Shri. Kirasa S/O. Krishnasa ... vs State Of Karnataka
2023 Latest Caselaw 872 Kant

 IN THE HIGH COURT OF KARNATAKA AT DHARAWAD

       DATED THIS THE 13 T H DAY OF JANUARY, 2023

                        PRESENT

THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR

                          AND

          THE HON'BLE MR. JUSTICE P.N.DESAI

       REVIEW PETITION NO. 100015 OF 2021
                        IN
     WRIT PETITION NO.106208 OF 2018(KLR-RES)


BETWEEN:

1.     Shri. Kirasa,
       Son of Krishnasa Kathare,
       Aged about 76 years,
       Occ- Retired Government Servant,

2.     Shri. Krishnasa
       Son of Muralidhar Kathare,
       Aged about 56 years,
       Occup ation-service,

3.     Shri. Narayan,
       Son of Muralidhar Kathare,
       Aged about 44 years,
       Occup ation-Business

       All are residing at
       No.34/2 Victoria Road ,
       Saloni, Hubbali-580020
       Now at Gold en Town,
       Behind Shakuntala Hospital,
       Hosur, Hubbali-580021.
                                           ...Petitioners
(By Sri S.Sreevatsa, Senior Counsel, for
    Sri. K.H.Bagi, Advocate)
                          :: 2 ::



AND:

1.   State of Karnataka,
     By its Secretary,
     Revenue Dep artment,
     Vikas Soudha,
     Dr. B.R.Amb edkar Veedhi,
     Beng aluru-560001.

2.   The Commissioner,
     Survey, Settlement and
     Land Records, K.R.Circle,
     Beng aluru-560001.

3.   The Joint Director of
     Land Records,
     Court Complex, 4360/A,
     Chavat Galli, Khade Bazaar,
     Sadashivnagar, Belg aum-590001.

4.   The City Surveyor
     Office of the Assistant Director
     Of Land Record s,
     Mini Vidhana Soudha,
     Laming ton Road ,
     Hubb alli-580020.

5.   Manayyana Math Trust,
     Represented by its Trustee
     Shri. Balaram,
     Son of Ananthap pa Mulgund
     Aged about 61 years,
     Occup ation Business,
     Residing at Prabhath Colony,
     Vidyanag ar, Hub balli-580021.
                                         ...Respondents
(HCGP for R1 to R4 - Absent;
 Notice to R5 served , unrep resented)
                                  :: 3 ::


     This Review Petition is filed und er Ord er 47 Rule
1 of CPC, 1908, read with Article 226 of the
Constitution of India, praying to call for records in
Writ Petition No.106208/2018 (KLR-RES) b efore this
Hon'b le court and review the judgment/ order dated
23.03.2021 in Writ Petition No.106208/2018 (KLR-
RES), and etc.

     This Review Petition coming on for admission
this day, SREENIVAS HARISH KUMAR J., the Court
mad e the following:

                              ORDER

This review petition is filed seeking review of

the order dated 23.3.2021 in

W.P.No.106208/2018. We do not think that review

is necessary, a clarification is enough.

2. We heard Sri.S. Sreevatsa, learned senior

counsel for the petitioner on 2.12.2022. The

Government Advocate or Pleader was absent on

2.12.2022 and in order to hear him, this case was

ordered to be listed on 6.1.2023. Since the

Bench could not be constituted on 6.1.2023,

review petition is taken up today.

3. It is the submission of Sri. Sreevatsa that

as per the directions issued by the Joint Director

of Land Records, the survey is likely to be :: 4 ::

conducted changing the external boundaries of the

properties viz, CTS No.470/1, 470/2, 471 and 472

of Hubli city. The dispute is with regard to internal

boundaries of these properties. If external

boundaries are changed or altered during survey,

it will have a cascading effect on the boundaries of

other properties. He also refers to Volume II of

Bhoomapana Sampada published by the

Government of Karnataka and submits that as

specified therein while rectifying the boundaries,

the survey should be conducted without disturbing

the external boundaries. He also submits that even

it is not the case of the fifth respondent that there

is a dispute about external boundaries of the

properties.

4. In spite of several opportunities being

given, there is no representation from the

respondents' side.

5. If we consider the submissions of Sri

Sreevatsa, we think that there is no need to

review the order in WP 106208/2018, a

clarification suffices the situation. Therefore we :: 5 ::

make it clear that while the respondents are at

liberty to conduct survey of the properties bearing

CTS No.470/1, 470/2, 471 and 472 of Hubbali

City, the survey shall be confined to set right the

discrepancies, if any, of the internal boundaries of

the said properties. The surveyor shall not touch

the external boundaries of these properties.

6. The Joint Director of Land Records shall

direct the Assistant Director of Land Records to

conduct the survey of the internal boundaries

without touching the external boundaries. With

this clarification, review petition stands disposed

of.

SD

JUDGE

SD JUDGE sd