The petitioners filed a review petition under Order 47 Rule 1 of CPC challenging an order in W.P. No. 21382/2021 that quashed their rankings in the Seniority List of Junior Engineers. The Court held that the order had no jurisdictional infirmity or apparent error on the record.
The review petition is rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:44317 RP No. 190 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT
REVIEW PETITION NO. 190 OF 2023
BETWEEN:
Digitally signed by A K CHANDRIKA Location: HIGH COURT OF KARNATAKA
PRESENTLY WORKING AT O/O ASSISTANT EXECUTIVE ENGINEER D1SW-1, SUB DIVISION, BWSSB TULASI THOTA, CHIKKA LALBAGH BENGALURU-560053.
PRESENTLY WORKING AT O/O ASSISTANT EXECUTIVE ENGINEER NE-1, SUB DIVISION, BWSSB
NC: 2023:KHC:44317 RP No. 190 of 2023
SUVARNA BHAVAN, MALLESHWARAM BENGALURU.
…PETITIONERS
(BY SRI. B.M. GIRISH KUMAR, ADV.)
AND:
O/O ASSISTANT EXECUTIVE ENGINEER, SOUTH-1 DIVISION, J.P.NAGAR 6TH PHASE, JAMBUSAWARI DINNE, BENGALURU-560 076.
AGED MAJOR, ASSISTANT ENGINEER, NORTH WEST-1 DIVISION, 5TH MAIN, WEST OF CHORD ROAD, 2ND STAGE, BASAVESHWARNAGAR, BENGALURU-560 080.
…RESPONDENTS
(BY SRI.BOPANNA BELLIAPPA, AGA FOR R1)
THIS PETITION UNDER ORDER XLVII RULE 1 R/W SECTION 114 OF THE CPC, 1908, PRAYING TO (A) CALL FOR RECORDS OF W.P.NO. 21382/2021; (B) REVIEW THE ORDER DATED 25.11.2022 PASSED BY THIS COURT IN W.P. NO. 21382/2021 VIDE ANNEXURE-A AND RESTORE THE WRIT PETITION FOR CONSIDERATION ON MERITS AND ETC.
NC: 2023:KHC:44317 RP No. 190 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This review petition is filed under Order 47 Rule 1 read with Section 114 of the Code of Civil Procedure, 1908 (for short ‘CPC’) praying to review the order dated 25.11.2022 in W.P.No.21382/2021.
for the petitioners and Sri. Bopanna Belliappa, learned Additional Government Advocate for respondent No.1. Perused the petition papers.
List of Junior Engineers. The case made out in the review petition is entirely a new case by the petitioners who are respondents in the writ petition.
NC: 2023:KHC:44317 RP No. 190 of 2023
petitioners, in my considered opinion, the order neither suffers from any jurisdictional infirmity nor any error apparent on the face of the record warranting interference of this Court in exercise of review jurisdiction.
Accordingly, review petition is rejected.
Sd/JUDGE
SMJ CT:bms
List No.: 1 Sl No.: 12
3 issues framed by the court
Whether the impugned order in W.P. No. 21382/2021 suffers from a jurisdictional infirmity or error apparent on the face of the record warranting review jurisdiction.
Whether the review petition raises a new case distinct from the original writ petition regarding the impugned ranking order.
Whether the principles governing writ jurisdiction apply to grant review in the matter of seniority list ramifications.
2 provisions across 1 enactments
Sri S C Chenappaji
Sri Nanjundaiah K
The State of Karnataka
The Chairman Bengaluru Water Supply and Sewerage Board
Bengaluru Water Supply and Sewerage Board
Sri Santosh Prasad
S.G. Pandit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
