The Director vs the State of Karnataka - Court Judgment

SooperKanoon Citationsooperkanoon.com/1551188
CourtKarnataka Orders High Court
Decided OnFeb-25-2026
Case NumberRP/252/2024
JudgeSachin Shankar Magadum
AppellantThe Director
RespondentThe State of Karnataka
Excerpt:
-1-in the high court of karnataka at bengalurudated this the 25th day of february, 2026 before the hon'ble mr. justice sachin shankar magadum review petition no.252 of 2024 between: the director district hospital campus mandya - 571401 …petitioner (by sri.n.jagadish baliga, advocate) and:1. the state of karnatakarepresented by its principal secretary health and family welfare digitally signed (medical education ) by chaithra a dr.ambedkar road location: high court of vidhana soudha karnataka bengaluru - 560 0012. sri.k.d.madegowdas/o desigowda aged about 52 years residing at kammanaikanahalli village taggahalli post kottatti hobli mandya taluk and district-571401 working as public relation officer -2- mandya -571 401 …respondents (sri.n.shivakumar and chethan b.r, advocates for r.2; notice to r.1 is served and unrepresented) this review petition is filed under section 114 r/worder xlvii of the cpc, 1908, praying that this honblecourt be pleased to call for the records in w.p.no.579/2024 (s-res) on the file of the learned single judge, principal bench, high court of karnataka at bengaluru and etc. this petition, coming on for admission, this day,order was made therein as under:coram: hon'ble mr. justice sachin shankar magadumoral orderlearned senior counsel appearing for the respondent no.2 has drawn the attention of this court to certain material documents which, according to him, demonstrate that the present review petition has been instituted without placing all relevant and crucial facts on record. on perusal of the pleadings and the grounds urged in the review petition, this court finds that no case is made out to establish an error apparent on the face of the record warranting exercise of review jurisdiction. the petition -3- appears to have been filed without proper diligence and without full disclosure of material particulars.2. this court was, therefore, of the prima facie viewthat the conduct of the concerned officer, who has initiated and filed the present review petition, required serious consideration, including the possibility of directing a departmental enquiry and imposing exemplary costs.3. at this stage, learned senior counsel appearing for the review petitioner sought leave of this court to withdraw the review petition unconditionally.4. in view of the said submission, the review petitionis dismissed as withdrawn. however, this court deems it appropriate to issue a stern warning to the concerned officer to exercise greater responsibility and circumspection in future while invoking the review jurisdiction of this court. sd/- (sachin shankar magadum) judge nbm list no.: 1 sl no.: 12
Judgment:

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REVIEW PETITION NO.252 OF 2024 BETWEEN: THE DIRECTOR DISTRICT HOSPITAL CAMPUS MANDYA - 571401 …PETITIONER (BY SRI.N.JAGADISH BALIGA, ADVOCATE) AND:

1. THE STATE OF KARNATAKA

REPRESENTED BY ITS PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE Digitally signed (MEDICAL EDUCATION ) by CHAITHRA A DR.AMBEDKAR ROAD Location: HIGH COURT OF VIDHANA SOUDHA KARNATAKA BENGALURU - 560 001

2. SRI.K.D.MADEGOWDA

S/O DESIGOWDA AGED ABOUT 52 YEARS RESIDING AT KAMMANAIKANAHALLI VILLAGE TAGGAHALLI POST KOTTATTI HOBLI MANDYA TALUK AND DISTRICT-571401 WORKING AS PUBLIC RELATION OFFICER -2- MANDYA -571 401 …RESPONDENTS (SRI.N.SHIVAKUMAR AND CHETHAN B.R, ADVOCATES FOR R.2; NOTICE TO R.1 IS SERVED AND UNREPRESENTED) THIS REVIEW PETITION IS FILED UNDER SECTION 114 R/W

ORDER XLVII OF THE CPC, 1908, PRAYING THAT THIS HONBLE

COURT BE PLEASED TO CALL FOR THE RECORDS IN W.P.NO.579/2024 (S-RES) ON THE FILE OF THE LEARNED SINGLE JUDGE, PRINCIPAL BENCH, HIGH COURT OF KARNATAKA AT BENGALURU AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

Learned Senior Counsel appearing for the respondent No.2 has drawn the attention of this Court to certain material documents which, according to him, demonstrate that the present review petition has been instituted without placing all relevant and crucial facts on record. On perusal of the pleadings and the grounds urged in the review petition, this Court finds that no case is made out to establish an error apparent on the face of the record warranting exercise of review jurisdiction. The petition -3- appears to have been filed without proper diligence and without full disclosure of material particulars.

2. This Court was, therefore, of the prima facie view

that the conduct of the concerned Officer, who has initiated and filed the present review petition, required serious consideration, including the possibility of directing a departmental enquiry and imposing exemplary costs.

3. At this stage, learned Senior Counsel appearing for the review petitioner sought leave of this Court to withdraw the review petition unconditionally.

4. In view of the said submission, the review petition

is dismissed as withdrawn. However, this Court deems it appropriate to issue a stern warning to the concerned Officer to exercise greater responsibility and circumspection in future while invoking the review jurisdiction of this Court. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 12