SHIVAJI S/O MEGU RATHOD AND ORS v. THE STATE OF KARNATAKA AND ORS
WP/202463/2022 · 2025-04-04
Sachin Shankar Magadum
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11341 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11341 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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WP NO.200051 of 2023 AND CONNECTED MATTERS
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
DATED THIS THE 4TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.200051 OF 2023 C/W WRIT PETITION NO.202463 OF 2022, WRIT PETITION NO.202464 OF 2022, WRIT PETITION NO.202465 OF 2022, WRIT PETITION NO.202467 OF 2022
IN WP NO.200051 OF 2023:
BETWEEN:
VEERESH AVAJIGOUDRA S/O. SANGANGOUDA AVAJIGOUDRA, AGE: 35 YEARS, OCC: LICENSED SURVEYOR, R/O. RAJANAKOLLUR, UKP CAMP, YADGIR-585291. …PETITIONER (BY SRI. BANDI DAYANAND MAHOHAR AND SRI. SUDARSHAN M., ADVOCATES)
AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S.BUILDING, BENGALURU, REPRESENTED BY PRINCIPAL SECRETARY-560002.
2. THE COMMISSIONER SURVEY SETTLEMENT AND LAND RECORDS, K.R.CIRCLE, BENGALURU-560001.
3. THE DEPUTY DIRECTOR SURVEY SETTLEMENT AND LAND RECORDS, VIJAYAPUR DISTRICT-586101.
Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.04.23 14:18:48 +0530
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WP NO.200051 of 2023 AND CONNECTED MATTERS
4. THE ASSISTANT DIRECTOR OF LAND RECORDS, VIJAYAPURA TALUKA, DISTRICT: VIJAYAPURA-586101.
5. ADDITIONAL DIRECTOR DEPARTMENT OF LAND SURVEY AND REVENUE SETTLEMENT, BENGALURU-560002.
6. JOINT DIRECTOR (PRINCIPAL) REGIONAL LAND SURVEY TRAINING INSTITUTION, KALABURGI, DIST: KALBURGI-585102. ….RESPONDENTS (BY SMT. MAYA T.RAJANNA, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER ORDER OR IN THE FORM OF DIRECTION TO QUASH THE SUSPENSION ORDER DATED 25.04.2022 BEARING NO.KRASAM/SIBBANDI/SHISTU/23 PASSED BY RESPONDENT NO.3 VIDE ANNEXURE-C AND TO QUASH THE
ORDER BEARING NO.SSLR/PMU/13011/159/2022 DATED 29.07.2022 PASSED BY RESPONDENT NO.5 VIDE ANNEXURE-E IN SO FAR AS THE PETITIONER IS CONSERNED (SERIAL NO.1 IN THE ORDER) IN THE INTEREST OF JUSTICE AND EQUITY. IN WP NO.202463 OF 2022:
BETWEEN
1. SHIVAJI S/O. MEGU RATHOD AGE: 37 YEARS, OCC: LICENSED SURVEYOR, R/O. 1,1, LT2, HORTI INDI TALUKA, DIST. VIJAYAPURA 586117
2. SARFARAJ S/O. SIKANDAR BAGALKOTE AGE: 35 YEARS, OCC: LICENSED SURVEYOR, R/O. RAMANGAR ROAD WARD NO. 8, YAJALAXMI NAGAR BUS STAND, KANNAN NAGAR, VIJAYAPURA-586109. - 3 -
WP NO.200051 of 2023 AND CONNECTED MATTERS
3. PRAVEEN S/O. SHARANAPPA TALWAR AGE: 31 YEARS, OCC: LICENSED SURVEYOR, R/O. A/POST MULSAVALGI, TQ AND DIST: VIJAYAPURA-586127. 4. MANUNATH KUMBAR S/O. SUBHAS KUMBAR, AGE: 27 YEARS, OCC: LICENSED SURVEYOR, R/O. NAGARAL TQ. BAGALKOT, DIST: BAGALKOT-587113. 5. RAJAKUMAR S/O. SIDDAPPA LONI AGE: 42 YEARS, OCC: LICENSED SURVEYOR, R/O. SHIRANAHALLI, TQ. INDI, DIST: VIJAYAPURA-586117. 6. MITHUN S/O. KANTU CHAVAN AGE: 27 YEARS, OCC: LICENSED SURVEYOR, R/O. VILLAGE BUGATAGERE-1, POST: SALOTGI, TQ: INDI, DIST: VIJAYAPURA-586217. 7. THIPPANNA S/O. SHIVAPPA SAVADI AGE: 45 YEARS, OCC: LICENSED SURVEYOR, R/O: 156, KUMBAR ONI, DHARWAD-580008. 8. MAHESH STHAWARMATH S/O. GOWRISHANKAR STHWARMATH, AGE: 38 YEARS, OCC: LICENSED SURVEYOR, R/O. KANNOLI VILLAGE, VIJAYAPURA-586115. 9. RAMESH S/O. CHANDRAM PUJARI AGE: 38 YEARS, OCC: LICENSED SURVEYOR, R/O. GORNAL, TQ: SINDHAGI, VIJAYAPURA-586115. ...PETITIONERS (BY SRI. BANDI DAYANAND MAHOHAR AND SRI. SUDARSHAN M., ADVOCATES)
AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S.BUILDING, BENGALURU, REPRESENTED BY PRINCIPAL SECRETARY. - 4 -
WP NO.200051 of 2023 AND CONNECTED MATTERS
2. THE COMMISSIONER SURVEY SETTLEMENT AND LAND RECORDS, K.R.CIRCLE, BENGALURU-560001. 3. THE DEPUTY DIRECTOR SURVEY SETTLEMENT AND LAND RECORDS, VIJAYAPURA DISTRICT-586101. 4. THE ASSISTNAT DIRECTOR OF LAND RECORDS INDI TALUKA, DISTRICT: VIJAYAPURA-586101. 5. THE ASSISTANT DIRECTOR OF LAND RECORDS CHADACHAN TALUKA, DISTRICT: VIJAYAPURA-586101. 6. THE ASSISTANT DIRECTOR OF LAND RECORDS MUDDEBIHAL TALUKA, DISTRICT: VIJAYAPURA-586101. 7. THE ASSISTANT DIRECTOR OF LAND RECORDS SINDHAGI TALUKA, DISTRICT VIJAYAPURA-586101. 8. THE ASSISTANT DIRECTOR OF LAND RECORDS TALIKOTE TALUKA, DISTRICT VIJAYAPURA
9. ADDITONAL DIRECTOR DEPARTMENT OF LAND SURVEY AND REVENUE SETTLEMENT, BENGALURU-02. 10. JOINT DIRECTOR (PRINCIPAL) REGIONAL LAND SURVEY TRAINING INSTITUTION KALABURAGI, DIST: KALABURGI-585102. …RESPONDENTS (BY SMT. MAYA T.RAJANNA, HCGP)
THIS WRIT PETITION FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA, BY THE ADVOCATE FOR PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO, ISSUE WRIT OF CERTIORARI OR ANY OTHER ORDER OR IN THE FORM OF DIRECTION TO QUASH THE ORDER BEARING NO.
SSLR/PMU/13011/159/2022 DATED 29.07.2022 PASSED BY THE 9TH RESPONDENT VIDE ANNEXURE-H TO THE WRIT PETITION IN SO FAR AS THE PETITIONERS ARE CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. - 5 -
WP NO.200051 of 2023 AND CONNECTED MATTERS
IN WP NO.202464 OF 2022:
BETWEEN
1. MAHESH S/O. NEELAKANTHAPPA KURUVINSHETTY, AGE: 33 YEARS, OCC: LICENSED SURVEYOR, R/O. AT POST. BELLATI, TQ. AND DIST: VIJAYAPURA-586102. 2. RAJASHEKHAR SAJJAN S/O. SHIVASHARANAPPA SAJJAN, AGE: 44 YEARS, OCC: LICENSED SURVEYOR, R/O. “SHIVA KRUPA” BEHIND STATION ROAD, VIJAYAPURA-586104. ...PETITIONERS (BY SRI. BANDI DAYANAND MAHOHAR AND SRI. SUDARSHAN M., ADVOCATES)
AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, MS BUILDING, BENGALURU, REPRESENTED BY, PRINCIPAL SECRETARY-560001. 2. THE COMMISSIONER SURVEY SETTLEMENT AND LAND RECORDS, KR CIRCLE, BENGALURU-560001. 3. THE DEPUTY DIRECTOR SURVEY SETTLEMENT AND LAND RECORDS, VIJAYAPUR DISTRICT-586101. 4. THE ASSISTANT DIRECTOR OF LAND RECORDS SINDHAGI TALUKA, DISTRICT: VIJAYAPURA-586128. 5. THE ASSISTANT DIRECTOR OF LAND RECORDS VIJAYAPUR TALUKA, DISTRICT: VIJAYAPURA-586101. 6. ADDITIONAL DIRECTOR DEPARTMENT OF LAND SURVEY AND REVENUE SETTLEMENT BENGALURU-560001. - 6 -
WP NO.200051 of 2023 AND CONNECTED MATTERS
7. JOINT DIRECTOR (PRINCIPAL) REGIONAL LAND SUVEY TRAINING INSTITUTION, KALABURAGI, DIST: KALABURAGI-585101. …RESPONDENTS (BY SMT. MAYA T.RAJANNA, HCGP)
THIS WRIT PETITION FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT OF CERTIORARI OR ANY OTHER ORDER OR IN THE FORM OF DIRECTION TO QUASH THE SUSPENSION ORDERS DATED 22/04/2022 BEARING THEIR RESPECTIVE NO. KRASAM/SIBBANDI/SHISTU/01/2022-23 AND KRASAM/SIBBANDI/SHISTU/03/2022-23, PASSED BY RESPONDENT NO.3 VIDE ANNEXURE-E AND G TO THE WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. IN WP NO.202465 OF 2022:
BETWEEN
1. SHIVANAND BIRADAR S/O. SHANTGOUDA BIRADAR, AGE: 27 YEARS, OCC: LICENSED SURVEYOR, POST OTHIHAL, SINDHAGI, DIST: VIJAYAPURA-586115. 2. RAGHU K.M S/O. MANJEGOWDA K T AGE: 42 YEARS, OCC: LICENSED SURVEYOR, R/O. AT POST: KAKKEHALLI, TQ. AND DIST: VIJAYAPURA-573111. 3. SANTOSH CHABANUR S/O. NANAGOUDA CHABANUR, AGE: 28 YEARS, OCC: LICENSED SURVEYOR, R/O. GOLAGERI, SINDHAGI, VIJAYAPURA-586128. 4.
JANAPPA BADIGER S/O. KASAPPA BADIGER AGE: 32 YEARS, OCC: LICENSED SURVEYOR, R/O. REVANAGI, VIJAYAPURA-586127. ...PETITIONERS (BY SRI. BANDI DAYANAND MAHOHAR AND SRI. SUDARSHAN M., ADVOCATES)
AND:
1. THE STATE OF KARNATAKA
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WP NO.200051 of 2023 AND CONNECTED MATTERS
DEPARTMENT OF REVENUE, MS BUILDING, BENGALURU-560001, REPRESENTED BY PRINCIPAL SECRETARY. 2. THE COMMISSIONER SURVEY SETTLEMENT AND LAND RECORDS, KR CIRCLE, BENGALURU-560001. 3. THE DEPUTY DIRECTOR SURVEY SETTLEMENT AND LAND RECORDS, VIJAYAPUR DISTRICT-586101. 4. THE ASSISTANT DIRECTOR OF LAND RECORDS SINDHAGI TALUKA, DISTRICT: VIJAYAPURA-586101. 5. THE ASSISTANT DIRECTOR OF LAND RECORDS CHADACHAN TALUKA, DISTRICT: VIJAYAPURA-586205. 6. ADDITIONAL DIRECTOR DEPARTMENT OF LAND SURVEY AND REVENUE SETTLEMENT, BENGALURU-560001. 7. JOINT DIRECTOR (PRINCIPAL) REGIONAL LAND SURVEY TRAINING INSTITUTION KALABURAGI, DIST: KALABURAGI-585101. ...RESPONDENTS (BY SMT. MAYA T.RAJANNA, HCGP)
THIS WRIT PETITION FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT OF CERTIORARI OR ANY OTHER ORDER OR IN THE FORM OF DIRECTION TO QUASH ORDER BEARING NO. SSLR/PMU/13011/159/2022 DATED 29.07.2022 PASSED BY THE 6TH RESPONDENT VIDE ANNEXURE F TO THE WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. IN WP NO.202467 OF 2022:
BETWEEN:
1. VAMANARAO S/O. SIDDANAGOUDA PATIL, AGE: 32 YEARS, OCC: LICENSED SURVEYOR, R/O. AT POST. SHIVANAGI, DIST: VIJAYAPURA-586117. - 8 -
WP NO.200051 of 2023 AND CONNECTED MATTERS
2. SIDDAPPA S/O. SHARANAPPA DEVOOR AGE: 31 YEARS, OCC: LICENSED SURVEYOR, R/O. TAMBA VILLAGE, VIJAYAPURA-586215. 3. ANIL S/O. ARVIND KULAKARNI AGE: 58 YEARS, OCC: LICENSED SURVEYOR, R/O. A/POST. SALOTAGI, TQ. AND DIST: VIJAYAPURA-586217. 4. CHANNABASAPPA PEERAPUR S/O. HANUMANTHGOUDA PEERAPUR, AGE: 30 YEARS, OCC: LICENSED SURVEYOR, R/O. NADAHALLI, POST. VANAHALLI, TQ: MUDDEBIHAL, DIST: VIJAYAPURA-586116. 5. SANGAMESH S/O. SHARANAPPA BIRADAR AGE: 39 YEARS, OCC: LICENSED SURVEYOR, R/O. AT POST. SHIVANAGI, DIST: VIJAYAPUR-586127. 6. SOMASHEKHAR S/O. PRABHULING NAVI AGE: 30 YEARS, OCC: LICENSED SURVEYOR, R/O. KANNUR, VIJAYAPURA-586119. 7. SIDDARAM S/O. NAGAPPA UMARJI AGE: 28 YEARS, OCC: LICENSED SURVEYOR, R/O. SIDDESHWAR NILAYA, BIRAPPA NAGAR, INDI, VIJAYAPUR-586209. 8. KIRAN S/O. JAGANNATH RATHOD AGE: 27 YEARS, OCC: LICENSED SURVEYOR, R/O. LT. 02, HORTI INDI, VIJAYAPUR-586117. 9.
APPASAHEB PATIL S/O. SHIVANAGOUDA PATIL AGE: 58 YEARS, OCC: LICENSED SURVEYOR, R/O. NANDARAGI, INDI, VIJAYAPURA-586117. 10. SUNIL S/O. SRISHAIL PADASHETTY AGE: 29 YEARS, OCC: LICENSED SURVEYOR, R/O. KERUTAGI, TQ: SINDHAGI, VIJAYAPURA-586118. ...PETITIONERS (BY SRI. BANDI DAYANAND MAHOHAR AND SRI. SUDARSHAN M., ADVOCATES)
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WP NO.200051 of 2023 AND CONNECTED MATTERS
AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, MS BUILDING, BENGALURU-560001, REPRESENTED BY PRINCIPAL SECRETARY. 2. THE COMMISSIONER SURVEY SETTLEMENT AND LAND RECORDS, KR CIRCLE, BENGALURU-560001. 3. THE DEPUTY DIRECTOR SURVEY SETTLEMENT AND LAND RECORDS, VIJAYAPURA DISTRICT-586101. 4. THE ASSISTANT DIRECTOR OF LAND RECORDS INDI TALUKA, DISTRICT: VIJAYAPURA-586101. 5. THE ASSISTANT DIRECTOR OF LAND RECORDS CHADACHAN TALUKA, DISTRICT: VIJAYAPURA-586101. 6. THE ASSISTANT DIRECTOR OF LAND RECORDS MUDDEBIHAL TALUKA, DISTRICT: VIJAYAPURA-586212. 7. THE ASSISTANT DIRECTOR OF LAND RECORDS SINDAGI TALUKA, DISTRICT: VIJAYAPURA-586101. 8. THE ASSISTANT DIRECTOR OF LAND RECORDS VIJAYAPURA TALUKA, DISTRICT: VIJAYAPURA-586101. 9. ADDITIONAL DIRECTOR DEPARTMENT OF LAND SURVEY AND REVENUE SETTLEMENT, BENGALURU-560001. 10. JOINT DIRECTOR (PRINCIPAL) REGIONAL LAND SURVEY TRAINING INSTITUTION KALABURAGI, DIST: KALABURAGI-585101. …RESPONDENTS (BY SMT. MAYA T.RAJANNA, HCGP)
THIS WRIT PETITION FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER BEARING NO.SSLR/PMU/13011/159/2022 DATED 29/07/2022 PASSED BY THE 9TH RRESPONDENT VIDE ANNEXURE-Q TO THE WRIT PETITION IN SO FAR AS THE PETITIONERS ARE CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. - 10 -
WP NO.200051 of 2023 AND CONNECTED MATTERS
THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON 27.03.2025, COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
CAV ORDER
Captioned petitions are filed by the licensed surveyors who are aggrieved by order of suspensions issued to respective petitioners vide Annexures-D1 to 5 and Annexures-D6 to 9, issued by respondent No.3 on the premises that petitioners have failed to upload any cases. Petitioner Nos.1 to 3 are suspended vide Ex.D1 to D3 dated 10.05.2024. Similarly, petitioners Nos.4 to 5 are suspended on the premises that they have only uploaded 4 and 5 cases respectively. Petitioner No.6 is suspended on the premises that he has uploaded only 4 cases and he is placed under suspension as per order dated 25.4.2022 evidenced at Annexure-D6. Similarly petitioner No.7 is suspended on premises that he has only uploaded 8 cases. While petitioner No.8 is suspended with allegation that he has uploaded only 2 cases, similarly petitioner No.9 is
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suspended with allegation that he has uploaded only 2 cases.
2.
Learned counsel for petitioner reiterating the grounds urged in the petition would point out that petitioners are selectively targeted as they had displayed their protest demanding certain facilities as surveyor and hike in pay to perform Hadabast cases. Learned counsel has taken this court through documents to substantiate that demands were made evidenced at Annexures-C1 and C2. 3. Referring to Annexure-J, learned counsel would point out that impugned order is passed with mala-fides, wherein Assistant Director of Land Records has sent a communication dated 19.04.2022 to Deputy Director of Land Records. Under this communication, action is sought against erring survey officials, however no action is contemplated against those erring officials. While questioning the suspension order, Petitioner’s counsel has placed reliance on Document No.1 in W.P.No.202463/2022 along with memo dated 05.12.2024. Along with memo a
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circular dated 23.03.2018 issued by Commissioner of department of Survey Settlement and land records is relied on to demonstrate that said authority has clearly specified that uploading less than prescribed cases shall result in proportionately lesser remuneration and suspension would be unwarranted. He would also place reliance on document Nos.2 and 3 produced along with memo dated 05.12.2024 indicating that similar action taken against 2 licensed surveyors along with petitioners were withdrawn and they were again put back to work. Similarly, document No.4 is produced to substantiate that one Mahesh Pallad who was suspended and sent to rejenuvation training, failed in the same but was again put back to work by recalling the suspension order. 4. To demonstrate mala-fides against these petitioners, counsel referred to medical records produced at Annexure-D2. Learned counsel referring to this document would point out that petitioner No.1 on medical grounds had already sent a letter dated 24.03.2020 to deactivate his login account. He would further point out
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that Assistant Director of Land Records on the same day had written a letter to Deputy Director of Land Records to deactivate login account of petitioner No.1. Referring to all these relevant records, he would point out that though all the petitioners had uploaded their respective cases accomplished, however contrary to records the authority has issued suspension order on the ground that all the petitioners are guilty of not uploading the requisite number. 5.
Per contra learned AGA while countering the petitioners’ claim has filed synopsis and also placed reliance on notification dated 26.11.2013. 6. Before this Court delves into the matter, this court finds it necessary to take cognizance of Circular dated 23.3.2018 (Document No.1 in W.P.No.202463/2022), which is produced along with memo dated
05.12.2024. The circular issued by Commissioner Department of Survey and Settlement of Land Records very clearly specifies that uploading less
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than prescribed cases will result in proportionately lesser remuneration and not suspension. 7. This Court deems it relevant to produce below a comparison table detailing the number of cases alleged to have been uploaded and the number of cases uploaded by the petitioners as per records. Petitioner No. Cases alleged to have been uploaded Cases uploaded as per records Petitioner No.1 0 24 Petitioner No.2 0 24 Petitioner No.3 0 20 Petitioner No.4 4 16 Petitioner No.5 5 16 Petitioner No.6 4 5 (including march surplus) Petitioner No.7 8 12 (including march surplus) Petitioner No.8 2 10 (including march surplus) Petitioner No.9 2 9 (including march surplus)
8. Except for Petitioner Nos.6 and 9, all other petitioners have uploaded more than ten survey cases. Petitioner No.6 was assigned only two cases in April-2022. - 15 -
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However, he has been placed under suspension on the ground that he uploaded five cases, exceeding the number officially allotted to him for that month. Petitioner No.6, in his defense, asserts that he uploaded a total of five cases, including surplus cases carried forward from March 2022. The records substantiate his claim and further indicate that Petitioner Nos.1 to 3 have uploaded 24, 24, and 20 cases, respectively. Similarly, Petitioner Nos.4 and 5 have each uploaded 16 cases each. Petitioner No.7, despite being allotted only three cases in April 2022, has uploaded 18 cases, justifying the surplus of nine cases as carried forward from March 2022. 9. Likewise, Petitioner No.8 has uploaded ten cases, which also includes surplus cases from March 2022.
Petitioner No.9, on the other hand, has uploaded nine cases but has been placed under suspension on the ground that he was expected to upload only two cases. The data available in the records, as detailed in Annexure-E series, provides documentary evidence of the survey cases successfully completed and uploaded by each
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petitioner. This clearly reflects that the surplus cases uploaded by various petitioners were cases carried forward from the previous month and should not be construed as an unauthorized act. 10. Furthermore, the circular dated 23.03.2018 explicitly stipulates that uploading a lesser number of cases than the allotted quota shall not result in suspension. This Court has observed that the petitioners have been subjected to selective and arbitrary action, which amounts to clear discrimination against them when compared to other similarly placed licensed surveyors. The documentary evidence produced along with the memo dated 05.12.2024, particularly Document Nos.2 and 3, demonstrates that while similar actions against other surveyors were withdrawn, and they were permitted to resume their work, the present petitioners have been unfairly singled out for punitive action. Such discriminatory treatment violates the principles of fairness and equal treatment under the law. - 17 -
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11. Additionally, some of the petitioners have submitted leave letters requesting the competent authority to deactivate their login accounts temporarily due to their inability to perform survey-related work. This is evidenced at Annexure-D1. These requests were duly accepted, as documented in Annexures-D3 and D4. Despite this, the Deputy Director of Land Records (DDLR) has arbitrarily suspended Petitioner No.1 without assigning any specific allegation or valid reason. This action is not only unwarranted but also contrary to the procedural safeguards established by law. 12. Moreover, following the issuance of the suspension orders, the petitioners were instructed to attend a one-day training program pursuant to the order dated 14.07.2022.
The petitioners have rightly pointed out that this mandatory training was completely unwarranted. As per established norms, such training is required only in cases where the performance of a licensed surveyor is deemed unsatisfactory. In the present case, there is no factual basis to justify such an imposition, making the
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decision arbitrary and unjust. The petitioners contend that subjecting them to training post-suspension serves no rational purpose and appears to be a mere formality imposed without due consideration of their work record. 13. On closer look at the records, this Court is more than satisfied that this entire exercise of subjecting petitioners to training is clearly tainted with an oblique motive. If a survey officer is again subjected to training, discretion vests with authority as to whether the surveyor is eligible to be considered afresh. It is in this background this court opines that contrary to the cases uploaded which is indicated in the table at para 7, respondent authority has placed petitioners under suspension only to see to that petitioners have to again undergo the training format to be reconsidered to the post of survey. This exercise is tainted with maladies and orders of suspension are liable to be set aside. In the first place, authority was not justified in suspending the petitioners under the garb that they have uploaded lesser than prescribed cases. Suspension is also contrary to circular dated 23.03.2018
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which specifies that uploading lesser than prescribed cases will only attract a proportionate reduction in payment and not suspension. Even on this count, the orders of suspension are not sustainable and is liable to be set aside. For the foregoing reasons, this Court proceeds to pass the following:
ORDER (i) Writ petitions are allowed. (ii) The suspension
order dated 25.04.2022 passed by Deputy Director and the rejuvenation training
order bearing No.SSLR/PMU/13011/159/2022 dated 29.07.2022 which has effectively terminated the employment of petitioner in W.P No.100051/2023 are hereby quashed and set aside. (iii) Suspension
order bearing No.SSLR/PMU/13011/ 159/2022 dated 29.07.2022 passed by Additional Director Department of Land Survey & Revenue Settlement is hereby quashed and set aside.
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(iv) Suspension orders dated 10.05.2022 bearing Nos.KRASAM/ SIBBANDI/ SHISTU/49/ 2022- 23, KRASAM/ SIBBANDI/ SHISTU/48/ 2022- 23, KRASAM/ SIBBANDI/ SHISTU/46/ 2022- 23, KRASAM/ SIBBANDI/SHISTU/ 43/2022- 23, KRASAM/ SIBBANDI/SHISTU/45/ 2022-23 are hereby quashed and set aside. (v) Suspension orders dated 25.04.2022 bearing Nos.KRASAM/ SIBBANDI/SHISTU/ 08/2022- 23, KRASAM/ SIBBANDI/SHISTU/ 16/2022- 23, KRASAM/ SIBBANDI/SHISTU/ 21/2022- 23, KRASAM/ SIBBANDI/SHISTU/ 22/2022- 23, KRASAM/ SIBBANDI/SHISTU/ 24/2022- 23, KRASAM/ SIBBANDI/SHISTU/ 28/2022- 23, KRASAM/ SIBBANDI/SHISTU/ 30/2022- 23, KRASAM/ SIBBANDI/SHISTU/ 29/2022- 23, KRASAM/ SIBBANDI/SHISTU/ 17/2022- 23, KRASAM/ SIBBANDI/SHISTU/ 10/2022- 23, KRASAM/ SIBBANDI/SHISTU/ 13/2022- 23, KRASAM/ SIBBANDI/SHISTU/ 15/2022- 23, KRASAM/ SIBBANDI/SHISTU/ 14/2022- 23, KRASAM/ SIBBANDI/SHISTU/31/ 2022- 23, are hereby quashed and set aside. (vi) Suspension orders dated 22.04.2022 bearing Nos.KRASAM/ SIBBANDI/SHISTU/ 01/2022-
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23, KRASAM/SIBBANDI/SHISTU/03/2022-23, are hereby quashed and set aside. (vii) Suspension orders dated 11.05.2022 bearing Nos. KRASAM/ SIBBANDI/SHISTU/52/ 2022- 23, KRASAM/ SIBBANDI/SHISTU/51/ 2022- 23, KRASAM/ SIBBANDI/SHISTU/50/ 2022- 23, are hereby quashed and set aside.
(SACHIN SHANKAR MAGADUM) JUDGE
ALB Ct:vh