Sri Hemanth Kumar S Vs the Principal Chief Conservator of Forests

SRI KUMAR B.N. S/O. NARAYANA GOWDA AGED ABOUT 34 YEARS WORKING AS DEPUTY RANGE FOREST OFFICER MATADAKAVAL SECTION, K.R. NAGARA RANGE HUNASURU TERRITORY DIVISION.

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RESIDING AT BYADARAHALLI VILLAGE HEBBALU HOBLI K.R. NAGARA TALUK MYSURU-571 602.

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SRI MADHUSUDAN B. S/O. BANGARA N. AGED ABOUT 31 YEARS WORKING AS DEPUTY RANGE FOREST OFFICER KOPPA SECTION, PERIYAPATTANA RANGE HUNASURU TERRITORIAL RANGE MYSURU DIVISION. RESIDING AT RAMAKRISHNA NAGARA MYSURU.

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SRI ABHILASH H.S. S/O. SANGAPPA AGED ABOUT 31 YEARS WORKING AS DEPUTY RANGE FOREST OFFICER HUNASAHALLI SECTION SARAGURU TERRITORIAL RANGE. RESIDING AT CHANNAMMA RANGE GOWDA NEAR MARUTHI RICE MILL KALAKULKEE, HUNASURU TALUK MYSURU.

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SRI SACHIN C. S/O. H.T. CHANDRASHEKAR AGED ABOUT 26 YEARS WORKING AS DEPUTY RANGE FOREST OFFICER AGASANAHUNDI SECTION VEERANAHOSAHALLI, WILD LIFE RANGE HUNSURU WILD LIFE DIVISION HUNSURU, MYSURU DISTRICT. RESIDING AT NO.1213 GANESHA TEMPLE ROAD HUNASURU-571 105 MYSURU.

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SRI MANJUNATHARADHYA S. S/O. SIDDARAJU S.P. AGED ABOUT 29 YEARS WORKING AS DEPUTY RANGE FOREST OFFICER APC SECTION ANTHARASANTHE WILDLIFE RANGE HUNSURU WILDLIFE DIVISION.

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RESIDING AT FOREST QUARTERS ANTHARASANTHE, HUNSURU DIVISION MYSURU DISTRICT.

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…PETITIONERS

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(BY SRI P.S. RAJAGOPAL, SENIOR COUNSEL, FOR

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SRI B.O. ANIL KUMAR, ADVOCATE)

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AND:

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THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (HEAD OF THE FOREST FORCE) ARANYA BHAVAN, 18TH CROSS MALLESHWARAM BENGALURU-560 003.

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THE CHIEF CONSERVATOR OF FORESTS MYSURU CIRCLE MYSURU-570 008.

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SRI H.S. SHIVARAJU S/O. SIDDAIAH AGED ABOUT 50 YEARS WORKING AS DEPUTY RANGE FOREST OFFICER NAGAMANGALA RANGE MANDYA DIVISION.

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RESIDING AT NO.63 MATRUSHRI NILAYA, 1ST STAGE KHB COLONY, MANDYA.

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SRI SIDDARAJU D. S/O. C.R. DODDAIAH AGED ABOUT 47 YEARS WORKING AS DEPUTY RANGE FOREST OFFICER O/O. THE JOINT DIRECTOR OF AGRICULTURE MYSURU-570 001.

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RESIDENT OF NO.2, 2ND MAIN 2ND CROSS, BLOCK NO.33 RAJKUMAR ROAD, SHABRINAGAR MYSURU.

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SRI VIJAYA KUMAR T.E. AGED ABOUT 43 YEARS S/O. LATE T.N. ERAPPA DEPUTY RANGE FOREST OFFICER GREENING URBAN RANGE MYSURU.

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RESIDENT OF NO.3 BELUPATHNA NILAYA, GIRIDARSHINI LAYOUT MYSURU.

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…RESPONDENTS

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(BY SRI MANJUNATH B., A.G.A., FOR R-1 AND R-2, AND SRI NITIN RAMESH, ADVOCATE, FOR R-3 TO R-5)

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THIS REVIEW PETITION IS FILED UNDER ORDER 47, RULE 1 OF THE C.P.C. READ WITH SECTION 114 OF THE C.P.C., PRAYING TO REVIEW THE ORDER DATED 24-5-2022 PASSED BY THIS HON'BLE COURT IN W.P. NO.21608 OF 2021 (S-KSAT).

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IN W.P. NO.24166/2021

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BETWEEN:

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SRI HEMANTH KUMAR S. S/O. SUBRAMANYA J. AGED ABOUT 33 YEARS WORKING AS DEPUTY RANGE FOREST OFFICER SOCIAL FORESTRY RANGE H.D. KOTE RANGE, MYSURU DIVISION.

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RESIDING AT NO.C 3-12 BEECHANAHALLI VILLAGE H.D. KOTE TALUK, MYSURU DISTRICT.

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SRI MANJU G. S/O. LATE GURUMALLAIAH AGED ABOUT 34 YEARS WORKING AS DEPUTY RANGE FOREST OFFICER MYSURU DIVISION.

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RESIDING AT DODDABAGILU VILLAGE SOSALE HOBLI, T. NARASIPURA TALUK MYSURU.

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SRI KUMAR B.N. S/O. NARAYANA GOWDA AGED ABOUT 34 YEARS WORKING AS DEPUTY RANGE FOREST OFFICER MATADAKAVAL SECTION, K.R. NAGARA RANGE HUNASURU TERRITORY DIVISION.

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RESIDING AT BYADARAHALLI VILLAGE HEBBALU HOBLI K.R. NAGARA TALUK MYSURU-571 602.

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SRI MADHUSUDAN B. S/O. BANGARA N. AGED ABOUT 31 YEARS WORKING AS DEPUTY RANGE FOREST OFFICER KOPPA SECTION, PERIYAPATTANA RANGE HUNASURU TERRITORIAL RANGE MYSURU DIVISION.

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RESIDING AT RAMAKRISHNA NAGARA MYSURU.

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SRI ABHILASH H.S. S/O. SANGAPPA AGED ABOUT 31 YEARS WORKING AS DEPUTY RANGE FOREST OFFICER HUNASAHALLI SECTION SARAGURU TERRITORIAL RANGE.

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RESIDING AT CHANNAMMA RANGE GOWDA NEAR MARUTHI RICE MILL KALAKULKEE, HUNASURU TALUK MYSURU.

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SRI SACHIN C.

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S/O. H.T. CHANDRASHEKAR

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AGED ABOUT 26 YEARS WORKING AS DEPUTY RANGE FOREST OFFICER AGASANAHUNDI SECTION VEERANAHOSAHALLI, WILD LIFE RANGE HUNSURU WILD LIFE DIVISION HUNSURU, MYSURU DISTRICT.

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RESIDING AT NO.1213 GANESHA TEMPLE ROAD HUNASURU-571 105 MYSURU.

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SRI MANJUNATHARADHYA S. S/O. SIDDARAJU S.P. AGED ABOUT 29 YEARS WORKING AS DEPUTY RANGE FOREST OFFICER APC SECTION ANTHARASANTHE WILDLIFE RANGE HUNSURU WILDLIFE DIVISION.

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RESIDING AT FOREST QUARTERS ANTHARASANTHE, HUNSURU DIVISION MYSURU DISTRICT.

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…PETITIONERS

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(BY SRI P.S. RAJAGOPAL, SENIOR COUNSEL, FOR SRI B.O. ANIL KUMAR, ADVOCATE)

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AND:

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SRI H.S. SHIVARAJU S/O. SIDDAIAH AGED ABOUT 49 YEARS WORKING AS DEPUTY RANGE FOREST OFFICER NAGAMANGALA RANGE MANDYA DIVISION.

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RESIDING AT NO.63 MATRUSHRI NILAYA, 1ST STAGE KHB COLONY MANDYA.

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SRI SIDDARAJU D. S/O. C.R. DODDAIAH AGED ABOUT 46 YEARS WORKING AS DEPUTY RANGE FOREST OFFICER O/O. THE JOINT DIRECTOR OF AGRICULTURE MYSURU-570 001.

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RESIDENT OF NO.2, 2ND MAIN 2ND CROSS, BLOCK NO.33 RAJKUMAR ROAD, SHABRINAGAR MYSURU.

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SRI VIJAYA KUMAR T.E. AGED ABOUT 43 YEARS S/O. LATE T.N. ERAPPA DEPUTY RANGE FOREST OFFICER GREENING URBAN RANGE MYSURU.

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RESIDENT OF NO.3, BELUPATHNA NILAYA GIRIDARSHINI LAYOUT MYSURU.

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THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (HEAD OF THE FOREST FORCE) ARANYA BHAVAN, MALLESHWARAM BENGALURU-560 003.

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THE CHIEF CONSERVATOR OF FORESTS MYSURU CIRCLE MYSURU-570 008.

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...RESPONDENTS

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(BY SRI GIRI KUMAR S.V. AND SRI NITIN RAMESH, ADVOCATES, FOR R-1 TO R-3, AND SRI MANJUNATH B., A.G.A., FOR R-4 AND R-5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 30-6-2021 IN APPLICATION NOS.2522-2524 OF 2020 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL (ANNEXURE-A) AND CONSEQUENTLY, DISMISS THE APPLICATION.

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THESE PETITIONS ARE COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE VENKATESH NAIK T

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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The present review petition has been filed seeking

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review of the judgment and order dated 24.05.2022 passed by the Division Bench of this Court in Writ Petition No.21608 of 2021 (S-KSAT) filed by the Principal Chief Conservator of Forests against the order dated 30.06.2021 passed by the Karnataka Administrative Tribunal, Bengaluru, in Application Nos.2522 to 2524 of 2020.

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Sri P.S. Rajagopal, learned Senior counsel, assisted by Sri B.O. Anil Kumar, learned counsel appearing for the petitioners, submits that the petitioners were not parties before the Karnataka Administrative Tribunal in the proceedings of Application Nos.2522 to 2524 of 2020. Initially, the challenge was made to the provisional

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seniority list dated 03.07.2020 and later, on publication of the final seniority list, the prayer was amended and challenge was made to the final seniority list dated 30.07.2020. It is submitted that the objections were not properly considered by the Competent Authority before the publication of the final seniority list. He, therefore, submits that there has been an error apparent on the face of the record in the judgment and order dated 24.05.2022 passed by the Division Bench of this Court in Writ Petition No.21608 of 2021 (S-KSAT), which requires review.

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On the other hand, Sri Manjunath B., learned Additional Government Advocate appearing for respondent Nos.1 and 2, submits that the scope of review under Article 226 of the Constitution of India, 1950, against a judgment passed in writ petition is very limited. There has to be an error apparent on the face of the record. He further submits that the review petition ought to have been filed within a period of thirty days, however, the review petition was filed after the delay of 165 days.

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We have considered the submissions of both the

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parties.

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So far as the submission of the learned Additional Government Advocate that the scope of review is very limited, i.e. an error apparent on the face of the record is concerned, we fully subscribe to the submission of the learned Additional Government Advocate.

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So far as the delay in filing the review petition is concerned, the delay is not enormous, which would be enough to throwaway the review petitioners on the threshold. Moreover, the delay has already been condoned by this Court vide order dated 18.12.2024.

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This Court after considering the admission made by the learned High Court Government Pleader that the objections were received from the respondents and others and therefore, this Court directed the Competent Authority to re-do the exercise of drafting up of the final seniority

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list after considering the objections preferred by the

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candidates/respondents.

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Once this Court has directed for consideration of the objections to the final seniority list, we do not find that the petitioners would get prejudiced in any manner. If the petitioners have any objections to the final seniority list that has been opened up for review after taking into consideration the objections, the petitioners may also file their objections, if any. Therefore, we do not find any error apparent on the face of the record which requires review of the judgment and order dated 24.05.2022 passed by the Division Bench of this Court in Writ Petition No.21608 of 2021 (S-KSAT). We, therefore, dismiss the review petition.

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It is made clear that the Competent Authority shall consider the objections filed against the final seniority list as directed by this Court in Writ Petition No.21608 of 2021 (S-KSAT) on their own merits without being influenced by

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