Review petition by the Managing Director of Karnataka State Safai Karmachari Development Corporation seeking relaxation of a writ judgment's implementation directive due to staff transfers. The court agreed with respondents' objection on the limited scope of review and declined to grant relaxation, disposing of the petition.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
REVIEW PETITION NO. 797 OF 2022
BETWEEN:
THE MANAGING DIRECTOR, KARNATAKA STATE SAFAIKARMACHARI DEVELOPMENT CORPORATION, SAIRABAG NO. 19/4, 3RD FLOOR, CUNNINGHAM ROAD, BENGALURU -52.
…PETITIONER
(BY SRI. NATARAJA BALLAL A., ADVOCATE)
AND:
Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA
…RESPONDENTS (BY MISS. S. DHAKSHAYENI., ADVOCATE FOR SRI. JEEVAN KUMAR B S., ADVOCATE FOR R1;
NC: 2024:KHC:21804 RP No. 797 of 2022
SRI. C.N. MAHADESWARA., AGA FOR R2; R3 IS SERVED AND UNREPRESENTED)
THIS REVIEW PETITION UNDER ORDER XLVII R/W SECTION 114 OF CPC, PRAYING TO REVIEW THE ORDER DATED 31/01/2022 IN WP NO.19968/2021 (COMMON ORDER IN WP NO.20504/2021) WITH REGARD TO IMPLEMENTATION OF THE STATUTORY POLICY ON A WAR FOOTING WITHIN THREE MONTHS AND FURTHER REPORT COMPLIANCE TO THE REGISTRAR GENERAL OF THIS HON’BLE COURT IN THE INTEREST OF JUSTICE AND EQUITY.
THIS REVIEW PETITION, COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
These Writ Petitions were heard & disposed by a
common judgment dated 31.01.2022. The operative portion of the judgment reads as under:
“In the above circumstances, all these petitions are disposed off placing on record the undertaking of the 2nd respondent given as above. The respondents 1 & 2 are directed to take all steps for the implementation of the statutory policy on a war footing and in any event within a period of three months and further report compliance to the Registrar General of this Court.
It is made clear that if the undertaking and the direction is not implemented, the same would amount to contempt of this court and heavy & exemplary costs may be imposed personally on the incumbents of the offices concerned, at the next level of legal battle.”
Petitioner submits that the functionaries of the Karnataka State Safai Karmachari Development Corporation keep on changing because of transfer and that they are facing trouble in giving effect to the conditions stipulated in the order now under review and therefore, some relaxation needs to be accorded so that the same would avoid the likely contempt proceedings. He also draws attention of the court to the Division Bench judgment in W.A.No.303/2022 wherein, liberty has been accorded for moving the Review Petition.
private respondents vehemently opposes the petition contending that the scope of review is limited in terms of
Order XLVII Rules 1 & 2 of CPC, 1908 that have been adopted vide Rule 39 of the Writ Proceedings Rules, 1977 and therefore, in the guise of review, the proceedings should not be entertained as if they are in appeal; absolutely no ground is made out for review.
and having perused the Petition Papers, I am in broad agreement with the submission made on behalf of the private respondents by Kum.Dhakshayeni and therefore, decline indulgence in the matter. However, if there is nonavailability of funds that comes in the way of making payment to the beneficiaries, that can possibly be a ground, to resist contempt proceedings if instituted against the concerned and therefore, this court need not examine that aspect.
With the above observations, Review Petition is disposed off.
cbc
Sd/JUDGE
List No.: 1 Sl No.: 7
1 issue framed by the court
Whether the review petition seeking relaxation of the statutory policy implementation direction in WP No.19968/2021 could be granted within the limited scope of Order XLVII CPC.
3 provisions across 3 enactments
The Managing Director, Karnataka State Safaikarmachari Development Corporation
Sri. Suresh
State of Karnataka
The District Manager, Dr. B.R. Ambedkar Development Corporation Ltd.
Krishna S Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
