Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:42052-DB RP No. 60 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
REVIEW PETITION NO. 60 OF 2023
BETWEEN:
1.
SRI. MANJUNATH S/O C VENKATAPPA AGED 37 YEARS
2.
SMT PARVATHAMMA W/O LATE NARAYANAPPA AGED 60 YEARS
3.
C VENKATAPPA S/O LATE CHINNAPPAIAH ALIAS CHINNAPPAIAH BHOVI AGED 64 YEARS
4.
SRI. VENKATAREDDY S/O LATE CHINNAPPAIAH ALIAS CHINNAPPAIAH BHOVI AGED 62 YEARS SRINIVASAPURA TALUK
5.
SRI SRIRAMAPPA S/O LATE CHINNAPPAIAH ALIAS CHINNAPPAIH BHOVI
Digitally signed by K G RENUKAMBA Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:42052-DB RP No. 60 of 2023
AGED 59 YEARS ALL ARE R/AT J.V COLONY VILLAGE KASABA HOBLI, J THIMMASANDRA POST SRINIVASAPURA TALUK KOLAR DISTRICT - 563135 …PETITIONERS (BY SRI. CHAITANYA V. JOSHI, ADVOCATE)
AND:
1.
SRI. N.VENKATAREDDY S/O LATE NARAYANAPPA AGED 74 YEARS R/AT AARIKUNTE VILLAGE RONURU HOBLI SRINIVASAPURA TALUK KOLAR DISTRICT - 563 135
2.
THE DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR - 563 101
3.
THE ASSISTANT COMMISSIONER KOLAR SUB-DVN.
KOLAR –563 101
4.
THE TAHSILDAR SRINIVASAPURA TALUKA KOLAR DISTRICT-569 101 …RESPONDENTS
THIS REVIEW PETITION IS FILED UNDER ORDER XLVII Rule 1 R/W SECTION 114 OF CPC PRAYING TO A. MAY BE PLEASED TO PRESENT THE REVIEW PETITION SEEKING THE REVIEW OF THE ORDER DATED 25.08.2022 IN W.A NO.
358/2022, PASSED BY THIS HONBLE COURT. B. TO PASS SUCH OTHER ORDERS AS THIS HONBLE COURT DEEMS FIT.
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HC-KAR NC: 2025:KHC:42052-DB RP No. 60 of 2023
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI AND HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER (PER: HON'BLE MR. JUSTICE JAYANT BANERJI)
The learned counsel for the review petitioner appears online and at the outset has sought an adjournment.
2. This is a special Bench constituted to consider several review petitions that have been filed. Two Benches have been broken to constitute this special Bench and as such the request for adjournment only for the purpose of seeking instructions, is declined.
3. It appears that an application under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 19781, was filed, which was allotted by the Assistant Commissioner by an order of
19.01.1979. The appeal preferred against the said order was
1 PTCL Act
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HC-KAR NC: 2025:KHC:42052-DB RP No. 60 of 2023
dismissed on 31.08.2021. The challenge to the aforesaid orders before a learned Judge of this Court was successful and the petition was allowed by an order dated 17.01.2022. The intra-court writ appeal filed against the order of the learned Judge dated 17.01.2022 was dismissed by means of the order sought to be reviewed.
4. A perusal of the order under review reflects that for the purpose of dismissal of the writ appeal, the Bench has relied upon a judgment of the Supreme Court in Nekkanti Rama Lakshmi Vs. State of Karnataka2 has been relied upon, in which it was held that, even though no time limit is prescribed for initiation of action under the Act, yet the same has to be initiated within a reasonable time.
5. The application under Section 5 of the aforesaid Act was admittedly filed after a delay of 17 years. That being the case, it has not been demonstrated before this Court that the aforesaid judgment is inapplicable to the facts of the case. In our considered opinion, there is no error apparent on the face
2 2017 SCC Online SC 1862
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HC-KAR NC: 2025:KHC:42052-DB RP No. 60 of 2023
of the record to merit interference. This review petition is therefore, dismissed.
Sd/- (JAYANT BANERJI) JUDGE
Sd/- (S VISHWAJITH SHETTY) JUDGE
KGR List No.: 1 Sl No.: 2