- 1 - HC-KAR NC: 2025:KHC:19261-DB RP No. 271 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR V. KAMESWAR RAO, ACTING CHIEF JUSTICE AND THE HON'BLE MR JUSTICE ASHOK S.KINAGI REVIEW PETITION NO. 271 OF 2024 BETWEEN: 1. THE STATE OF KARNATAKA BY ITS REVENUE DEPARTMENT, M S BUILDING, BENGALURU - 560001. 2. THE DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT MANGALURU - 575 001. 3. THE TAHSILDAR BANTWAL TALUK, DAKSHINA KANNADA DISTRICT - 574211 …PETITIONERS (BY SRI. K.S. HARISH, AGA) AND: 1. MRS. A SAVITHRI W/O LATE SUBBANNA BHAT, AGED 84 YEARS, 2. MR. A VISHNU BHAT S/O LATE SUBBANNA BHAT, AGED 67 YEARS Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19261-DB RP No. 271 of 2024 3. MRS. SHALINI D/O LATE SUBBANNA BHAT, AGED 64 YEARS 4. MR. A ISHWARA BHAT, S/O LATE SUBBANNA BHAT, AGED 62 YEARS 5. MR. A NAGARAJ, S/O LATE SUBBANNA BHAT, AGED 61 YEARS 6. USHA KUMARI D/O LATE SUBBANNA BHAT, AGED 54 YEARS 7. SATHYA BHAMA D/O LATE SUBBANNA BHAT AGED 54 YEARS ALL ARE R/AT ALANGARU HOUSE, VITTALAMADNUR BANTWAL TALUK, D.K.DISTRICT - 574214 KARNATAKA STATE. …RESPONDENTS (BY SRI. N SUKUMAR JAIN, ADVOCATE) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908. PRAYING TO REVIEW THE IMPUGNED ORDER PASSED BY THIS HON’BLE DIVISION BENCH IN WRIT APPEAL NO. 1221/2022 ON 06.12.2022 AND GRANT SUCH OTHER RELIEFS AS THIS HON’BLE COURT DEEMS FIT. THIS REVIEW PETITION COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR V. KAMESWAR RAO, ACTING CHIEF JUSTICE AND HON'BLE MR JUSTICE ASHOK S.KINAGI - 3 - HC-KAR NC: 2025:KHC:19261-DB RP No. 271 of 2024 ORAL ORDER (PER: HON'BLE MR V. KAMESWAR RAO, ACTING CHIEF JUSTICE) This review petition has been filed by the State of Karnataka and its functionaries seeking review of the order dated 06.12.2022 passed by this Court in W.A.No.1221/2022, whereby this Court had dismissed the application in I.A.No.1/2022, which was filed seeking condonation of 475 days delay in filing the appeal and consequently the appeal. 2. It may be stated that in paragraph No.4, this Court, in the order dated 06.12.2022 has stated as under: “4. Now we are unable to find a single statement to show that the State Government made any attempt to challenge the basic order i.e., the order dated 22.02.2019, passed in W.P.No.23608/2018. Further, we found that though the appellant – applicant submits that the delay is of 475 days, and this delay is counted by the appellant assuming that the appellant is a beneficiary of the Apex Court order, but in reality, the delay is of more - 4 - HC-KAR NC: 2025:KHC:19261-DB RP No. 271 of 2024 than 3 years and some odd days. The appellant – State cannot take the benefit of the order of the Apex Court so as to say that the delay is only of 475 days. Thus, in our opinion, the inordinate delay of 3 years and odd days, is not at all explained by the appellant – State and no justifiable or convincing reason is coming forth to condone this inordinate delay”. 3. From the above it is noted that, one of the observation made by this Court was that, the writ petition involving identical issue being writ petition No.23608/2018 decided on 22.02.2019 has not been challenged. 4. Learned counsel appearing for the appellants/ review petitioners would submit that above observation of this Court in the order dated 06.12.2022 may not be correct, inasmuch as the petitioners herein had challenged the order dated 22.02.2019 in W.P.No.23608/2018 in W.A.No.107/2022, which appeal is still pending consideration before this Court. 5. We had issued notice on the review petition. We also find that Mr.Sukumar Jain, advocate has filed - 5 - HC-KAR NC: 2025:KHC:19261-DB RP No. 271 of 2024 vakalath on behalf of respondents No.1 to 7. We also note objections have been filed to the review petition, but there is no appearance for the said respondents before us, today. 6. It is stated in the review petition that, the order dated 06.02.2022 in the appeal was challenged by the petitioners herein i.e., State of Karnataka before the Hon’ble Supreme Court in Special Leave Petition (Civil) Dairy No(s).46051/2023 which was decided on 24.11.2023 by the Hon’ble Supreme Court wherein the following order has been passed: “Learned counsel for the petitioners seeks to withdraw the special leave petition with the liberty to avail appropriate remedy available in law. Accordingly, the special leave petition is dismissed as withdrawn with the liberty to take appropriate remedy in accordance with law. It is made clear that in case the petitioners are visited with adverse order, it would be open to the petitioners to approach this Court.” - 6 - HC-KAR NC: 2025:KHC:19261-DB RP No. 271 of 2024 7. Learned Additional Government Advocate states that it is pursuant to the liberty granted by the Hon’ble Supreme Court that the present review petition has been filed. 8. Having noted the submissions made by the learned Additional Government Advocate and also the contents of the objections filed by the respondents No.1 to 7 to the review petition, we are of the view that this Court while dismissing the writ appeal had made an observation that the order dated 22.02.2019 in W.P.No.23608/2018 has not been challenged. 9. In view of the submission now made by the learned Additional Government Advocate that W.A.No.107/2022 arises from the order dated 22.02.2019 in W.P.No.23608/2018, which is still pending consideration, we deem it appropriate to allow the review petition and set aside the order dated 06.02.2022 in WA No.1221/2022, and restore the writ appeal being writ appeal No.1221/2022 to its original number. - 7 - HC-KAR NC: 2025:KHC:19261-DB RP No. 271 of 2024 10. The Review Petition is disposed of as allowed. 11. The Writ Appeal No.1221/2022 shall be listed along with W.A.No.107/2022 for consideration. Sd/- (V KAMESWAR RAO) ACTING CHIEF JUSTICE Sd/- (ASHOK S.KINAGI) JUDGE SKS