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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 31
ST
DAY OF OCTOBER 2013

BEFORE

THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI

REVIEW PETITION NO.23 OF 2013
IN
WRIT PETITION NO.27997 OF 2012 [KLR-RES]

BETWEEN:

Sri Veeraragandham Brahmaiah
Aged about 53 years
S/o Venkateswara Rao
R/at G-001, Prestige Le
Promanade Apartment
Frazer town, Bangalore-560005.
Represented by his power of
Attorney holder Sri S.Raghuveer
Aged about 28 years
S/o G.Rangaswamy
R/at No.18, Katha No.370
Behind Sai Pooja Petrol Bunk
Alahalli Village, Anjanapura Post
J.P.Nagar 9
th
Phase
Bangalore 560 062. ... Petitioner

(BY: Sri H.S.Dwarakanath, Advocate)

AND:

1. Deputy Director of Land Records,
Office of the Deputy Commissioner,
Bangalore Urban District,
Bangalore 560 009.

2. Deputy Commissioner,
Bangalore Urban District,
Bangalore 560 009.

3. The Principal Secretary,
Department of Revenue,




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Government of Karnataka,
M.S.Building,
Bangalore 560 001.

4. M/s.New Horizon Educational &
Cultural Trust, Ring Road
Bellandur Post, Near Marathahalli,
Bangalore 560 103.
Represented by its Managing Trustee
Sri Mohan Manghnani. Respondents

(By:Smt.B.P.Radha, HCGP, for R1 to R3;
Sri Udaya Holla, Sr.Advocate for
M/s.Holla & Holla, for R4)


This Review Petition is filed under Order 47 Rule of CPC
praying to review the order dated 30.10.2012 passed in Writ
Petition No.27997/2012 (KLR-RES), on the file of the Honble
High Court of Karnataka, Bangalore.

This review petition coming on for admission this day, the
court made the following:

O R D E R

This petition is filed seeking the review of the order,
dated 30.10.2012 passed by this Court in Writ Petition
No.27997/2012 (KLR-RES). By the said order, the writ
petition was disposed off with a direction to the respondent
Nos.1 and 2 to consider the petitioners representations,
dated 6.8.2012 and 7.8.2012 (Annexures-H & J respectively)
for carrying out the pucca phodi operations on the lands in
question. The representation at Annexure-J specifies the
survey numbers of the lands as 45 to 52.





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2. Sri H.S.Dwarakanath, the learned counsel for the
review petitioner submits that the review petitioner is the
owner of the land at Sy.No.52. But the writ petitioner has
taken the order for the phodi operations on the review
petitioners land without making the latter a party to the writ
petition. He further submits that the pucca phodi operations
were concluded long ago.

3. Sri Udaya Holla, the learned Senior Counsel
appearing for M/s. Holla & Holla for the writ petitioner
(respondent No.4 in the review petition) submits that on
account of the technical defects, the phodi operations have
remained inconclusive. He further submits that subsequently
the reports/orders of phodi operations themselves are
withdrawn.

4. Admittedly, the writ petitioner is the owner of the
land at Sy.No.45. If the phoding operations on the other
lands are to be ordered, the owners of those lands are
required to be heard before disposing of the writ petition. As
the order for conducting the phodi operations is for the review
petitioners land and as he was not a party to the writ
petition, I review and recall the order, dated 30.10.2012
passed in Writ Petition No.27997/2012. The review petitioner




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is ordered to be arraigned as the respondent No.4 to the writ
petition. The petitioners side is directed to amend the cause
title suitably. The writ petition is to be heard afresh. Post
W.P.No.27997/2012 before the Bench having the roster of
KLR (RES) on 6.11.2013.

5. At this juncture, Sri H.S.Dwarakanath, the learned
counsel for the petitioner prays for a direction either to quash
or to stay all the proceedings which have taken place
pursuant to this Courts order, dated 30.10.2012. The liberty
is reserved to the review petitioner to make this prayer before
the said roster Bench. The proceedings, if any, pursuant to
this Courts order, dated 30.10.2012 are subject to the
outcome of the writ petition, which is restored to file.

6. This review petition is accordingly allowed.


Sd/-
JUDGE


VGR