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2025 DAILYLAW 67548 (KAR)

SRI. PADMANABHA. N v. STATE OF KARNATAKA

RP/585/2023 · 2025-11-07

S Sunil Dutt Yadav, Vijaykumar A Patil

Review Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45364-DB RP No. 585 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REVIEW PETITION NO. 585 OF 2023 BETWEEN: 1. SRI. PADMANABHA N AGED ABOUT 70 YEARS, S/O LATE NARASIMHA BHATTA, 2. SRI. MURALI N AGED ABOUT 58 YEARS, S/O LATE NARASIMHA BHATTA, PETITIONER NOS.1 AND 2 ARE R/AT NO.88/1, 3RD MAIN ROAD, POORNA PRAJNA LAYOUT, BANASHANKARI 3RD STAGE, BENGALURU SOUTH, BENGALURU-560 085. 3. SRI. ARUNA N AGED ABOUT 58 YEARS, S/O LATE NARASIMHA BHATTA, R/AT NO.693, 2ND CROSS, BANASHANKARI 1ST STAGE, 2ND BLOCK, BENGALURU SOUTH BENGALURU-560 050. 4. SRI. H.N. PRASAD AGED ABOUT 70 YEARS, S/O LATE NARASIMHA BHATTA Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45364-DB RP No. 585 of 2023 5. SRI. H. SURESH AGED ABOUT 63 YEARS, S/O LATE NARASIMHA BHATTA BOTH PETITIONER NOS.4 AND 5 ARE RESIDING AT SURADEVANAPURA HESARAGHATTA HOBLI, BANGALORE NORTH TALUK-560 058. …PETITIONERS (BY SRI. SAMPATH A., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIKAS SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. LAND TRIBUNAL BANGALORE NORTH TALUK BENGALURU-560 020. 3. SRI. M. BANUPRAKASH AGED ABOUT 48 YEARS, S/O LATE M. MARUTI VARAPRASAD, R/AT NO.28, SBT LAYOUT, OPP. STANDARD TILES FACTORY NEAR YELAHANKA POLICE STATION CIRCLE YELAHANKA, BENGALURU-560 064. 4. SMT. ANJANAMMA AGED ABOUT 61 YEARS, W/O LATE MUNIYAPPA 5. SRI. RAVIKUMAR S M AGED ABOUT 41 YEARS, S/O LATE MUNIYAPPA - 3 - HC-KAR NC: 2025:KHC:45364-DB RP No. 585 of 2023 6. SRI. MANJUNATHA M AGED ABOUT 39 YEARS, W/O LATE MUNIYAPPA RESPONDENT NOS.4 TO 6 ARE R/AT SURADEBAPURA VILLAGE, HESARAGHATTA HOBLI, BENGALURU NORTH (ADDITIONAL) TALUK BENGALURU DISTRICT-560 058. 7. SMT. NARAYANAMMA AGED ABOUT 53 YEARS, W/O LATE NARAYANAPPA 8. SMT. MUNIYAMMA AGED ABOUT 55 YEARS, W/O LATE KRISHNAPPA 9. SRI SAHADEV K AGED ABOUT 40 YEARS S/O LATE KRISHNAPPA SINCE DEAD BY LR'S 9(A) SMT. SHASHIKALA N W/O LATE SHADEVA K AGED MAJOR 9(B) MASTER LIKTHA S AGED ABOUT 15 YEARS D/O LATE SAHADEVA K 9(C) SPOORTHI S AGED ABOUT 13 YEARS D/O LATE SAHADEVA K 9(D) JANHAVI S AGED ABOUT 11 YEARS D/O LATE SAHADEVA K - 4 - HC-KAR NC: 2025:KHC:45364-DB RP No. 585 of 2023 ALL OF THEM ARE R/AT HARSURAHALLI, JAKKAHAHALI, BENGALURU RURAL DISTRICT-562 123. R9(B) TO R(D) ARE MINORS AND THEY ARE REPRESENTED BY THEIR MOTHER AS NATURAL GUARDIAN I.E RESPONDENT NO.9(A). 10. SRI. MUNIRAJU AGED ABOUT 38 YEARS, S/O LATE KRISHNAPPA RESPONDENT NOS.8 TO 10 ARE R/AT SURADEBAPURA VILLAGE, HESARAGHATTA HOBLI, BENGALURU NORTH (ADDITIONAL) TALUK BENGALURU DISTRICT-560 058. 11. SRI. MUNIKADARAPPA S/O LATE OODAPPA AGED ABOUT 48 YEARS, 12. SMT. CHINNERAMMA D/O LATE OODAPPA (DEAD) AGED ABOUT 78 YEARS, 13. SRI. MUNIYAMMA D/O LATE OODAPPA AGED ABOUT 51 YEARS, RESPONDENTS NO.7, 11 TO 13 ARE R/AT SURADHENAPURA , HESARAGHATTA HOBLI, BANGALORE NORTH TALUK BENGALURU-560 058. …RESPONDENTS (BY SRI. SPOORTHI HEGDE, HCGP FOR R1 AND R2; - 5 - HC-KAR NC: 2025:KHC:45364-DB RP No. 585 of 2023 SRI. SOURABH R.K., ADVOCATE FOR R3; R4 TO R7 ARE SERVED AND UNREPRESENTED; R8 DECEASED - R10 ARE TREATED AS LRS OF R8; R9(A) IS SERVED AND UNREPRESENTED; R9(B) TO (D) ARE MINORS, REPRESENTED BY R9(A) R12 DECEASED - R4 - R6 - R11 ARE LRS OF DECEASED R12; R10, R11 TO R13 ARE SERVED AND UNREPRESENTED) THIS REVIEW PETITION IS UNDER SECTION 114 READ WITH XLVII RULE 1 OF THE CPC, PRAYING TO CALL FOR RECORDS IN WA NO.28/2015 DISPOSED OFF BY THIS HON'BLE COURT BY ORDER DATED 11.09.2023 AND REVIEW THE ORDER DATED 11.09.2023 PASSED IN WA NO.28/2015 PASSED BY THIS HON'BLE COURT AND CONSEQUENTLY REHEAR THE SAME VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV AND HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This Review Petition is filed seeking to review the order dated 11.09.2023 passed in Writ Appeal No.28/2015. 2. Heard arguments of both sides and perused the material on record. - 6 - HC-KAR NC: 2025:KHC:45364-DB RP No. 585 of 2023 3. Sri Sampath. A, learned counsel appearing for the review petitioner submits that there is an error apparent on the face of the record in the order under review, as the Division Bench has failed to consider the fact that in the Writ Petition, i.e. W.P.No.43786/2011 filed by Sri M. Bhanuprakash-respondent No.3 in the Review Petition herein, was not having locus standi to file the Writ Petition and the said aspect has not been considered by the learned Single Judge and also by the Division Bench in the order under review. 4. We have perused the various orders passed by this Court between the parties. 5. The primary contention of review petitioners is that the respondent No.3 - Sri M. Bhanuprakash has purchased the property after rejection of application filed by the tenants under Form-7 and the said rejection has attained finality and until the grant is made in favour of the tenants, the property could not have been sold. - 7 - HC-KAR NC: 2025:KHC:45364-DB RP No. 585 of 2023 Hence, seeks for review of the order dated 11.09.2023 passed in Writ Appeal No.28/2015. 6. Learned counsel appearing for the respondents supports the order under review and submits that the order of learned Single Judge is only with regard to remand and the Tribunal is required to re-consider the matter on merits which has been affirmed by the Division Bench in the order under review and hence, seeks for dismissal of the Review Petition. 7. We have noticed that there are number of orders passed by this Court between the parties. Taking note of the said orders, the learned Single Judge has felt that there is non-compliance of Rule 17 of the Karnataka Land Reforms Rules, 1974, the matter was remitted back to the Tribunal to re-consider the same. The order of the learned Single Judge has been affirmed by the Division Bench. The contention with regard to locus standi of - 8 - HC-KAR NC: 2025:KHC:45364-DB RP No. 585 of 2023 respondent No.3 - Sri M. Bhanuprakash is not dealt with by the learned Single Judge as well as the Division Bench. 8. In our considered view, the said contention can always be raised before the Tribunal and the Tribunal would consider the same in accordance with law. All contentions are kept open. With the aforesaid observations, the Review Petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE VGR List No.: 1 Sl No.: 3