Case Note & Summary
The review petitions were filed by M/s Vivekananda Foundation (R), claiming to be the allottee of a portion of land in Sy.Nos.81 and 82 of Kasaba Hobli, Mysore Taluk. The land originally belonged to the writ petitioner in WP Nos.54609-54610/2014(ULC). The petitioner's family held 8 acres 29 guntas of land in these survey numbers, which fell within the urban area of Mysuru and thus attracted the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (ULC Act). In proceedings initiated by the ULC authorities, the petitioner's right to the land was restricted to 6000 square metres, and the remaining land was required to be surrendered to the State. This matter was the subject of several rounds of litigation. Ultimately, in WP Nos.54609-54610/2014(ULC), the order dated 5.2.2014 passed by the Deputy Commissioner, Mysuru, was challenged. The High Court disposed of the writ petitions on 17/06/2016. The present review petitions were filed under Section 114 and Order 47 Rule 1 of the Code of Civil Procedure, 1908 (CPC), seeking review of that order. The Court examined the review petitions and found no error apparent on the face of the record. The Court reiterated that the scope of review is limited to correcting mistakes or errors apparent on the face of the record and cannot be used as an appeal. Consequently, the review petitions were dismissed.
Headnote
A) Civil Procedure - Review - Order 47 Rule 1 CPC - Error Apparent on Record - The review petitioner sought review of an order passed in a writ petition under the Urban Land (Ceiling and Regulation) Act, 1976, contending that the order suffered from errors apparent on the face of the record. The Court held that the scope of review is limited to correcting mistakes or errors apparent on the face of the record and cannot be used as an appeal. The review petitions were dismissed as no such error was found. (Paras 1-4)
B) Urban Land Ceiling - Surrender of Excess Land - Urban Land (Ceiling and Regulation) Act, 1976 - The writ petitioner's family held 8 acres 29 guntas of land in Sy.Nos.81 and 82 of Kasaba Hobli, Mysore Taluk, which attracted the ULC Act. The ULC authorities restricted the petitioner's right to 6000 square metres and required the remaining land to be surrendered to the State. The matter was subject to several rounds of litigation, culminating in the order dated 17/06/2016 in WP Nos.54609-54610/2014(ULC). (Paras 2-3)
Issue of Consideration
Whether the review petitions disclose any error apparent on the face of the record warranting review of the order dated 17/06/2016 passed in WP Nos.54609-54610/2014(ULC).
Final Decision
The review petitions are dismissed as no error apparent on the face of the record is found.
Law Points
- Review jurisdiction under Order 47 Rule 1 CPC
- Error apparent on the face of the record
- Scope of review limited to correction of mistakes
- Not a rehearing of the case
Case Details
2019 LawText (KAR) (02) 17
Review Petition Nos.255/2018 & 56/2019 in WP Nos.54609-54610/2014(ULC)
M/s Vivekananda Foundation (R)
State of Karnataka, Principal Secretary to Government Urban Development, Deputy Commissioner Mysore District, L. M. Manoj Kumar
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Nature of Litigation
Review petitions under Section 114 and Order 47 Rule 1 CPC seeking review of an order dated 17/06/2016 passed in WP Nos.54609-54610/2014(ULC).
Remedy Sought
Review of the order dated 17/06/2016 in WP Nos.54609-54610/2014(ULC).
Filing Reason
The review petitioner claimed to be the allottee of a portion of land in Sy.Nos.81 and 82 of Kasaba Hobli, Mysore Taluk, and sought review of the order passed in the writ petitions.
Previous Decisions
The writ petitions WP Nos.54609-54610/2014(ULC) were disposed of on 17/06/2016. The order dated 5.2.2014 passed by the Deputy Commissioner, Mysuru was the subject matter of those writ petitions.
Issues
Whether the review petitions disclose any error apparent on the face of the record warranting review of the order dated 17/06/2016 passed in WP Nos.54609-54610/2014(ULC).
Submissions/Arguments
The review petitioner contended that the order dated 17/06/2016 suffered from errors apparent on the face of the record.
Ratio Decidendi
The scope of review under Order 47 Rule 1 CPC is limited to correcting mistakes or errors apparent on the face of the record and cannot be used as an appeal. No such error was found in the present case.
Judgment Excerpts
These review petitions are filed by M/s. Vivekananda Foundation (R), who is said to be the allottee of a portion of land in Sy.Nos.81 and 82 of Kasaba Hobli, Mysore Taluk.
The records would indicate that the writ petitioner’s family held 8 acres 29 guntas of land in the aforesaid two survey numbers which had come within the urban area of Mysuru, hence, attracted the provisions of the Urban Land (Ceiling and Regulation) Act, 1976.
Accordingly, in a proceedings initiated by the ULC authorities, the right of the petitioner to said land was restricted to 6000 square metres and remaining land was required to be surrendered to the State.
The said proceedings was subject matter of several rounds of litigations.
Procedural History
The writ petitioner's family held land in Sy.Nos.81 and 82 of Kasaba Hobli, Mysore Taluk, which attracted the ULC Act. The ULC authorities restricted the petitioner's right to 6000 square metres and required surrender of the remaining land. This was challenged in several rounds of litigation. Ultimately, WP Nos.54609-54610/2014(ULC) were filed challenging the order dated 5.2.2014 passed by the Deputy Commissioner, Mysuru. The High Court disposed of the writ petitions on 17/06/2016. The present review petitions were filed under Section 114 and Order 47 Rule 1 CPC seeking review of that order.
Acts & Sections
- Code of Civil Procedure, 1908: Section 114, Order 47 Rule 1
- Urban Land (Ceiling and Regulation) Act, 1976:
