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2025 DAILYLAW 31153 (KAR)

THE STATE OF KARNATAKA v. SRI VEMANNA G

RP/416/2023 · 2025-06-11

E S Indiresh

Review Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19946 RP NO.416 OF 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH REVIEW PETITION NO.416 OF 2023 IN WRIT PETITON NO.10934 OF 2022 BETWEEN: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT, RAMANAGARA - 573 201. 3. THE ASSISTANT COMMISSIONER RAMANAGARA SUB-DIVISION, RAMANAGARA - 573 134. 4. THE TAHSILDAR MAGADI TALUK, MAGADI - 573 134. …PETITIONERS (BY SRI. SIDDHARTH BABURAO, AGA) AND: SRI. VEMANNA G. S/O LATE GOVINDA, AGED ABOUT 57 YEARS, R/O NO 64/B, 5TH CROSS, BAPUJI NAGARA (KHB), BENGALURU - 560 026. …RESPONDENT (BY SRI. SUMANTH L. BHARADWAJ, ADVOCATE) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19946 RP NO.416 OF 2023 THIS REVIEW PETITION IS FILED UNDER ORDER XLVII RULE 1 READ WITH SECTION 114 OF THE CODE OF CIVIL PROCEDURE, 1908 READ WITH ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO REVIEW THE ORDER DATED 06TH DECEMBER, 2022 PASSED IN WRIT PETITION NO.10934 OF 2022 (KLR-RES) VIDE ANNEXURE-A AND RE- HEAR THE MATTER IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER This Review Petition is filed by the Petitioner-State seeking to review the order dated 06th December, 2022 passed by this Court in Writ Petition No.10934 of 2022. 2. Heard Sri. Siddharth Baburao, learned Additional Government Advocate appearing for petitioners and Sri. Sumanth L. Bhardwaj, learned counsel appearing for the respondent. 3. Sri. Siddharth Baburao, learned Additional Government Advocate appearing for the petitioner-State submits that the petitioner No.4-Tahsildar has failed to bring to the notice of this Court the proposed project yet to be taken by the Government and also the fact that land in question is reserved for Forest Department in alternate to the land being - 3 - HC-KAR NC: 2025:KHC:19946 RP NO.416 OF 2023 used for the project. Accordingly, the learned Additional Government Advocate submitted that the petitioner No.4- Tahsildar had inadvertently filed memo dated 06th December, 2022 before this Court and therefore, the order dated 06th December, 2022 passed by this Court in Writ Petition No.10934 of 2022 is required to be reviewed in the present Review Petition. 4. Per contra, learned counsel appearing for the respondent submitted that the order dated 06th December, 2022 in Writ Petition No.10934 of 2022 is passed during the personal presence of the petitioner No.4-Tahsildar and therefore, no interference be called for in the present petition. 5. Having taken note of the submission made by learned counsel appearing for the parties, I have perused the order dated 06th December, 2022 passed in Writ Petition No.10934 of 2022, wherein at paragraph No.2, it is stated that the Tahsildar is present before the Court and on his instructions, learned Additional Government Advocate appearing for the respondents therein filed memo along with certain documents. In that view of the matter, as the petitioner No.4-Tahsildar has categorically made submission - 4 - HC-KAR NC: 2025:KHC:19946 RP NO.416 OF 2023 before this Court that the action will be taken within an outer limit of four months with regard to claim made by the respondent herein by filing memo, I am of the view that, there is no error apparent on the face of the record and no interference be called for in this petition. 6. Accordinlgy, following the law declared by Hon'ble Apex Court in the case of SHRI RAM SAHU (DEAD) THROUGH LEGAL REPRESENTATIVES AND OTHERS vs. VINOD KUMAR RAWAT AND OTHERS reported in (2021) 13 SCC 1, Review Petition is dismissed. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 27