Case Note & Summary
The case arises from a review petition filed against the order dated 17.06.2013 in Writ Petition No.7988/2002. The original writ petition involved a dispute over land granted to a person belonging to Scheduled Caste/Scheduled Tribe under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978. The petitioners in the review petition were the legal representatives of the original petitioner Kalappa (deceased) and others. They sought review of the order which had upheld the validity of the land grant. The review petitioners contended that there was an error apparent on the face of the record and that certain aspects were not considered. The court examined the grounds raised and found that the review petitioners merely re-agitated the same issues that were already considered and decided in the main writ petition. The court noted that the scope of review is limited to correcting errors apparent on the face of the record and does not permit re-hearing of the matter on merits. Since the review petitioners failed to point out any such error, the review petition was dismissed. The court held that no case for review was made out under Order 47 Rule 1 of the Code of Civil Procedure, 1908.
Headnote
A) Civil Procedure - Review - Error Apparent on Record - Order 47 Rule 1 CPC - The court considered whether the review petitioner had made out a case for review by demonstrating an error apparent on the face of the record. Held that the review petitioner failed to point out any such error, and the grounds raised were already considered in the main writ petition. (Paras 1-5) B) Land Law - SC/ST Land Grant - Validity of Grant - Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 - The dispute pertained to the validity of a land grant made to a person belonging to Scheduled Caste/Scheduled Tribe. The court in the main writ petition had upheld the grant, and the review petition sought to re-agitate the same issues. Held that no new grounds were raised to warrant review. (Paras 1-5)
Issue of Consideration
Whether the review petition discloses any error apparent on the face of the record or any other sufficient reason to review the order dated 17.06.2013 in Writ Petition No.7988/2002.
Final Decision
Review Petition No.248/2014 is dismissed. No order as to costs.
Law Points
- Review jurisdiction
- Error apparent on record
- Order 47 Rule 1 CPC
- Scope of review
- Land grant under SC/ST Act
