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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
E.S.INDIRESH
Poornima K W/o D.T. Srinivas – Appellant
Versus
State of Karnataka Department Of Home – Respondent
| Table of Content |
|---|
| 1. background facts regarding land ownership disputes. (Para 1 , 2 , 3 , 4) |
| 2. petitioner's arguments on procedural errors and possession. (Para 6) |
| 3. respondents' defense about the legality of the claim. (Para 8 , 9 , 10 , 11) |
| 4. court's analysis on the applicable legal principles regarding fraud and possession. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 5. order to allow review of the previous court ruling. (Para 21) |
ORDER :
E.S. Indiresh, J.
1. In this Writ Petition, petitioner is assailing the Order dated 12.01.2021 in W.P.No.569/2021 (Annexure-R) passed by this Court and sought for review of the Order dated 12.01.2021 passed in the above petition.
2. The relevant facts for adjudication of this Writ Petition are that, one Akkayyamma (Akkamma) wife of Anjanappa has been registered as an occupant under Section 9 of Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954 (hereinafter referred to as 'the Inams Act'), in respect of the agricultural land bearing Sy.No.42 of Pattandur Village, K.R. Puram Hobli, Bangalore, in case No.35/1959-60 (Annexure-A). In this regard, endorsement dated 21.02.1963 has been issued by the competent authority as per Annexure-B. T
The court emphasized the necessity of adhering to principles of natural justice, ruling that all parties must be included in property disputes to ensure fair adjudication.
A review petition is maintainable where there is fraud, suppression of material facts and developments involving the same land and that too when the property already became a property of the State.
The acquisition proceedings under the Right to Fair Compensation Act lapsed due to non-payment of compensation and failure to take possession, rendering subsequent notifications void and constituting....
Fraud vitiates every solemn act – Fraud and justice never dwell together and it cannot be perpetuated or saved by application of any equitable doctrine.
Parties invoking extraordinary jurisdiction must disclose all relevant facts; suppression of material facts constitutes an abuse of process and may lead to dismissal of the petition.
Fraud vitiates all judicial acts; claims of land ownership based on fraudulent documents cannot establish valid title.
The State Government does not have the power to review its own orders unless such power is specifically conferred by statute. The State Government cannot exercise its power of review after a long del....
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