SRIRAMAPPA v. SRI PATHESHWARASWAMY BHAIRAVESHWARASWAMY TEMPLE
WP/5284/2025 · 2025-03-26
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18018 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18018 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:12765 WP No. 5284 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 5284 OF 2025 (GM-R/C) BETWEEN:
SRIRAMAPPA S/O MUNIYAPPA AGED ABOUT 43 YEARS R/AT SEETHI, CHENJIMALE KOLAR – 563 101. …PETITIONER (BY SRI K.S.PONNAPPA, ADVOCATE) AND:
1.
SRI PATHESHWARASWAMY BHAIRAVESHWARASWAMY TEMPLE SEETHI VILLAGE, VEMGALHOBLI KOLAR – 563 101. REPRESENTED BY ITS ADMINISTRATIVE OFFICER.
2.
THE DEPUTY COMMISSIONER KOLAR DISTRICT, OFFICER OF THE DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR KARNATAKA – 563 101.
3.
THE TAHSILDHAR MUZARAYI DEPARMENT KOLAR TALUK, KOLAR DISTRICT KARNATAKA – 563 101.
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:12765 WP No. 5284 of 2025
4.
THE HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT MINTO ANJANEYA BHAVAN 1ST MAIN ROAD, CHAMRAJPET BENGALURU - 560 018 REPRESENTED BY ITS COMMISSIONER.
5. NARAYASWAMY AGED: MAJOR S/O CHIKKAVENKATARAMAIAH SEETHI VILLAGE, MEMAGAL HOBLI KOLAR TALUK, KOLAR DISTRICT KARNATAKA – 563 101.
6. BHAIRESH AGED: MAJOR S/O BASAVARAJ SEETHI VILLAGE, MEMAGAL HOBLI KOLAR TALUK, KOLAR DISTRICT KARNATAKA – 563 101. …RESPONDENTS (BY SMT. PRATHIBHA R. K., AGA FOR R1 TO R4)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 4 TO IMMEDIATELY RELEASE THE PETITIONER’S SALARIES TOGETHER WITH INTEREST; QUASH THE PROCEEDINGS INITIATED BY THE R-2 IN ¥ÀæPÀgÀt ¸ÀASÉå r«J¸ï(1)¹Dgï:307/2023- 2024 VIDE NOTICE ISSUED BY THE R-2 AT ANNX-D.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:12765 WP No. 5284 of 2025
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court seeking the following prayer:
“a. Issue a writ of mandamus and direct the Respondent No. 1 to 4 to immediately release the Petitioner's salaries together with interest.
b. Issue a writ of certiorari and quash the proceedings initiated by the Respondent No. 2 in ಪಕರಣ ಸಂೆ
ಎ(1)ಆ:307/2023-2024 vide notice issued by the Respondent No. 2 at Annexure D.
c. Pass any other order or directions that this Hon'ble Court may deem just and necessary, in the interests of justice.”
2. Heard Sri K.S.Ponnappa, learned counsel for the petitioner and Smt. Prathibha R.K., learned Additional Government Advocate for respondent Nos.1 to 4.
3. Learned Additional Government Advocate appearing for respondent Nos.1 to 4 on instructions would submit that the salary upto date has been paid to the petitioner, which the petitioner acknowledges. Therefore, the first prayer of the petitioner is redressed.
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NC: 2025:KHC:12765 WP No. 5284 of 2025
4. Insofar as the second prayer, the proceedings pending before respondent No.2 - the Deputy Commissioner is concerned, unless the order is seen pursuant to the proceedings, quashment cannot be done only for the asking. Therefore, reserving liberty to the petitioner to knock at the doors of this Court, in the event the order of the Deputy Commissioner would go against him, the petition stands
disposed.
5. It is needless to observe that salary of the petitioner cannot be withheld in future, except in accordance with law. Ordered accordingly.
Sd/- (M.NAGAPRASANNA) JUDGE
NVJ List No.: 1 Sl No.: 15 CT:SS