Karnataka High Court
RP/100127/2024 of SHRI PARASHURAM S/O TOPANNA RAJAI Vs THE STATE OF KARNATAKA on 17 October 2025
NC: 2025:KHC-D:14157-DB R.P. No.100127/2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL REVIEW PETITION NO.100127/2024 BETWEEN: 1. SHRI. PARASHURAM S/O
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 17TH DAY OF OCTOBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
REVIEW PETITION NO.100127/2024
BETWEEN:
1.
SHRI. PARASHURAM S/O TOPANNA RAJAI
AGE 60 YEARS
OCC AGRICULTURE
R/O KEDANUR VILLAGE - 591143
TAL AND DIST BELAGAVI.
2.
SHRI. LAXMAN S/O TOPAMMA RAJAI
AGED 86 YEARS
OCC AGRICULTURIST
R/O. KEDANUR VILLAGE - 591143
TAL & DIST BELAGAVI.
3.
SMT. YALLUBAI W/O VAIJANT HONGEKAR
AGED 66 YEARS
R/O. KEDANUR VILLAGE-591143
TAL & DIST BELAGAVI.
4.
SMT. LAXMIBAI W/O SUBRAO JADHAV
AGE 73 YEARS
OCC HOUSEHOLD WORK
R/O. KEDANUR VILLAGE-591143
TAL & DIST BELAGAVI.
…PETITIONERS
(BY SRI. RAVI S. BALIKAI, ADV.,)
AND:
1.
THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
Digitally
signed by
RUPA V
Location:
High Court
Of Karnataka
HC-KAR
VIDHANA SOUDHA, AMBEDKAR VEEDHI
BENGALURU 560001
REP. BY ITS PRINCIPAL SECRETARY.
2.
THE REGIONAL COMMISSIONER
BELAGAVI REGION
BELAGAVI-590001.
3.
THE DEPUTY COMMISSIONER
BELAGAVI, D.C. COMPOUND
BELAGAVI-590001.
4.
THE ASSISTANT COMMISSIONER
BELAGAVI, BELAGAVI-590001.
5.
THE TAHASILDAR
BELAGAVI
BELAGAVI-590001.
6.
SMT. SUBHADRA
W/O ANIL DESHPANDE
AGED 75 YEARS
OCC HOUSEHOLD WORK
R/O. SHIVAJI COLONY, TILAK WADI
BELAGAVI-590001.
7.
SHRI. MANDAR
S/O ANIL DESHPANDE
AGED 43 YEARS
OCC : BUISNESS
R/O SHIVAJI COLONY
TILAKWADI
BELAGAVI-590001.
8.
SMT. UMA
W/O UMESH SHASTRI
AGED MAJOR
OCC : HOUSEHOLD WORK
R/O. PLOT NO.19/B, 5TH LANE
PRAGATI COLONY, 100 FEET ROAD
TAL & DIST SANGLI 416406
MAHARASHTRA STATE.
HC-KAR
9.
SMT. PURVA
W/O SANJU KULKARNI
AGED MAJOR
OCC : HOUSEHOLD WORK
R/O. PLOTN NO.2, UMESH KHATAVKAR
COLONY, SHAHPURI
TAL & DIST SATARA 415001
MAHARASHTRA STATE.
10.
SHRI. MARUTI
S/O KALLAPPA RAJAI
AGE 83 YEARS
OCC AGRICULTURE
R/O. KEDANUR VILLAGE 591143
TAL & DIST BELAGAVI.
11.
SHRI. GURUNATH
S/O KALLAPPA RAJAI
AGE 64 YEARS
OCC : AGRICULTURE
R/O. KEDANUR VILLAGE - 591143
TAL & DIST BELAGAVI.
12.
SHRI. MANOHAR
S/O KALLAPPA RANJAN
AGE 61 YEARS
OCC : AGRICULTURE
R/O. KEDANUR VILLAGE 591143
TAL & DIST BELAGAVI.
…RESPONDENTS
(BY AGA FOR R1 TO R5
SRI. SANGRAM S. KULKARNI, ADV., FOR R6 TO R9
SRI. LAXMAN T. MANTAGANI, ADV., FOR R10, R11 & R12)
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1
READ WITH SECTION 114 OF CPC, PRAYING TO REVIEW THE ORDER
DATED 28.11.2023 PASSED IN W.A.NO.100168/2023 AND MODIFY
THE
SAID
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ORDER
SUITABLY AS PRAYED FOR THE SAID W.A.NO.100168/2023 AND ALLOW THIS REVIEW PETITION IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
HC-KAR
CORAM:
THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV)
The present review petition has been filed seeking review of the order passed in W.A.No.100168/2023 dated 28.11.2023.
2. At the outset, it is to be noticed that as against the order in writ appeal, the review petitioner has preferred Special Leave to Appeal in SLP(C) No.9290/2024, which was disposed of as follows: "Heard learned counsel for the petitioner. Delay condoned. We do not find any ground to interfere with the impugned order passed by the High Court. However, liberty is given to the petitioners to file a review. The Special Leave Petition is, accordingly, dismissed. Pending application(s), if any, shall stand disposed of."
3. It is clear that the special leave petition was dismissed and there was no interference with the impugned order passed by this Court. However, liberty was given by the petitioners to file a review.
HC-KAR
4. Learned counsel for the petitioners Sri.Ravi S.Balikai would submit that the order requires to be reviewed as the application filed for resumption was during his service i.e. on 07.08.1984 when he was discharged on 31.10.1991. It is further contended that it is necessary that the claim should be bona fide and in the present case, the petitioner - ex-serviceman was a power of attorney holder for many others and that would prima facie indicate that he was not bona fide.
5. It is to be noticed that the restriction for filing an application is to a period not later than one year after the soldier/seaman's discharge. In the present case, the application was filed while he was in service. Such aspect has been considered by this Court in the case of NINGAPPA AVANNA ASTEKAR Vs. THE STATE OF KARNATAKA AND OTHERS 1, more particularly in paragraphs 7 to 10 where the Court has reiterated that there is no bar in giving a notice while still in service. The same is also referred to by this Court in the order in writ appeal.
1 W.P.No.24925/1990 dt. 05.08.1993
HC-KAR
6. Insofar as bona fide requirement is concerned, mere representation of serviceman through a power of attorney holder is not a bar and that aspect has also been considered by the aforesaid decision. We find that there are no grounds made out for exercise of power of review.
7. Accordingly, review petition is rejected.
8. Pending application also stands disposed of.
Sd/- (S.SUNIL DUTT YADAV) JUDGE
Sd/- (VIJAYKUMAR A.PATIL) JUDGE
RV List No.: 19 Sl No.: 3