Sri Basappa vs The State Government
2023 Latest Caselaw 5027 Kant

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                                                    NC: 2023:KHC:26434-DB
                                                           RP No. 353 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                            DATED THIS THE 28TH DAY OF JULY, 2023
                                           PRESENT
                             THE HON'BLE MR JUSTICE G.NARENDAR
                                             AND
                               THE HON'BLE MS JUSTICE J.M.KHAZI
                               REVIEW PETITION NO. 353 OF 2022
                                              IN
                             WRIT APPEAL NO. 637 OF 2020 (SC-ST)


                   BETWEEN:

                   SRI BASAPPA
Digitally signed
by YAMUNA K L      S/O KARIYAPPAKALAPPARA
Location: High     AGED ABOUT 58 YEARS,
Court of           R/AT CHIKKAKURUBARAHALLI VILLAGE,
Karnataka          CHANNAGIRI TALUK,
                   DAVANAGERE DISTRICT-577231.
                                                                ...PETITIONER
                   (BY SRI. GOPALAKRISHNAMURTHY C., ADVOCATE)


                   AND:

                   1.    THE STATE GOVERNMENT,
                         REPRESENTED BY ITS SECRETARY,
                         REVENUE DEPARTMENT,
                         M S BUILDING,
                         BENGALURU-560001.

                   2.    THE ASSISTANT COMMISSIONER,
                         SUB-DIVISION, DAVANAGERE
                         DAVANAGERE DISTRICT-577002
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                                  NC: 2023:KHC:26434-DB
                                         RP No. 353 of 2022




3.   DEPUTY COMMISSIONER
     DAVANAGERE
     DAVANAGERE DISTRICT-577002

4.   TAHASILDAR,
     CHANNAGIRI TALUK
     DAVANAGERE DISTRICT-577231

5.   SHRI. DODDAPPA
     S/O SANNAHANUMANTHAPPA
     MAJOR
     R/A CHIKKAKURUBARAHALLI VILLAGE
     CHANNAGIRI TALUK
     DAVANAGERE DISTRICT-577231
                                            ...RESPONDENTS
(BY SMT. NAMITHA MAHESH B.G, AGA FOR R1 TO R4.)


     THIS REVIEW PETITION IS FILED UNDER SECTION 114
R/W ORDER XLVII R/W SECTION 151 OF THE CPC PRAYING TO
REVIEW THE JUDGMENT AND ORDER PASSED BY THIS
HON'BLE COURT IN W.A.NO.637/2020 [SC/ST] DATED:
15.04.2021 BY ALLOWING THE ABOVE PETITION AND
CONSEQUENTLY ALLOW THE W.A.NO.637/2020 [SC/ST] FILED
BY THE PETITIONER TO MEET THE ENDS OF JUSTICE AND
EQUITY.

    THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, G.NARENDAR J., MADE THE FOLLOWING:



                         ORDER

Heard the learned counsel for the petitioner and the

learned AGA.

NC: 2023:KHC:26434-DB RP No. 353 of 2022

2. The instant review petition is filed claiming that this

Court while disposing of the writ petition has misconstrued the

proceedings as one under the PTCL Act.

3. We have perused the judgment and the reasoning

clearly belies the argument being canvassed now. The order,

more particularly, para 19 clearly demonstrates that the Court

has merely observed that, had it been a proceeding under the

PTCL, probably then the petitioner would have locus standi and

the Court has been very much alive to the fact that the

petitioner has not been able to demonstrate that he has

succeeded to the estate of his late uncle. In that view of the

matter, the attempt by the petitioner to go into the merits is

impermissible in the light of the law laid down by the Hon'ble

Apex Court in the case of S Madhusudhan Reddy vs. V

Narayana Reddy and Others reported in 2022 SCC Online SC

1034. Accordingly, the instant review petition being bereft of

merits, is dismissed.

4. The dismissal of the review petition shall not come in

the way of the petitioner to assert his succession rights and

NC: 2023:KHC:26434-DB RP No. 353 of 2022

it is open for the petitioner to establish the same strictly in

accordance with law.

Sd/-

JUDGE

Sd/-

JUDGE

YKL