Allowed¶36

N. Venkatesh v. the Assistant Commissioner

Karnataka HC16 Sept 2025RP/389/2024

Case brief

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What is this about?

Karnataka High Court, Bengaluru; Review Petition allowed; recall of order dated 30-10-2023 in W.P. No.22524 of 2023; restoration of writ petition to original file; Order XLVII Rule 1 CPC; non-service of notice in impugned proceedings; denial of fair opportunity; dismissal of writ petition for delay in filing; land revenue proceedings Case No.L.R.F.338/2014-15; Assistant Commissioner Mandya Sub-Division; Tahasildar Srirangapatna Taluk; Hon'ble Mr. Justice E.S. Indiresh; decided 16-09-2025.

What did the court decide?

Order dated 30th October, 2023 passed in Writ Petition No.22524 of 2023 recalled; writ petition restored to its original file. ¶36

N. Venkatesh Vs the Assistant Commissioner — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:36779 RP NO.389 OF 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE E.S. INDIRESH

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REVIEW PETITION NO.389 OF 2024

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WRIT PETITION NO.22524 OF 2023

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BETWEEN:

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N. VENKATESH S/O VENKATAIAH, AGED ABOUT 72 YEARS, OCC: AGRICULTURIST, R/AT NO.G-8351, 4^TH CROSS, GUTTALU COLONY, MANDYA, MANDYA DISTRICT - 571 401.

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…PETITIONER

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(BY SRI. MOHITH R., ADVOCATE FOR SRI. M.B. CHANDRACHOODA, ADVOCATE)

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AND:

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Digitally signed by SHARMA ANAND CHAYA Location: HIGH

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COURT OF KARNATAKA

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THE ASSISTANT COMMISSIONER MANDYA SUB-DIVISION, MANDYA - 571 401.

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THE TAHASILDAR SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571401.

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…RESPONDENTS

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(BY SMT. HEMALATHA V., AGA)

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THIS REVIEW PETITION IS FILED UNDER ORDER XLVII RULE 1 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO REVIEW THE ORDER DATED 30^TH OCTOBER, 2023 PASSED IN WRIT PETITION NO.22524 OF 2023 IN THE INTEREST OF JUSTICE.

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NC: 2025:KHC:36779 RP NO.389 OF 2024

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HC-KAR

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THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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ORAL ORDER

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In this review petition, petitioner is seeking review of the order dated 30^th October, 2023 (Annexure-A) passed in Writ Petition No.22524 of 2023.

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Heard Sri. Mohith R., learned counsel on behalf of Sri. M.B. Chandrachooda, appearing for the petitioner and Smt. Hemalatha V., learned Additional Government Advocate appearing for respondents.

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Sri. Mohith R., learned counsel appearing for the petitioner submitted that, this Court by order dated 30^th October, 2023 (Annexure-A) in Writ Petition No.22524 of 2023, dismissed the petition on the ground that the order impugned in the writ petition i.e., order dated 04^th August, 2015 in Case No.L.R.F.338/2014-15 was passed by the respondent No.1 during the year-2015 and there is a delay in filing the writ petition. In this regard, learned counsel appearing for the petitioner contended that the respondent-Authorities have not

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NC: 2025:KHC:36779 RP NO.389 OF 2024

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HC-KAR

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provided a fair opportunity to the petitioner. Accordingly, he sought for review the order dated 30^th October, 2023.

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Per contra, Smt. Hemalatha V., learned Additional Government Advocate appearing for respondents opposed the review petition and submitted that the petitioner herein was regularly absent from attending the proceedings before the respondent No.1 and therefore, order passed by this Court in writ petition, requires to be confirmed.

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Having heard the learned counsel appearing for the parties and taking into account the fact that the notice in the impugned proceedings before the respondent-Authorities has not be served to the petitioner, I find force in the submission made by learned counsel appearing for the petitioner. Accordingly, Review Petition is allowed. Order dated 30^th October, 2023 passed in Writ Petition No.22524 of 2023 is recalled and writ petition is restored to its original file.

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SD/(E.S.INDIRESH) JUDGE

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ARK List No.: 1 Sl No.: 27

N. Venkatesh v. the Assistant Commissioner

Case brief

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N. Venkatesh v. the Assistant Commissioner

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