- 1 - HC-KAR NC: 2025:KHC:49063 RP No. 498 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K REVIEW PETITION NO. 498 OF 2023 BETWEEN: ESHWARAPPA G S/O LATE GIRITHIMMAPPA, AGED ABOUT 67 YEARS, KANCHIKOPPA VILLAGE, DAVANAGERE DISTRICT-577522. …PETITIONER (BY SRI. CHAMARAJ M., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER, DAVANAGERE DISTRICT-577522. 2. THE ASSISTANT COMMISSIONER OFFICE OF THE ASSISTANT COMMISSIONER, DAVANAGERE DISTRICT-577522. 3. THE DEPUTY THASILDAR OFFICE OF NADAKACHERI, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49063 RP No. 498 of 2023 NYAMTHI HOBLI, HONNALI TALUK, DAVANAGERE DISTRICT-577522. 4. SMT. GOWRAMMA W/O. LATE MAHADEVAPPA, AGED NOT KNOWN, KANCHIKOPPA VILLAGE, HONNALI TALUK, DAVANAGERE DISTRICT-577522. 5. SHEKARAPPA S/O BASAPPA, AGED NOT KNOWN, MALLIGENAHALLI VILLAGE, HONNALI TALUK, DAVANAGERE DISTRICT-577522. …RESPONDENTS (BY SRI. NEELAKANTAPPA K. PUJAR, ADVOCATE FOR R1 TO R3; NOTICE TO R4 AND R5 ARE DISPENSED WITH) THIS REVIEW PETITION IS UNDER ORDER 47 RULE 1 CPC R/W SECTION 114 OF CPC, PRAYING TO REVIEW THE ORDER DATED 10.11.2022 PASSED IN W.P.NO.21304/2016 (LR), BY THIS HONBLE COURT, VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:49063 RP No. 498 of 2023 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER This review petition has been filed to review the order dated 10.11.2022 passed in W.P.No.21304/2019(LR) by the Co-ordinate Bench of this Court as per Annexure-'A'. 2. The grievance of the review petitioner is that the Co-ordinate Bench of this Court has allowed the writ petition by relying on the order in W.P.No.21906/2022 between Sri Ramaiah vs. The State of Karnataka and Others. However, the petitioner filed the writ petition challenging the order dated 15.12.2003 in RA.No.11/2002-2003 passed by respondent No.1 and order dated 27.03.2002 in RA.No.54/01-02 passed by respondent No.2 in respect of cancellation of grant made in favour of him with respect to the land bearing Sy.No.254/1 measuring 1 acre 18 guntas situated at Belagutthi Village, Honnali Taluk, Davangere District vide order dated 08.11.1971 in No.SR.2467/71-72 on the reason that the said grant was made against Rule 79B of the Karnataka Land Reforms Act. However, while allowing the writ petition, the Co-ordinate Bench has relied the order in W.P.No.21906/2022, wherein in - 4 - HC-KAR NC: 2025:KHC:49063 RP No. 498 of 2023 the said writ petition, the challenge is only in respect of conducting phodi and durasthi. As such, the learned Single Judge inadvertently relied the said order to dispose of the writ petition by allowing the same. Hence, he prays to allow the review petition. 3. Learned HCGP also submits that the Co-ordinate Bench of this Court has inadvertently relied on the order in W.P.No.21906/2022 and passed the order in W.P.No.21304/2016. 4. I have heard the learned counsel for the review petitioner and learned HCGP for the respondents, so also perused the documents made available before me. 5. I have perused the order dated 10.11.2022 at Annexure-'A' and it could be seen that inadvertently the Co- ordinate Bench has relied the order of W.P.No.21906/2022 in the above writ petition and passed an order, though the facts and circumstances of the W.P.No.21304/2016 totally differs to that of the order passed in W.P.No.21906/2022. Accordingly, I proceed to pass the following: - 5 - HC-KAR NC: 2025:KHC:49063 RP No. 498 of 2023 6. The review petition is allowed. W.P.No.21304/2016 is restored to its original file. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 9