OTHER
       CO-OPERATIVE HOUSING SOCIETY LTD.,
       REPRESENTED BY ITS SECRETARY
       NO.540/A, RBI LAYOUT,
       J.P. NAGAR 7TH PHASE
       BENGALURU - 560 078.

2.     THE STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY
       REVENUE DEPARTMENT
       VIDHANA SOUDHA
       BENGALURU -560 001.

3.     THE COMMISSIONER
       BANGALORE DEVELOPMENT
       AUTHORITY, KUMARA PARK WEST
                                2

        T. CHOWDAIAH ROAD
        BANGALORE - 560 020.

4.      THE TOWN PLANNING MEMBER
        BANGALORE DEVELOPMENT
        AUTHORITY, KUMARA PARK WEST
        T. CHOWDAIAH ROAD
        BANGALORE - 560 020.        ...RESPONDENTS

(BY SRI   JAYAKUMAR S. PATIL, SR. COUNSEL FOR
    SRI   NEGAWADI BASAVARAJAIAH, ADV., FOR R-1;
    SRI   S.S. MAHENDRA, AGA, FOR R-2;
    SRI   D.N. NANJUNDA REDDY, SR. COUNSEL FOR
    SRI   K. KRISHNA, ADV., FOR R-3 & R-4)

      THIS R.P. IS FILED UNDER ARTICLES XLVII RULE 1 OF
THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO REVIEW
THE ORDER DATED 19/07/2021 PASSED IN W.A.NO.
3983/2019(BDA) PASSED BY THE HON'BLE HIGH COURT OF
KARNATAKA AT BENGALURU FOR SUFFERING FROM ERROR
APPARENT ON THE FACE OF THE RECORD, IN THE INTEREST
OF JUSTICE, EQUITY (ANNEXUE-A) AND ETC.

     THIS R.P. COMING ON FOR ADMISSION THIS DAY,
ACTING CHIEF JUSTICE, MADE THE FOLLOWING:

                         ORDER

This petition has been filed seeking review of the

judgment dated 19.07.2021 passed by the Division

Bench of this Court in W.A.No.3983/2019.

2. Taking into account the fact that the judgment

under review has been passed without notice to the

petitioner herein and the fact that against the order

dated 20.11.2019 passed in W.A.No.2690/2015,

SLP(C).No.8692/2020 pending before the Hon'ble

Supreme Court was not brought to the notice of this

Court, the judgment dated 19.07.2021 is recalled.

W.A.No.3983/2019 is restored to file.

3. In the result, review petition is allowed.

SD/-

ACTING CHIEF JUSTICE

SD/-

JUDGE KK