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2025 DAILYLAW 13397 (KAR)

SMT PAVITRAMBA v. THE STATE OF KARNATAKA

WP/1936/2024 · 2025-07-09

H T Narendra Prasad

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25064 WP No. 1936 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 1936 OF 2024 (S-DIS) BETWEEN: SMT PAVITRAMBA W/O N. NARASIMHARAJU AGED ABOUT 43 YEARS CLERK DATA ENTRY OPERATOR (NOW UNDER ORDERS OF DISMISSAL) CHANDRAGIRI GRAMA PANCHAYATH DODDERI HOBLI, MADHUGIRI TALUK TUMKUR DISTRICT, R/AT BALEHALLI JAKKENAHALLI POST, DODDERI HOBLI MADHUGIRI -571112. …PETITIONER (BY SRI. B O ANIL KUMAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY RURAL DEVELOPMENT & PANCHAYATH RAJ DEPARTMENT, MULTI STORIED BUILDINGS BENGALURU-01. 2. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH TUMUKURU DISTRICT TUMKURU-572101. 3. THE EXECUTIVE OFFICER TALUK PANCHAYATH MADHUGIRI TALUK, MADHUGIRI TUMKUR-572101. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25064 WP No. 1936 of 2024 4. CHANDRAGIRI GRAMA PANCHAYATH REP. BY PANCHAYATH DEVELOPMENT OFFICER MADHUGIRI TALUK TUMKURU DISTRICT-572101. …RESPONDENTS (BY SRI.B J ESWARAPPA, AGA FOR R1: SRI. A NAGARAJAPPA, ADVOCATE FOR R2 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS LEADING TO ISSUANCE OF RESOLUTION DATED: 16.05.2017 OF THE R4 PANCHAYATH (ANNEXURE-A) AND IMPUGNED APPELLATE ORDER DATED: 18.12.2018 BEARING NO.JI.PAM.TU/ MU.KA.NI.AA/ ASHA/ NYA.PRA/ 48/2018-19 ANNEXURE-B ISSUED BY R2, AND AFTER PERUSAL QUASH THE SAME AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Articles 226 & 227 of the Constitution of India, challenging the resolution dated 16.05.2017 vide Annexure-A passed by the fourth respondent – Gram Panchayat. 2. The petitioner was appointed as a Clerk-cum-Data Entry Operator by the fourth respondent – Gram Panchayat on 13.12.2013. When she was so working, the fourth respondent – Gram Panchayat, by the impugned - 3 - HC-KAR NC: 2025:KHC:25064 WP No. 1936 of 2024 resolution, removed the petitioner from service. Being aggrieved by the same, the petitioner is before this Court. 3. The learned counsel for the petitioner submits that the impugned resolution was passed by the Gram Panchayat without giving any notice to the petitioner and the same is contrary to the rights guaranteed to the petitioner under Article 14 of the Constitution of India. The impugned resolution is also contrary to Section 113 of the Karnataka Panchyayat Raj Act, 1993. Hence, he sought to allow the writ petition. 4. Per contra, the learned counsel for the respondents submit that the resolution was passed on 16.05.2017 and in place of the petitioner, one Manjunath has been appointed. After a lapse of seven years, the present writ petition is filed. Hence, he sought to dismiss the writ petition. 5. Heard the learned counsel for the parties and perused the petition papers. - 4 - HC-KAR NC: 2025:KHC:25064 WP No. 1936 of 2024 6. It is not in dispute that the petitioner was appointed as a Clerk-cum-Data Entry Operator on temporary basis, in the fourth respondent – Gram Panchayat on 13.12.2013. On 16.05.2017, the Gram Panchayat passed a resolution, removing the petitioner from the said post and appointed one Manjunath to the said post. The petitioner approached this Court after a lapse of seven years of passing of the resolution. Since the petitioner has slept over the matter for seven years, now she cannot approach this Court seeking relief, that too, when one Manjunath has been appointed to the said post. Only on the ground of delay, this writ petition is liable to be dismissed. 7. Accordingly, writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 53