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2025 DAILYLAW 48968 (KAR)

N. VENKATESH v. THE ASSISTANT COMMISSIONER

RP/389/2024 · 2025-09-16

E S Indiresh

Review Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36779 RP NO.389 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH REVIEW PETITION NO.389 OF 2024 IN WRIT PETITION NO.22524 OF 2023 BETWEEN: N. VENKATESH S/O VENKATAIAH, AGED ABOUT 72 YEARS, OCC: AGRICULTURIST, R/AT NO.G-8351, 4TH CROSS, GUTTALU COLONY, MANDYA, MANDYA DISTRICT - 571 401. …PETITIONER (BY SRI. MOHITH R., ADVOCATE FOR SRI. M.B. CHANDRACHOODA, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER MANDYA SUB-DIVISION, MANDYA - 571 401. 2. THE TAHASILDAR SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571401. …RESPONDENTS (BY SMT. HEMALATHA V., AGA) THIS REVIEW PETITION IS FILED UNDER ORDER XLVII RULE 1 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO REVIEW THE ORDER DATED 30TH OCTOBER, 2023 PASSED IN WRIT PETITION NO.22524 OF 2023 IN THE INTEREST OF JUSTICE. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36779 RP NO.389 OF 2024 THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this review petition, petitioner is seeking review of the order dated 30th October, 2023 (Annexure-A) passed in Writ Petition No.22524 of 2023. 2. Heard Sri. Mohith R., learned counsel on behalf of Sri. M.B. Chandrachooda, appearing for the petitioner and Smt. Hemalatha V., learned Additional Government Advocate appearing for respondents. 3. Sri. Mohith R., learned counsel appearing for the petitioner submitted that, this Court by order dated 30th October, 2023 (Annexure-A) in Writ Petition No.22524 of 2023, dismissed the petition on the ground that the order impugned in the writ petition i.e., order dated 04th August, 2015 in Case No.L.R.F.338/2014-15 was passed by the respondent No.1 during the year-2015 and there is a delay in filing the writ petition. In this regard, learned counsel appearing for the petitioner contended that the respondent-Authorities have not - 3 - HC-KAR NC: 2025:KHC:36779 RP NO.389 OF 2024 provided a fair opportunity to the petitioner. Accordingly, he sought for review the order dated 30th October, 2023. 4. Per contra, Smt. Hemalatha V., learned Additional Government Advocate appearing for respondents opposed the review petition and submitted that the petitioner herein was regularly absent from attending the proceedings before the respondent No.1 and therefore, order passed by this Court in writ petition, requires to be confirmed. 5. Having heard the learned counsel appearing for the parties and taking into account the fact that the notice in the impugned proceedings before the respondent-Authorities has not be served to the petitioner, I find force in the submission made by learned counsel appearing for the petitioner. Accordingly, Review Petition is allowed. Order dated 30th October, 2023 passed in Writ Petition No.22524 of 2023 is recalled and writ petition is restored to its original file. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 27