Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-K:2331 WP No. 201094 of 2025
IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.201094 OF 2025 (GM-RES) BETWEEN:
M/S GANGA NURSERY NANDIKOOR CROSS, JEWARGI ROAD, KALABURAGI REPRESENTED BY ITS PROPRIETOR SHRI SIDDPPA S/O MALAPPA PYATI, AGE: 56 YEARS, H.NO.11-1400/17/3/115, MAILARLING NIVAS, AFZALPUR ROAD, BIDDAPPUR COLONY, KALABURAGI – 585 103. …PETITIONER (BY SRI.HULEPPA HEROOR, ADVOCATE) AND:
1.
THE DIRECTOR, LAL BAGH BENGALURU – 560 001.
2.
THE JOINT DIRECTOR HORTICULTURE (Z.P) BADEPUR NURSERY, RAJAPUR ROAD, KALABURAGI – 585 105.
3.
THE DY. DIRECTOR, HORTICULTURE (Z.P) BADEPUR NURSERY, RAJAPUR ROAD, KALABURAGI – 585 105.
Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC-K:2331 WP No. 201094 of 2025
4.
SENIOR ASSISTANT DIRECTOR OF HORTICULTURE (STATE SECTOR ), AIWAN E SHAHI ROAD, KALABURAGI – 585 102.
5.
THE MANAGING DIRECTOR, HOPCOMS, BADEPUR NURSERY, RAJAPUR ROAD, KALABURAGI- 585 105.
…RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS PARTICULARLY THE 4TH RESPONDENT TO DISPOSE OF THE LEGAL NOTICE ISSUED BY THE PETITIONER DATED 26.12.2024 AND LEGAL NOTICE PHYSICALLY SERVED ON THE 4TH RESPONDENT ON 13.02.2025 WHICH IS PLACED AT ANNEXURE-L AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL ORDER (PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)
Heard Sri.Huleppa Heroor learned counsel for the writ petitioner as well as Sri Mallikarjun Sahukar, learned Additional Government Advocate who represents respondent Nos.1 to 4.
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NC: 2025:KHC-K:2331 WP No. 201094 of 2025
2.
Learned counsel for the writ petitioner submits that petitioner is the proprietor of M/s Ganga Nursery, Kalaburagi and he is a qualified graduate in Horticulture. The petitioner was entrusted with maintenance work of horticulture in the High Court premises. A work order to that effect was issued on 30.06.2018. Respondent No.4 also issued an unsigned letter directing the petitioner to carry out the work of maintenance of garden, etc., in the High Court complex. Bills for performing duties were raised. However, respondent Nos.1 to 4 have not taken any steps for payment of amount which is due to the petitioner. Though legal notice was issued, there is no reply. Learned counsel states that respondent Nos.1 to 4 be directed to honour the bills.
3. Learned Additional Government Advocate submits that petitioner did not submit any representation to respondent Nos.1 to 4 vindicating his grievance till now.
4. In reply to the said submission, learned counsel for the writ petitioner contends that legal notice was
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NC: 2025:KHC-K:2331 WP No. 201094 of 2025
issued and if the Court directs, he will submit a fresh representation.
5. Having considered the submissions thus made, this Court is of the view that the writ petition can be
disposed of directing the petitioner to submit a representation to respondent No.4 duly mentioning all the details of the work done and the amount due. The Court considers desirable to direct respondent No.4 to look into the issue, consider the representation of the petitioner and pass necessary orders in accordance with law time bound.
6. Therefore, the writ petition is disposed of with the following:
ORDER i. Petitioner to submit representation to Respondent No.4 enclosing all the relevant documents within two weeks. ii. Respondent No.4 to consider the representation and pass necessary orders
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NC: 2025:KHC-K:2331 WP No. 201094 of 2025
within three weeks from the date of receipt of such representation. iii. The decision taken be communicated to the petitioner.
Sd/- (Dr.CHILLAKUR SUMALATHA) JUDGE
VNR List No.: 1 Sl No.: 14 CT:NI