- 1 - HC-KAR NC: 2025:KHC:38413 RP No. 863 of 2022 C/W RP No. 859 of 2022 RP No. 492 of 2023 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS REVIEW PETITION NO.863 OF 2022 C/W REVIEW PETITION NO.859 OF 2022 REVIEW PETITION NO.492 OF 2023 REVIEW PETITION NO.493 OF 2023 IN RP No.863/2022 BETWEEN: SRI SHIVASHANKAR S/O. NANJUNDAPPA AGED ABOUT 55 YEARS R/O. THINDLU VILLAGE SARJAPURA HOBLI ANEKAL TALUK-5625125 BENGALURU URBAN DISTRICT …PETITIONER (BY SRI S. P. KULKARNI, SR. ADVOCATE FOR; SRI VASANTH KUMAR K. M., ADVOCATE) AND: 1. T. R. GOPALAIAH S/O. RAMAIAH AGED ABOUT 75 YEARS R/O. THINDLU VILLAGE SARJAPURA HOBLI ANEKAL TALUK-5625125 BENGALURU URBAN DISTRICT Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38413 RP No. 863 of 2022 C/W RP No. 859 of 2022 RP No. 492 of 2023 AND 1 OTHER 2. VEERABHADRAIAH S/O. NANJUNDAPPA AGED ABOUT 64 YEARS R/O. THINDLU VILLAGE SARJAPRUA HOBLI ANEKAL TALUK-5625125 BENGALURU URBAN DISTRICT 3. THE TAHSILDAR ANEKAL TALUK ANEKAL-5625125 BENGALURU URBAN DISTRICT 4. THE SPECIAL DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT K. G. ROAD BENGALURU-560009 5. T. S. SHIVANNA S/O. CHIKKABASAPPA AGED ABOUT 72 YEARS R/O. THINDLU VILLAGE SARJAPURA HOBLI ANEKAL TALUK-5625125 BENGALURU URBAN DISTRICT …RESPONDENTS (BY SRI SIDDAPPA V. D., ADVOCATE FOR R1; SMT. B. P. RADHA, A.G.A., FOR R3 AND R4; SRI SAGAR B. B., ADVOCATE FOR R-5; NOTICE TO R-2 IS DISPENSED WITH VIDE ORDER DATED 22/08/2025) THIS REVIEW PETITION IS FILED UNDER SECTION 114 READ WITH ORDER 47 RULE 1 OF C.P.C., PRAYING TO CALL FOR THE RECORDS IN W.P. NO.14533/2008 (LR) ON THE FILE OF THIS HON’BLE COURT AND REVIEW THE ORDER DATED 31/05/2022 MADE IN W.P.NO.14533/2008 (LR), DISMISSING THE SAME, PASSED BY THIS HON’BLE COURT. - 3 - HC-KAR NC: 2025:KHC:38413 RP No. 863 of 2022 C/W RP No. 859 of 2022 RP No. 492 of 2023 AND 1 OTHER IN RP NO.859/2022 BETWEEN: SRI SHIVASHANKAR S/O NANJUNDAPPA AGED ABOUT 55 YEARS R/AT THINDLU VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK -5625125 BANGALORE URBAN DISTRICT ...PETITIONER (BY SRI S. P. KULKARNI, SR. ADVOCATE FOR; SRI VASANTH KUMAR K. M., ADVOCATE) AND: 1. T. R. GOPALAIAH S/O. RAMAIAH AGED ABOUT 75 YEARS R/AT THINDLU VILLAGE SARJAPURA HOBLI ANEKAL TALUK-5625125 BENGALURU URBAN DISTRICT 2. T. S. SHIVANNA S/O. CHIKKABASAPPA AGED ABOUT 72 YEARS R/AT THINDLU VILLAGE SARJAPURA HOBLI ANEKAL TALUK-5625125 BENGALURU URBAN DISTRICT 3. THE TAHSILDAR ANEKAL TALUK ANEKAL-5625125 BENGALURU URBAN DISTRICT 4. THE LAND TRIBUNAL ANEKAL TALUK, ANEKAL REP. BY ITS SECRETARY ...RESPONDENTS (BY SRI. MITHUN G A., ADVOCATE FOR R1) - 4 - HC-KAR NC: 2025:KHC:38413 RP No. 863 of 2022 C/W RP No. 859 of 2022 RP No. 492 of 2023 AND 1 OTHER SMT. B. P. RADHA, A.G.A., FOR R3 AND R4; SRI SAGAR B. B., ADVOCATE FOR R2) THE REVIEW PETITION IS FILED UNDER SECTION 114 AND ORDER 47 RULE 1 R/W SECTION 151 OF CPC, PRAYING THIS HONBLE COURT MAY BE PLEASED TO CALL FOR THE RECORDS IN W.P.NO. 21538/2010 (LR) ON THE FILE OF THIS HONBLE COURT OF THIS HONBLE COURT AND REVIEW THE ORDER DTD 31.05.2022 MADE IN W.P.NO.21538/2010(LR), DISMISSING THE SAME, PASSED BY THIS HONBLE COURT AND ETC. IN RP NO. 492/2023 BETWEEN: SRI T. S. SHIVANNA S/O. CHIKKABASAPPA AGED ABOUT 73 YEARS R/AT THINDLU VILLAGE SARJAPURA HOBLI ANEKAL TALUK BENGALURU URBAN DISTRICT- 562106 ...PETITIONER (BY SRI SAGAR B. B., ADVOCATE) AND: 1. SRI T GOPALAIAH S/O RAMAIAH , AGED ABOUT 87 YEARS R/AT THINDLU VILLAGE SARJAPURA HOBLI, ANEKAL TALUK , BANGALORE URBAN DISTRICT-562106. 2. SRI SHIVASHANKAR S/O NANJUNDAPPA, - 5 - HC-KAR NC: 2025:KHC:38413 RP No. 863 of 2022 C/W RP No. 859 of 2022 RP No. 492 of 2023 AND 1 OTHER AGED ABOUT 67 YEARS R/AT THINDLU VILLAGE SARJAPURA HOBLI, ANEKAL TALUK , BANGALORE URBAN DISTRICT-562106. 3. SRI VEERABHADRAIAH S/O NANJUNDAPPA, AGED ABOUT 65 YEARS R/AT THINDLU VILLAGE SARJAPURA HOBLI , ANEKAL TALUK , BANGALORE URBAN DISTRICT–562106 4. THE THASILDAR ANEKAL TALUK, ANEKAL-562106 5. THE SPECIAL DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT K. G ROAD, BANGALORE- 560009. ...RESPONDENTS (BY SRI. MITHUN G A., ADVOCATE FOR R1) SMT. B. P. RADHA, AGA., FOR R4 AND R5; SRI S. P. KULKARNI, SR. COUNSEL FOR; SRI VASANTH KUMAR K. M., ADVOCATE FOR R2 & R3) THE REVIEW PETITION UNDER ORDER 47 RULE 1 OF THE CPC, 1908, PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO REVIEW THE ORDER DATED 31.05.2022 PASSED IN W.P. NO. 14533/2008 (LR) AND CONSEQUENTLY ALLOW THE WRIT PETITION AS PRAYED FOR IN THE INTEREST OF JUSTICE AND EQUITY AND PASS SUCH OTHER ORDERS AS THIS HONBLE COURT MAY DEEM FIT IN VIEW OF THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. - 6 - HC-KAR NC: 2025:KHC:38413 RP No. 863 of 2022 C/W RP No. 859 of 2022 RP No. 492 of 2023 AND 1 OTHER IN RP NO. 493/2023 BETWEEN: SRI T. S. SHIVANNA S/O SIDDABASAPPA AGED ABOUT 73 YEARS R/AT THINDLU VILLAGE SARJAPURA HOBLI ANEKAL TALUK BENGALURU RURAL DISTRICT-562 106 ...PETITIONER (BY SRI. SAGAR B B., ADVOCATE) AND: 1. SRI T.R. GOPALAIAH S/O. RAMAIAH AGED ABOUT 87 YEARS R/AT THINDLU VILLAGE SARJAPURA HOBLI ANEKAL TALUK BENGALURU RURAL DISTRICT-562 106 2. SRI SHIVASHANKAR S/O. NANJUNDAPPA AGED ABOUT 67 YEARS R/AT THINDLU VILLAGE SARJAPURA HOBLI ANEKAL TALUK BENGALURU RURAL DISTRICT-562 106 3. THE THASILDAR ANEKAL TALUK ANEKAL-562 106 4. LAND TRIBUNAL ANEKAL TALUK ANEKAL-562 106 REP. BY ITS SECRETARY ...RESPONDENTS (BY SRI. MITHUN G A., ADVOCATE FOR R1) SMT. B. P. RADHA, AGA., FOR R4 AND R5; - 7 - HC-KAR NC: 2025:KHC:38413 RP No. 863 of 2022 C/W RP No. 859 of 2022 RP No. 492 of 2023 AND 1 OTHER SRI S. P. KULKARNI, SR. COUNSEL FOR; SRI VASANTH KUMAR K. M., ADVOCATE FOR R2 & R3) THE REVIEW PETITION UNDER ORDER 47 RULE 1 OF THE CPC, 1908, PRAYING TO1 REVIEW THE ORDER DATED 31.05.2022 PASSED IN W.P. NO. 21538/2010 (LR) AND CONSEQUENTLY DISMISS THE WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY AND PASS SUCH OTHER ORDERS AS THIS HONBLE COURT MAY DEEM FIT IN VIEW OF THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER These review petitions have been filed seeking to review the order dated 31.05.2022 in W.P.Nos.21538/2010 and 14533/2008. 2. Learned Senior Counsel Sri S.P.Kulkarni, appearing for the review petitioners submits that W.P.No.14533/2008 was filed earlier by the review petitioners herein calling in question the order dated 25.02.2008 passed by the Special Deputy Commissioner, - 8 - HC-KAR NC: 2025:KHC:38413 RP No. 863 of 2022 C/W RP No. 859 of 2022 RP No. 492 of 2023 AND 1 OTHER Inams Abolition, conferring Occupancy Rights in favour of Sri T.R.Gopalaiah. When the said writ petition was pending consideration, Sri T.R.Gopalaih filed W.P.No.21538/2010 calling in question the order dated 24.09.1994 in LRF.INSM(N) 21, 22/1991-92, after lapse of nearly 16 years after the orders were passed. 3. Learned Senior Counsel submits that this Court considered the fact that Sri T.S.Shivanna had earlier filed an application in LRF/INM.521/1981-82 and the same was rejected by the then Land Tribunal on 14.07.1982, therefore held that subsequently, a second application could not have been filed at the hands of Sri T.S.Shivanna along with Sri Shivashankar. Learned Senior Counsel submits that this Court has not discussed the issue as to whether an application filed earlier by Sri T.S.Shivanna would bar Sri Shivashankar from filing an application subsequently. This itself is sufficient to review the order and recall the order to enable the parties to address their arguments on all issues, including the fact that though Sri - 9 - HC-KAR NC: 2025:KHC:38413 RP No. 863 of 2022 C/W RP No. 859 of 2022 RP No. 492 of 2023 AND 1 OTHER T.R.Gopalaiah was aware of the fact that in the year 1991, occupancy rights were conferred in favour of Sri T.S.Shivanna and Sri Shivashankar, they remained quiet without raising a challenge to the said order and it is only after writ petition was filed by them questioning the orders passed in favour of Sri T.R. Gopalaiah, that a subsequent writ petition was filed in the year 2010 raising a challenge to the orders passed in the year 1994. All these aspects have not been considered by this Court and therefore, the matter requires reconsideration. 4. Learned Counsel for the respondent viz., Sri T.R.Gopalaiah, submits that this Court has taken into consideration the fact that Sri T.S.Shivanna never denied that his application filed earlier was rejected in the year 1982. This Court therefore came to a conclusion that Sri T.S.Shivanna along with Sri Shivashankar could not have maintained a second application. 5. In the considered opinion of this Court, there are several other issues that require consideration, having - 10 - HC-KAR NC: 2025:KHC:38413 RP No. 863 of 2022 C/W RP No. 859 of 2022 RP No. 492 of 2023 AND 1 OTHER regard to the fact that it is now contended by the learned Counsel for the respondent that Sri T.R. Gopalaiah also filed an application in LRF ATC 100/1975-76 and the same was rejected by the Land Tribunal on 31.08.1975. No doubt, the said order passed by the Land Tribunal was set aside at the hands of this Court in W.P.No.14645/1984 which was renumbered as W.P.No.12956/1996 dated 13.10.1998, but the issue that is required to be considered is whether T.S.Shivanna had an independent claim or whether he claimed under Sri Nanjundappa, who is also the father of Sri Shivashankar. These are all issues that are to be considered at the hands of this Court. 6. In that view of the matter, this Court is of the considered opinion that the learned Senior Counsel appearing for the review petitions has made out a case that there is an error apparent on the face of the record. 7. Accordingly, the review petitions are allowed while recalling the orders dated 31.05.2022 in - 11 - HC-KAR NC: 2025:KHC:38413 RP No. 863 of 2022 C/W RP No. 859 of 2022 RP No. 492 of 2023 AND 1 OTHER W.P.No.21538/2010 and W.P.No14533/2008. The writ petitions are restored to their original file. All contentions of the parties are left open. Parties are directed to maintain status quo in respect of the revenue entries and possession till the disposal of the writ petitions. Sd/- (R DEVDAS) JUDGE JT/- CT:JL