Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:8158-DB R.P. No.100162/2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL REVIEW PETITION NO.100162/2024
BETWEEN:
STATE OF KARNATAKA BY UNDER SECRETARY DEPARTMENT OF URBAN DEVELOPMENT M.S. BUILDING, AMBEDKAR VEEDHI BENGALURU-560001. …PETITIONER (BY SRI. ASHOK T. KATTIMANI, AGA)
AND:
1.
THE COMMISSIONER CITY CORPORATION BELAGAVI SUBHASH NAGAGR BELAGAVI, DIST BELAGAVI-590001.
2. NARAYANA S/O HARISHCHANDRA PAI AGED 44 YEARS OCC: BUSINESS R/O 229, RANADE ROAD TILAKWADI, BELAGAVI DIST BELAGAVI-590006. …RESPONDENTS (BY SRI. CHETAN MUNNOLI, ADV., FOR R1)
Digitally signed by RUPA V Location: High Court of karnataka
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HC-KAR NC: 2025:KHC-D:8158-DB R.P. No.100162/2024
THIS REVIEW PETITION IS FILED UNDER ORDER XXXXVII RULE I READ WITH SECTION 151 OF CPC, PRAYING TO ALLOW THE REVIEW PETITION AND RE-CONSIDER THE WRIT APPEAL NO.100639/2023 DECLARING THE IMPUGNED RESOLUTION DATED 20/12/2023, AS BAD, ACCORDINGLY ALLOW THE WRIT APPEAL. CONSIDER THE WRIT APPEAL NO.100639/2023 (LB- RES) PROVIDING A OPPORTUNITY TO THE ABOVE PETITIONER TO PRODUCE THE MATERIALS ON RECORD AND DEFEND THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)
This review petition is filed seeking review of the
judgment dated 20.12.2023 passed in W.A.No.100639/2023.
2. During the pendency of this review petition, the respondent No.1 executed a registered sale deed in favour of the respondent No.2 pursuant to the permission of the review petitioner.
3.
Learned counsel for the respondent No.1- Corporation filed a memo to the aforesaid effect along with the Government Order. The said memo reads as under:
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HC-KAR NC: 2025:KHC-D:8158-DB R.P. No.100162/2024
"1. The Petitioner has filed the present petition seeking review of the Judgment & Final Order dated 20.12.2023 passed in WA No.100639/2023.
2. It is submitted that, the Learned Single Judge by
Order dated 25.07.2023 in WP No.101438/2021 allowed the writ petition directing the City Corporation, Belagavi to execute deed of conveyance with regard to CTS No.229 situated at Ranade Road, Tilakawadi, Belagavi, measuring to an extent of 3150 Sq. Ft., in favour of the Complainant after obtaining necessary sanction from the Government. The same shall be completed i.e., registration of sale deed including the sanction from the Government within a period of three months from the date of receipt of copy of the order.
3. Feeling aggrieved by the same, the City Corporation, Belagavi preferred WA No.100639/2023. The Division Bench was pleased to dismiss the appeal by Order dated 20.12.2023. While dismissing the appeal, this Hon'ble Court was pleased to direct the City Corporation, Belagavi to implement the Order of the Learned Single Judge within a period of three months from the date of receipt of copy of the order passed in writ appeal.
4. The City Corporation, Belagavi had approached the Hon'ble Apex Court in Special Leave Petition (Civil) Diary No.47376/2024 on 13.10.2024, challenging the
Order passed in WP No.101438/2021 & WA No.100639/2023. The said petition came to be dismissed by Order dated 09.12.2024.
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HC-KAR NC: 2025:KHC-D:8158-DB R.P. No.100162/2024
5. In the meanwhile, Petitioner in Writ Petition - Narayan Pai had initiated contempt proceedings alleging non-compliance of the Order dated 25.07.2023 passed by the Learned Single Judge in WP No.101438/2021 confirmed in Order dated 20.12.2023 passed in WA No.100639/2023.
6. It is further submitted that, during pendency of the contempt proceedings, the State Government by
Order dated 29.03.2025 granted permission under Section 176(6)(b)(iii) of the Karnataka Municipal Corporation Act, 1976 to the City Corporation, Belagavi to execute the Sale Deed in favour of the Respondent No.2 herein. True Copy of Order dated 29.03.2025 is enclosed herewith for kind perusal. Thereafter, in compliance with the Order dated 25.07.2023 passed by the Learned Single Judge in WP No.101438/2021, the City Corporation, Belagavi has executed Sale Deed in favour of Complainant in respect of property bearing CTS site No.229 situated at Ranade Road, Tilakawadi, Belagavi, measuring to an extent of 3150 sq.feet. Hence, this memo."
4. In view of the aforesaid memo, no orders need to be passed in the present review petition.
5. Accordingly, the review petition is disposed of.
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HC-KAR NC: 2025:KHC-D:8158-DB R.P. No.100162/2024
6. In view of the disposal of the review petition, all pending applications are closed.
Sd/- (S.SUNIL DUTT YADAV) JUDGE
Sd/- (VIJAYKUMAR A.PATIL) JUDGE
RV List No.: 19 Sl No.: 1