M.R.R. SETTY Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) These two appeals arise out of the common judgment dtd. 9/1/2020 of a Division Bench of the Karnataka High Court, insofar as it pertains to Writ Appeal No. 6405 of 2017, and the later order dtd. 16/6/2023 of another Bench of the said Court, dismissing Review Petition No. 105 of 2022. In turn, Writ Appeal No. 6405 of 2017 arose out of the common order dtd. 22/7/2015 of a learned Judge of the Karnataka High Court, in so far as it pertained to Writ Petition No. 35210 of 2014.

(3.) The said writ petition was filed by M.R.R. Setty, deceased appellant No. 1, assailing the Notice dtd. 26/4/2014 issued by the Joint Director/Registrar of Land Records, City Survey, South Zone, K.R. Circle, Bengaluru, in exercise of power under Sec. 56 of the Karnataka Land Revenue Act, 1964 [For short, 'the Act of 1964'], cancelling the order of the erstwhile Enquiry Officer with respect to City Survey No. 174 and directing the Enquiry Officer, City Survey, Team-3, Bengaluru, to decide the case by holding a re-enquiry with respect to City Survey Nos. 174, 174/1, 174/2, 174/3, 174/5, 178, 178/1, 108, 109, 129, 130, 155, 166, 171, 172 and 1019 with verification of the record of rights of the private parties on the basis of the original survey records of Yediyur Lake region. This notice was issued at the behest of one L. Shankaralingaiah, who complained that Yediyur Lake was being encroached upon by members of the public and requesting removal of the said encroachments so as to protect the lake.