Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:4678 RP No. 86 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE KRISHNA S DIXIT REVIEW PETITION NO. 86 OF 2024 BETWEEN:
SRI. BALACHANDRA KARNIK, S/O DR. K.S. SESHAGIRI RAO, AGED ABOUT 73 YEARS, R/AT SRI. TULASI NADAGUDDE ANGADI, NADAGRAMA, KUNDAPURA TALUK, UDUPI DISTRICT-576 201 …PETITIONER (BY SRI. NAGARAJA HEGDE, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REP. BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001.
2.
ASSISTANT COMMISSIONER SPECIFIED FOR CONSIDERING THE APPLICATION UNDER FORM NO.7-A UNDER LAND REFORMS ACT, KUNDAPURA SUB DIVISION, KUNDAPURA TALUK, UDUPI DISTRICT-576 201.
3.
SMT. GIRIJAMMA SHEDTHI, W/O PUTTAIAH SHETTY, D/O KADKE VENKAPPA SHETTY, R/AT TENKABAIL, NADAGRAMA, KUNDAPURA TALUK, UDUPI DISTRICT-576 201 …RESPONDENTS (BY SRI. ADITYA VIKRAM BHAT, AGA FOR R1 AND R2;
R3 - SERVED AND UNREPRESENTED)
Digitally signed by SHARADA VANI B Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:4678 RP No. 86 of 2024
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 OF CPC, PRAYING TO 1 CALL FOR THE ENTIRE RECORDS PERTAINING TO THE FILE IN W.P. NO. 19058/2019 FROM THIS HONBLE COURT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT
ORAL ORDER
The review seeks recall of the judgment dated 01.12.2022 whereby petitioner's Writ Petition No.19058 of 2019 (LR) was negatived on the premise that his application in Form No.7A filed under Section 77A of the Karnataka Land Reforms Act, 1961 as amended was not maintainable since his application in Form No.7 filed under Section 48A was already declined.
2. Now, learned counsel for the petitioner rightly draws attention of the Court to the endorsement dated 23.12.1998, a copy whereof avails at page No.57, which discloses that the review petitioner had not claimed occupancy by filing Form No.7 at any point of time.
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NC: 2025:KHC:4678 RP No. 86 of 2024
In view of the above, review petition is allowed and the judgment dated 01.12.2022 is recalled. As a consequence, the writ petition is restored to the Board. Registry to post the matter before regular Bench. All contentions are kept open. Costs made easy.
Sd/- (KRISHNA S DIXIT) JUDGE
DH List No.: 1 Sl No.: 8 CT:SNN