Karnataka High Court

RP/100127/2024 of SHRI PARASHURAM S/O TOPANNA RAJAI Vs THE STATE OF KARNATAKA on 17 October 2025

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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

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