Review petition by the State of Karnataka filed with condonation of delay application dismissed for insufficient cause, leading to dismissal of the review petition itself.
Condonation application (IA No. 1 of 2024) dismissed; Review Petition No. 418 of 2024 dismissed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH
REVIEW PETITION NO. 418 OF 2024
BETWEEN:
OFFICE OF THE COMMISSIONER OF COLLEGIATE EDUCATION K R CIRCLE BENGALURU - 573201.
Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka
…PETITIONERS
(BY SRI. HANAMANTHRAY LAGALI, AGA )
NC: 2024:KHC:37640 RP No. 418 of 2024
AND:
…RESPONDENTS THIS REVIEW PETITION IS FILED UNDER ORDER XLVII RULE 1 READ WITH SECTION 114 OF CODE OF CIVIL PROCEDURE 1908, R/W ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO TAKE NOTE OF THE AFORESAID FACTS AND CIRCUMSTANCES ON RECORD AND REVIEW THE ORDER DATED 21.07.2023 PASSED BY THE HON'BLE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WRIT PETITION NO. 19006/2021 (S-RES), TO MEET THE ENDS OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC:37640 RP No. 418 of 2024
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
Heard learned Additional Government Advocate appearing for the review petitioners.
Government Advocate appearing for the petitioners-State that the reasons for delay in filing the review petition is stated at paragraph 6 of the affidavit accompanying application in IA No.1 of 2024.
NC: 2024:KHC:37640 RP No. 418 of 2024
08.07.2024 made in respect of Smt. Veena M.S's case, and it is further stated that, due to administrative pressure/reasons, the review petition was filed belatedly. Perusal of the entire affidavit in IA No.1 of 2024 would indicate that, except stating that, due to administrative work the petitioners-State could not file the delay application in time and no cogent reasons are set out in the affidavit to condone the delay in filing the review petition. Therefore, as the sufficient cause for condoning the delay of more than year in filing the review petition has not been explained properly in the affidavit accompanying application, I am of the opinion that, IA No.1 of 2024 is deserves to be dismissed and accordingly, dismissed. Consequently, review petition also stands
dismissed .
SD/(E.S.INDIRESH) JUDGE
SB List No.: 1 Sl No.: 25
1 issue framed by the court
Whether cause can be made to condone the delay of 367 days in filing the review petition.
State of Karnataka represented by its Principal Secretary Department of Higher Education
Commissioner, Department of Collegiate Education
Joint Director Collegiate Education
Principal, Sri Venkateshwara College of Education
Sri. R.S. Raju
Sri V Prakash
E.S. Inderesh
As recorded by the court registry
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