Smt Lakshmamma vs The State Of Karnataka
2023 Latest Caselaw 10734 Kant

Karnataka High Court

Smt Lakshmamma vs The State Of Karnataka on 15 December, 2023

Author: N S Sanjay Gowda

Bench: N S Sanjay Gowda

                                        -1-
                                                   NC: 2023:KHC:45761
                                                   RP No. 472 of 2023




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 15TH DAY OF DECEMBER, 2023

                                     BEFORE
                   THE HON'BLE MR JUSTICE N S SANJAY GOWDA
                        REVIEW PETITION NO. 472 OF 2023
            BETWEEN:

            SMT LAKSHMAMMA,
            W/O SRI JAVAREGOWDA,
            AGED ABOUT 70 YEARS,
            RESIDING AT HARIKALALE VILLAGE,
            KASABA HOBLI, K R PETE TALUK,
            MANDYA DISTRICT - 571423,
            REP BY HER GPA HOLDER SRI RAGHU H J.
                                                        ...PETITIONER
            (BY SRI GIRISH C S, ADVOCATE)
            AND:

            1.    THE STATE OF KARNATAKA,
                  REVENUE DEPARTMENT MULTI STORIED BUILDING,
                  BANGALORE - 560001, REP. BY ITS SECRETARY.

            2.    THE SPECIAL DEPUTY COMMISSIONER,
Digitally         MANDYA DISTRICT, MANDYA - 571422.
signed by
KIRAN
KUMAR R     3.    THE TAHASILDAR,
Location:
HIGH              KRISHNARAJAPETE TALUK,
COURT OF          MANDYA DISTRICT - 571 422.
KARNATAKA

            4.  SRI NARASIMHA SHETTY,
                S/O CHELUVA SHETTY,
                AGED ABOUT 46 YEARS,
                R/AT HIRKALALE VILLAGE,
                KASABA HOBLI, KRISHNARAJAPETE TALUK,
                MANDYA DISTRICT - 571423.
                                                    ...RESPONDENTS
            (BY SRI B RAVINDRANATH, AGA FOR R1 TO R3)
                                    -2-
                                                 NC: 2023:KHC:45761
                                                 RP No. 472 of 2023




     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 READ WITH SECTION 114 OF CPC AND ARTICLE 226
AND 227 OF CONSTITUTION OF INDIA, PRAYING THAT THIS
HON'BLE COURT MAY BE PLEASED:
1.   ALLOW THE ABOVE REVIEW PETITION.
2. REVIEW THE ORDER DATED 16.06.2022 PASSED BY THIS
HON'BLE COURT IN WP NO. 11671/2022 (KLR-RES).
3 TO PASS ANY OTHER ORDER IN THE FACTS AND
CIRCUMSTANCES OF THE CASE AS THIS HON'BLE COURT
DEEMS FIT, IN THE INTEREST OF JUSTICE.

    THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
                             ORDER

1. Learned counsel for the petitioner, after arguing the

matter for some time, seeks leave of the Court to withdraw the

review petition and seeks liberty to challenge the order passed

by the Karnataka Appellate Tribunal in appeal No. 444/96,

since the order which is sought to be reviewed was passed on

the basis of the order passed by the Karnataka Appellate

Tribunal.

2. In view of the above said judgment, the review petition is

dismissed, reserving liberty to the petitioner to initiate

appropriate proceedings against the order passed by the

Karnataka Appellate Tribunal in appeal No.444/96.

NC: 2023:KHC:45761

3. In view of the order passed on merits, there is no need to

consider the application for condonation of delay.

Sd/-

JUDGE

BRN