- 1 - HC-KAR NC: 2025:KHC-D:11633-DB WP No. 107798 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 107798 OF 2023 (S-KAT) BETWEEN: 1. SRI. MANJUNATH KENCHARAUT, S/O. SHIVARUDRAPPA NAGAPPA KENCHARAUT, AGE: 29 YEARS, OCC: SERVING AS AGRICULTURAL OFFICER (AO), RAITA SAMPARKA KENDRA, KITTUR, TQ: KITTUR, DIST: BELAGAVI 591115. 2. MRS. YASMIN S. MOKASHI, D/O. SAIYAD ALI, AGE: 29 YEARS, OCC: SERVING AS AGRICULTURAL OFFICER (AO) AT, FERTILIZER CONTROL LABORATORY, GTC COMPOUND, DHARWAD-580008. 3. SRI. VINAYAK TURAIDAR, AGE: 31 YEARS, OCC: SERVING AS AGRICULTURAL OFFICER (TO-1) AT, ADA OFFICE, GOKAK, TQ: GOKAK, DIST: BELAGAVI-591307, R/O. GURUWAR PETH, GOKAK, Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11633-DB WP No. 107798 of 2023 NEAR KOLAVI HANUMAN TEMPLE, GOKAK, TQ: GOKAK, DIST: BELAGAVI-590001. 4. MR. SALEEM KESARATTI, AGE: 30 YEARS, OCC: SERVING AS AGRICULTURAL OFFICER (AO) AT, STATE FERTILIZER TESTING LAB, BELAGAVI, R/O. A/P: TILAGUL, TQ: SINDAGI, DIST: VIJAYPUR-586118. 5. SMT. VIDYA PALAKI, D/O. HANAMANTH L. PALAKI, AGE: 32 YEARS, OCC: SERVING AS AGRICULTURAL OFFICER (AO) AT, STATE FERTILIZER TESTING LAB, BELAGAVI, R/O. A/P: KALLOLLI, TQ: MUDALAGI, DIST: BELAGAVI-591224. 6. SRI. NAGESH VIRAKTAMATH, S/O. C.M. VIRAKTAMATH, AGE: 29 YEARS, OCC: SERVING AS AGRICULTURAL OFFICER (AO) AT, RAITHA SAMPARKA KENDRA, MURAGOD, TQ: SAVADATTI, DIST: BELAGAVI, R/O. A/P: SHETAGAR GALLI, BAILHONGAL, TQ: BAILHONGAL, DIST: BELAGAVI-591102. 7. SRI. RAGHAVENDRA TALAWAR, S/O. RAMESH D. TALAWAR, AGE: 33 YEARS, OCC: SERVING AS AGRICULTURAL OFFICER (AO) AT, RAITHA SAMPARKA KENDRA, SANKESHWAR, TQ: HUKKERI, - 3 - HC-KAR NC: 2025:KHC-D:11633-DB WP No. 107798 of 2023 DIST: BELAGAVI-591313, R/O. ADITYA NAGAR, NEAR KURABAR DADDI, GOKAK, TQ: GOKAK, DIST: BELAGAVI-591307. 8. SRI. JAGADISH HADIMANI, AGE: 30 YEARS, OCC: SERVING AS AGRICULTURAL OFFICER (AO) AT, TO-1, ADA OFFICE BAGALKOT-587103, R/O. A/P: NAGARAL, TQ: BILAGI, DIST: BAGALKOT-587116. 9. SRI. PARASAPPA HULAGABAL, AGE: 36 YEARS, OCC: SERVING AS AGRICULTURAL OFFICER (AO) AT, RAITH SAMPARKA KENDRA, ARABHAVI, TQ: MULAGI, DIST: BELAGAVI-591218. R/O. DISTRICT AGRICULTURE TRAINING CENTRE (DATC) CAMPUS, TQ: MUDALAGI, DIST: BELAGAVI. 10. SRI. SHANKAR HALADAMANI, AGE: 30 YEARS, OCC: SERVING AS AGRICULTURAL OFFICER (AO) AT, TO-1, ADA OFFICE DHARWAD, TQ/DIST: DHARWAD-580007, R/O. SAINIK COLONY, KUMARESHWAR NAGAR, NEAR ISHWARLING TEMPLE, DHARWAD-580007. …PETITIONERS (BY SRI. ANAND L.SANDRIMANI AND SRI. B.RAWOOT, ADVOCATES) - 4 - HC-KAR NC: 2025:KHC-D:11633-DB WP No. 107798 of 2023 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF AGRICULTURE, M.S.BUILDING, BENGALURU-560001. 2. THE COMMISSIONER OF AGRICULTURE, DEPARTMENT OF AGRICULTURE, SHESHADRI ROAD, BENGALURU-560001. 3. SRI. RAVEENDRA N. TULASIGERI, S/O. NANDEEPA, AGE: 45 YEARS, OCC: WORKING AS AGRICULTURE OFFICER AT, R/O. RAITHA SAMPARKA KENDRA, JAMAKHANDI, DIST: BAGALKOT-587301, R/O. MADAR KHANDI, TQ: JAMAKHANDI, DIST: BAGALKOT-587301. 4. SRI. ARUN KYALAKOND, S/O. V.S. KYALAKOND, AGE: 48 YEARS, OCC: WORKING AS AGRICULTURE OFFICER AT, OFFICE OF ASSISTANT DIRECTOR OF AGRICULTURE, APMC YARD, SHIGGAVI, DIST: HAVERI-581205, R/O. PLOT NO. 10, UDAY HOMING SOCIETY, D.C. OFFICE ROAD, DIST: HAVERI-581110. 5. SRI. PRABHAKAR K. ITNAL, S/O. KALLAPPA ITNAL, AGE: 48 YEARS, OCC: WORKING AS AGRICULTURE OFFICE AT, - 5 - HC-KAR NC: 2025:KHC-D:11633-DB WP No. 107798 of 2023 OFFICE OF DEPUTY DIRECTOR OF AGRICULTURE, BELAGAVI-590001, R/O. 2447, SRI SAI SAMRUDDI, RAMATHEERTHANAGAR, DIST: BELAGAVI-590016. 6. SRI. VIRUPAKSHAPPA S. SHANTAGIRI, S/O. SHEKARAPPA, AGE: 41 YEARS, OCC: WORKING AS AGRICULTURE OFFICE AT, OFFICE OF THE ASSISTANT DIRECTOR OF AGRICULTURE, RON, DIST: GADAG-582209, R/O. HULLUR, TQ: RON, DIST: GADAG-582209. 7. SRI. MAHADEV SARASHETTI, S/O. SHEKARAPPA, AGE: 41 YEARS, OCC: WORKING AS AGRICULTURE OFFICER AT, RAITHA SAMPARKA KENDRA, DHARWAD-580008, R/O. NO. 18/7, NO. 01, BANASHANKARI LAYOUT, KUMARESHWAR NAGAR, DIST: DHARWAD-580008. 8. SRI. MALLAPPA S. BISAGUPPI, S/O. SIDDAPPA, AGE: 48 YEARS, OCC: WORKING AS AGRICULTURE OFFICER AT, OFFICE OF ASSISTANT DIRECTOR OF AGRICULTURE, BAILHONGAL, DIST: BELAGAVI-591127, R/O. 16B, SIDDESHWAR SADANA, ULAVI CHENNABASAVA NAGAR, BAILHONGAL, DIST: BELAGAVI-591127. 9. SRI. BALAPPA R. JALAGERI, S/O. RANGAPPA, - 6 - HC-KAR NC: 2025:KHC-D:11633-DB WP No. 107798 of 2023 AGE: 45 YEARS, OCC: WORKING AS AGRICULTURE OFFICER AT, RAITHA SAMPARKA KENDRA, KUSHTAGI, DIST: VIJAYANAGAR-583277, R/O. JAMMANAKATTI VILLAGE, TQ: BADAMI, DIST: BAGALKOT. 10. SMT. RADHIKA B.R. D/O. RAMESH B., AGE: 34 YEARS, OCC: WORKING AS AGRICULTURE OFFICER AT, RAITHA SAMPARKA KENDRA, KONDLI, SIDDAPUR, DIST: UTTARA KANNADA-581355. R/O. NO. 799, KARTIKEYA NILAYA, APMC AREA, INDIRANAGARA SIDDAPURA, DIST: UTTARA KANNADA. 11. SRI. NEELA NAIK B. S/O. RAMA NAIK B., AGE: 36 YEARS, OCC: WORKING AS AGRICULTURE OFFICER AT, OFFICE OF THE ASSISTANT DIRECTOR OF AGRICULTURE, KUDLIGI-583135, DISTRICT: VIJAYANAGAR, R/O. SEVANAGAR, POST: BENDIGERI, TQ: HARAPANAHALLI, DIST: VIJAYANAGAR-583131. 12. SRI. SUREKHA PATTANASHETTY, S/O. SHEKARAPPA, AGE: 34 YEARS, OCC: WORKING AS AGRICULTURE OFFICER AT, OFFICE OF THE DEPUTY DIRECTOR OF AGRICULTURE, FERTILIZER CONTROL LABORATORY, BELAGAVI-590010, R/O. NO. 1588, - 7 - HC-KAR NC: 2025:KHC-D:11633-DB WP No. 107798 of 2023 BASAVAPRABHU NILAY, 2ND STOP, RAMATHEERTHA NAGAR, BELAGAVI-590016. 13. SRI. SHRISHAIL BALAPPA KARAGANNI, S/O. BALAPPA KARAGANNI, AGE: 45 YEARS, OCC: WORKING AS AGRICULTURE OFFICER AT, RAITHA SAMPARKA KENDRA, GOKAK, DIST: BELAGAVI-591307, R/O. A/P: KHANATTI, TQ: MUDALAGI, DIST: BELAGAVI-591312. 14. SRI. YALAMATI SUDHAKAR, S/O. SRINIVASA RAO, AGE: 38 YEARS, OCC: WORKING AS AGRICULTURE OFFICER AT, DISTRICT AGRICULTURAL TRAINING CENTRE, ODDAVAHATTI, TQ: GANGAVATI, DIST: KOPPAL-583229, R/O. NO. 29, HANAWAL CAMP, TQ: GANGAVATI, DIST: KOPPAL. 15. SRI. RAGHAVENDRA KONDAGURI, S/O. HANUMANTAPPA, AGE: 37 YEARS, OCC: WORKING AS AGRICULTURE OFFICER AT, RAITHA SAMPARKA KENDRA, KUSHTAGI-583277, R/O. HIREARALIHALLI, TQ: YALABURGA, DIST: KOPPAL-583236. 16. SRI. MENDI HANUMAPPA, S/O. MENDI HANUGAPPA, AGE: 41 YEARS, OCC: WORKING AS AGRICULTURE OFFICER AT, - 8 - HC-KAR NC: 2025:KHC-D:11633-DB WP No. 107798 of 2023 OFFICE OF JOINT DIRECTOR OF AGRICULTURE, BELLARI-583101, R/O. NO. 83, NEAR ANJANEYA TEMPLE, MAIN ROAD, KUNDAGOL VILLAGE, GAJAPURA POST, KOTTUR TALUK, DIST: VIJAYANAGAR-583134. …RESPONDENTS (BY SRI. ASHOK KATTIMANI, AGA FOR R1 AND R2; SRI. NITIN RAMESH AND SRI. LINGESH KATTEMANE, ADVOCATES FOR R3, R4 AND R6 TO R16) (NOTICE TO R5 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI SETTING ASIDE THE IMPUGNED ORDER PASSED BY THE HON’BLE DIVISION BENCH OF KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI IN APPLICATION NO. 2036 TO 2060/2023 DATED 08-11-2023 BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, AT BELAGAVI AT ANNEXURE-A AND ORDER DATED 05-11-2022 PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, AT: BELAGAVI IN APPLICATION NO.10955 TO 10968 OF 2022 AT ANNEXURE-A2 AND THE COMMUNICATION LETTER ISSUED BY THE RESPONDENT NO. 1 TO THE RESPONDENT NO. 2 DATED 20-03-2023 IN RESPECT OF PETITIONERS ARE CONCERNED VIDE ANNEXURE-A3 AND ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO. 1 AND 2 TO CONSIDER THE REPRESENTATION OF THE PETITIONERS VIDE ANNEXURE-A7 DATED 05-01-2023 AND ETC. - 9 - HC-KAR NC: 2025:KHC-D:11633-DB WP No. 107798 of 2023 THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR) This petition by the applicants in Review Application Numbers 2036 to 2060 of 2023 on the file of the Karnataka State Administrative Tribunal at Belagavi (for short, ‘the Tribunal’) is directed against the impugned order dated 08.11.2023 whereby the said review applications filed by the petitioners herein were dismissed by the Tribunal. 2. The brief facts giving rise to the present petition are as under: (a) Respondents No.3 to 16 filed applications in Application Nos.10955 to 10968 of 2022 on the ground that they were Officers working in Department of Agriculture and had questioned the legality and validity of the order - 10 - HC-KAR NC: 2025:KHC-D:11633-DB WP No. 107798 of 2023 dated 19.08.2020 and sought for retrospective promotion with effect from 12.03.2018 i.e., the date on which they were said to have been placed in independent charge of the said post under Rule 32 of the Karnataka Civil Services Rules. In this context, it is relevant to note that except respondents No.1 and 2 herein i.e., the State government and the Commissioner, Department of Agriculture, no one else were made parties to the said Application Nos.10955- 10968/2022 and the petitioners herein were not made parties to the said application. The petitioners herein are said to be direct recruits in the aforesaid Department of Agriculture. (b) By final order dated 05.11.2022, the Tribunal allowed the said applications and quashed the communication dated 19.08.2020 impugned in the said application and further directed the respondents therein i.e., the State of Karnataka, and the Commissioner, Department of - 11 - HC-KAR NC: 2025:KHC-D:11633-DB WP No. 107798 of 2023 Agriculture, to consider the claim of the applicants therein (respondents No.3 to 16 herein) for grant of retrospective promotion as stated supra. Subsequently, on 30.10.2023, the petitioners herein filed the instant review applications invoking Section 22(3)(f) of the Administrative Tribunals Act, 1985, seeking review of the aforesaid order dated 05.11.2022 passed by the Tribunal inter alia urging various contentions, one of such contentions being that the aforesaid order dated 05.11.2022 passed by the Tribunal directing consideration of claim of respondents No.3 to 16 herein (Applicants before the Tribunal) for grant of retrospective promotion would substantially affect the rights of the petitioners who were direct recruits and consequently, the aforesaid order supra deserved to be reviewed/revisited by the Tribunal. (c) The respondents herein having opposed/contested the said review petition, the Tribunal proceeded to pass the - 12 - HC-KAR NC: 2025:KHC-D:11633-DB WP No. 107798 of 2023 order rejecting the review application, aggrieved by which the petitioners are before this Court by way of the present petition. 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, the learned counsel for the petitioners invited our attention to the impugned order in order to point out that despite a specific ground being urged by the petitioners in their review application that the original application filed by applicants (respondents No.3 to 16 herein) which was allowed vide order dated 05.11.2022 was passed without considering the fact that there was non-joinder of necessary parties and suffered from inadequate pleadings without there being any whisper about the petitioners-direct recruits, the Tribunal did not address/advert to the said contention urged by the petitioner thereby resulting in erroneous conclusion. In fact, at paragraph 4 of the Review Application, the petitioners herein/review applicants - 13 - HC-KAR NC: 2025:KHC-D:11633-DB WP No. 107798 of 2023 specifically stated that they were not parties to the said application filed by respondents No.3 to 16 and that the same was bad for non-joinder of necessary parties and that the petitioner would be adversely affected by the said order passed by the Tribunal. It was, therefore, submitted that apart from various other contentions urged on merits including the contention regarding there being errors apparent on the face of the record warranting review, the impugned order passed by the Tribunal rejecting the review applications deserves to be set aside and the matter be remanded back to the Tribunal for reconsideration afresh in accordance with law. 4. Per contra, learned Additional Government Advocate for respondents No.1 and 2 and the learned counsel for respondents No.3 to 16 would support the impugned order and point out that, apart from the fact that there was no error apparent on the face of the record in the order dated 05.11.2022, the Tribunal has proceeded to - 14 - HC-KAR NC: 2025:KHC-D:11633-DB WP No. 107798 of 2023 examine the rival claims on merits and has correctly dismissed the review applications by passing the impugned order which does not warrant interference by this Court in the present petition. 5. We have given careful consideration to the rival contentions and perused the material on record. 6. As rightly contended by the learned counsel for the petitioners, a perusal of the review application in Review Application Numbers 2036 to 2060 of 2023 will indicate that at paragraph 4 under the caption “FACTS OF THE CASE”, the petitioners/review applicants have stated as under: “4. …………… Being aggrieved by the said letter, the Respondents No.3 to 16 filed Applications No.10955 to 10968/2022 before the Karnataka State Administrative Tribunal, Belagavi and in the said applications, these Applications are not made as parties.” - 15 - HC-KAR NC: 2025:KHC-D:11633-DB WP No. 107798 of 2023 7. So also, under the caption “GROUNDS FOR REVIEW”, the petitioners/review applicants have stated as under: “2. The Review Applicants further respectfully submit that, the Hon’ble Tribunal erred in not considering the fact that the applications suffers from inadequate pleading and also non joinder of necessary parties. It is to be noted that, there is no whisper about the direct recruits who are likely to be affected by the claim of the Respondents No.3 to 16. The Hon’ble tribunal by not considering this fact has passed the impugned order which causes injustice to the Review Applicants herein who are direct recruits to the post of Agriculture Officers in Agriculture Department.” 8. It is matter of record that aggrieved by the aforesaid order dated 05.11.2022 passed by the Tribunal, the petitioners herein approached this Court in W.P. No.101925/2023 which was disposed of vide final order dated 10.10.2023 reserving liberty in favour of the petitioners herein to file an appropriate review application and permitted the petitioners herein to withdraw the said - 16 - HC-KAR NC: 2025:KHC-D:11633-DB WP No. 107798 of 2023 petition. The said order dated 10.10.2023 passed by this Court in W.P. No.101925/2023 reads as under: “This petition is filed by the petitioners challenging the impugned order dated 5.11.2022 passed in Applications No.10955 to 10968 of 2022 by the Karnataka State Administrative Tribunal, Belagavi (for short, ‘Tribunal’), to which the petitioners herein are not parties. 2. After arguing the matter for sometime, learned counsel for the petitioners seeks permission to withdraw the petition with liberty to file review application before the Tribunal by invoking Rule 3 of the Karnataka Administrative Tribunal (Review Application, Review Regulations), 1994. It is submitted that the time spent in prosecuting the present petition may be excluded under Section 14 of the Limitation Act. 3. The said submission is placed on record. The present petition stands disposed off as withdrawn reserving liberty in favour of the petitioner file appropriate review application before the Tribunal. If such an application is filed within a period of one month from today, the petitioners will be entitled to the benefit of Section 14 of the Limitation Act. 4. Subject to the aforesaid liberty granted in favour of the petitioners and leaving open all rival contentions between the parties, the present petition stands disposed off.” - 17 - HC-KAR NC: 2025:KHC-D:11633-DB WP No. 107798 of 2023 9. As can be seen from the aforesaid order passed by this Court, all rival contentions have been kept open and liberty has been reserved in favour of the petitioners herein to file an appropriate review application. As stated supra, in the review application, the petitioners have taken up various contentions including the specific contention that they were not made parties to the proceedings in Application Nos.10955-10968/2022 or the order dated 05.11.2022 passed by the Tribunal on the said application as well as the fact that the said applications were bad for non-joinder of necessary parties. Despite the aforesaid facts and circumstances, and the specific contentions urged by the petitioners/review applicants before the Tribunal, the Tribunal has neither addressed nor adverted or considered the specific contentions urged by the petitioners that they ought to have been given an opportunity by being made parties to the proceedings in Application Nos.10955- 10968/2022 before passing the impugned order. - 18 - HC-KAR NC: 2025:KHC-D:11633-DB WP No. 107798 of 2023 10. Under these circumstances, and in view of non- consideration of all grounds urged by the petitioners while disposing of the review applications by passing the impugned order, though several contentions have been urged by both sides in support of their respective claim, without expressing any opinion on the merits/demerits of the rival contentions, we deem it appropriate to set aside the impugned order and remit the matter back to the Tribunal for reconsideration of the Review Application Numbers 2036 to 2060 of 2023 afresh in accordance with law. 11. In the result, we pass the following: ORDER i) The petition is hereby allowed. ii) The impugned order dated 08.11.2023 passed in Review Application Numbers 2036 to 2060 of 2023 by the Karnataka State - 19 - HC-KAR NC: 2025:KHC-D:11633-DB WP No. 107798 of 2023 Administrative Tribunal at Belagavi is hereby set aside. iii) The matter is remitted back to the Tribunal for reconsideration afresh in accordance with law. iv) The parties are directed to appear before the Karnataka State Administrative Tribunal, Belagavi, in Review Application Numbers 2036 to 2060 of 2023 on 13.10.2025. v) Liberty is reserved in favour of the parties to file additional pleadings and produce additional documents etc. before the Tribunal which shall consider the same and proceed further and dispose of the review applications in accordance with law as expeditiously as possible and preferably within a period of three months from 13.10.2025. vi) All rival contentions on all aspects of the matter are kept open and no opinion is - 20 - HC-KAR NC: 2025:KHC-D:11633-DB WP No. 107798 of 2023 expressed on the merits/demerits of the rival contentions. All pending interlocutory applications do not survive for consideration and the same are disposed of accordingly. Sd/- (S.R. KRISHNA KUMAR) JUDGE Sd/- (C.M. POONACHA) JUDGE KMS Ct:vh List No.: 1 Sl No.: 66