Karnataka High Court
The State Of Karnataka vs M/S Abimani Publications Limited on 31 May, 2019
Bench: Ravi Malimath, John Michael Cunha
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ON THE 31ST DAY OF MAY, 2019
BEFORE
THE HON'BLE MR. JUSTICE RAVI MALIMATH
AND
THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA
REVIEW PETITION NO.138 OF 2017
AND
REVIEW PETITION NO.16 OF 2018
IN
WRIT PETITION NOS.51325-51326 OF 2015 (GM-MMS)
BETWEEN:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS ADDITIONAL
CHIEF SECRETARY,
DEPARTMENT OF COMMERCE AND INDUSTRIES,
VIKASA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU-560 001.
2. THE DEPUTY DIRECTOR
OFFICE OF THE DEPUTY DIRECTOR,
DEPARTMENT OF MINES AND GEOLOGY,
GANDHINAGAR,
TUMAKURU-572 102.
3. THE JOINT DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY,
2
11TH MAIN, SARASWATHIPURAM,
MYSURU-570 008.
... PETITIONERS
(BY: GOVERNMENT ADVOCATE (ABSENT))
AND:
1. M/S. ABIMANI PUBLICATIONS LIMITED
NO.2/4, DR. RAJKUMAR ROAD,
RAJAJINAGAR,
BENGALURU-560 010,
REPRESENTED BY ITS MANAGING DIRECTOR,
SRI T. VENKATESH.
2. GANESH STONE CRUSHERS
SURVEY NO.17, PULLASANDRA VILLAGE,
TUMAKURU TALUK,
TUMAKURU DISTRICT-572 101,
REPRESENTED BY ITS PARTNER,
MR. JAGADISH CHOWDHARY.
... RESPONDENTS
THESE REVIEW PETITIONS ARE FILED UNDER
ORDER XLVII RULE 1 OF CPC, 1908 READ WITH ARTICLE
226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO
REVIEW AND RECALL THE JUDGMENT DATED JANUARY
22ND OF 2016 IN WRIT PETITION NOS.51325-51326 OF
2015 (GM-MMS), AND DISMISS THE WRIT PETITION
NOS.51325-51326 OF 2015 (GM-MMS); AFFIRM THE
ORDERS PASSED BY THE SECOND AND THIRD
PETITIONER AND DECLARE THAT THE SAID AREA IS A
FOREST AREA AND ETC.
*****
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THESE REVIEW PETITIONS COMING ON FOR
HEARING ON INTERLOCUTORY APPLICATION THIS DAY,
RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER
By the order dated 11.01.2019, the review petition was dismissed on the ground that there was no representation on behalf of the petitioners and that the counsel had not brought the file to the Court.
2. Thereafter, I.A.No.1 of 2019 was filed by the petitioners for recalling the order of dismissal. Based on the application by an order dated 05.04.2019, the order dated 11.01.2019 was recalled on payment of cost.
3. Today when the matter was called neither the Government Advocate is present nor any representation is made. Hence, the order 05.04.2019 is recalled. The earlier order dated 11.01.2019, dismissing the review petitions is restored. The review petitions stands dismissed. 4
4. In view of continued absence of the Government Advocate, Registry is directed to send a copy of this order to the Additional Chief Secretary, for necessary action.
Sd/- Sd/-
JUDGE JUDGE
JJ