Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-K:7179-DB RP No. 200028 of 2025
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 25TH DAY OF NOVEMBER 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE G BASAVARAJA
REVIEW PETITION NO. 200028 OF 2025 IN WRIT APPEAL NO.200110 OF 2023
BETWEEN:
AMARESH M., S/O. SRI. SHIVASHANKARAPPA, AGED 50 YEARS, OCC: JR. ENGINEER, DEPT. OF MUNICIPAL ADMINISTRATION, OFFICE OF THE CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, DEVADURGA, DIST: RAICHUR – 584111. …PETITIONER
(BY SRI. S.M.CHANDRASHEKHAR, SENIOR COUNSEL FOR SRI. P.S.MALIPATIL & SRI. ABHISHEK MALIPATIL, ADVOCATES)
AND:
1. STATE OF KARNATAKA, REPT. BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPT., VIKASA SOUDHA, BANGALORE -560001. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.28 10:59:47 +0530
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HC-KAR NC: 2025:KHC-K:7179-DB RP No. 200028 of 2025
2. THE DIRECTOR, DEPT. OF MUNCIPAL ADMINISTRATION, 9TH FLOOR, V.B.TOWER, BANGALORE-560001. 3. KARNATAKA LOKAYUKTHA, BY ITS REGISTRAR, DR. AMBEDKAR VEEDHI M.S.BUILDING, BANGALORE – 560001. 4. THE CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, DEVADURGA, DIST: RAICHUR – 584111. …RESPONDENTS
THIS REVIEW PETITION IN WRIT APPEAL NO.200110/2023 IS FILED UNDER SECTION 114 OF THE CPC BY THE ADVOCATE FOR REVIEW PETITIONER PRAYING THAT THIS HON’BLE COURT TO ALLOW THE ABOVE REVIEW PETITION BY REVIEWING THE ORDER DATED 13.12.2024 PASSED IN W.A.NO.200110/2023 AND PASS APPROPRIATE ORDERS IN ACCORDANCE WITH LAW, IN THE INTEREST OF JUSTICE AND EQUITY. THIS REVIEW PETITION COMING ON FOR HEARING (THROUGH VIDEO CONFERENCE) THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R.DEVDAS AND HON'BLE MR. JUSTICE G BASAVARAJA
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HC-KAR NC: 2025:KHC-K:7179-DB RP No. 200028 of 2025
ORAL ORDER (PER: HON'BLE MR. JUSTICE R.DEVDAS)
We have heard the learned senior counsel Sri.S.M.Chandrashekhar for the review petitioner, and having heard the learned senior counsel, we are of the considered opinion that no error apparent on the face of the record is made out to entertain this review petition. 2. It is the contention of the learned senior counsel and the grounds raised in the review petition are that, in terms of the Karnataka Lokayukta Act, 1984, particularly, Section 8(2)(d), such investigation cannot happen after expiry of five years from the date on which the action alleged has taken place. However, we find that such contention was raised before us and we have considered such contention and have rendered an opinion thereof.
Secondly, it is contended that in the charge memo there is no allegation against the petitioner that he has misappropriated Rs.54,504/-. However, we find that such charge is clearly levelled against the petitioner. It is
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HC-KAR NC: 2025:KHC-K:7179-DB RP No. 200028 of 2025
further contended that the petitioner being a Junior Engineer has carried out the works and after eight years, if the construction is not found, the petitioner cannot found guilty of not carrying out the construction. 3. In our considered opinion, such contention will not amount to any error apparent on the face of the records. Such contention has been raised and we have considered such contention and have rendered opinion in that regard. 4. In view of the above, we do not find any need to issue notice to the respondents. Accordingly, the review petition stands rejected. Sd/- (R.DEVDAS) JUDGE
Sd/- (G BASAVARAJA) JUDGE
MBS Ct:vh List No.: 19 Sl No.: 1