- 1 - NC: 2025:KHC:7607 WP No. 65386 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 65386 OF 2016 (LB-BMP) BETWEEN: 1. SRI KADARANNA S/O LATE CHIKKANNA, AGED ABOUT 55 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 2. SMT. PUTTATHAYAMMA W/O KADARANNA, AGED ABOUT 45 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 3. SRI.KRISHNAPPA S/OLATE CHIKKANNA, AGED ABOUT 45 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 4. SMT. BHAGYAMMA W/O KRISHNAPPA, AGED ABOUT 40 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 5. SRI.BOMMALINGAIAH S/O PUTTAOBBLAIAH, AGED ABOUT 55 YEARS, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7607 WP No. 65386 of 2016 RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 6. SMT.PUTTAMMA W/O BOMMALINGAIAH, AGED ABOUT 50 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 7. SRI. HANUMAIAH S/OLATE RANGAPPA, AGED ABOUT 60 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 8. SMT. BHAGYAMMA W/O HANUMAIAH, AGED ABOUT 50 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 9. SRI. GALAPPA S/O LATE CHIKKANNA, AGED ABOUT 40 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 10. SMT. KAVITHA W/O GALAPPA, AGED ABOUT 35 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 11. SRI.PUTTARANGAIAH S/O PUTTAOBLAIAH, AGED ABOUT 60 YEARS, - 3 - NC: 2025:KHC:7607 WP No. 65386 of 2016 RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 12. SMT. NAGARATHNAMMA W/O PUTTARANGAIAH, AGED ABOUT 55 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 13. SMT. GOWRAMMA W/O ASHWATHNARAYANA, AGED ABOUT 45 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 14. SRI.ASHWATHNARAYANA S/O PUTTAIAH, AGED ABOUT 50 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 15. SRI. KODILINGAPPA S/O LATE KAVALAPPA AGED ABOUT 55 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT 16. SMT. RANGAMANI W/O KODILINGAPPA AGED ABOUT 45 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 17. SMT. PUSHPALATHA W/O JAYARAMAIAH, AGED ABOUT 35 YEARS, - 4 - NC: 2025:KHC:7607 WP No. 65386 of 2016 RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 18. SMT. MANJULA W/O UGRAPPA, AGED ABOUT 45 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 19. SRI. RAMCHANDRAPPA S/O. PUTTOBALAIAH, AGED ABOUT 48 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 20. SMT. LEELAVATHI W/O. RAMCHANDRA, AGED ABOUT 40 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 21. SRI. SRIRANGIAH S/O. CHIMANIRANGAIAH, AGED ABOUT 45 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 22. SMT. SAROJAMMA W/O. SRIRANGAIAH, AGED ABOUT 40 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 23. SRI. RAJANNA S/O. LATE. NARASIMAIAH, AGED ABOUT 50 YEARS, - 5 - NC: 2025:KHC:7607 WP No. 65386 of 2016 RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 24. SMT. RATHNAMMA W/O. RAJANNA, AGED ABOUT 45 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 25. SRI.RANGANATH S/O LATE CHANNABASAVAIAH, AGED ABOUT 59 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 26. SMT.VINODA W/O RANGANATH, AGED ABOUT 33 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 27. SRI.RAMALINGAPPA S/O LATE SEEBILINGANNA, AGED ABOUT 50 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 28. SMT.MANJULA W/O RAMALINGAPPA, AGED ABOUT 35 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 29. SRI.CHIKKANNA S/O LATE KAVALAPPA, AGED ABOUT 60 YEARS, - 6 - NC: 2025:KHC:7607 WP No. 65386 of 2016 RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 30. SMT.VIJAYAMMA W/O CHIKKANNA, AGED ABOUT 50 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 31. SRI EERANAYAK S/O.LATE DODDANAYAK, AGED ABOUT 60 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 32. SMT KARIYAMMA W/O EERANAYAK, AGED ABOUT 55 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 33. SRI LAKSHMINARASIMAIAH S/O PUTTAOBALAIAH, AGED ABOUT 50 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 34. SRI RAMALINGASWAMY S/O LATE BASAPPA, AGED ABOUT 55 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 35. SMT GIRIJAMMA W/O RAMALINGASWAMY, AGED ABOUT 45 YEARS, - 7 - NC: 2025:KHC:7607 WP No. 65386 of 2016 RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 36. SRI CHANNAPPA S/O.LATE RANGAPPA, AGED ABOUT 60 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 37. SRI KAMBADA RANGAIAH S/O.LATE CHIKKA THIMMAIAH, AGED ABOUT 45 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 38. SMT SHIVAMMA W/O KAMBADA RANGAIAH, AGED ABOUT 35 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 39. SRI PARVATHAPPA S/O LATE SANNA KAMAIAH, AGED ABOUT 55 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 40. SMT GANGAMMA W/O PARVATHAPPA, AGED ABOUT 45 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 41. SRI BEKIEERAPPA S/O MOODLA GIRIYAPPA, AGED ABOUT 55 YEARS, - 8 - NC: 2025:KHC:7607 WP No. 65386 of 2016 RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 42. SMT HANUMAKKA W/O BEEKIEERAPPA, AGED ABOUT 45 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 43. SRI BETTADA CHANNAPPA S/O LATE BILLAPPA, AGED ABOUT 60 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 44. SRI NARASIMAMURTHY S/O BETTADACHANNAPA, AGED ABOUT 45 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 45. SRI SHIVAKUMAR S/O BETTADACHANAPPA AGED ABOUT 23 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 46. SMT JAYAMMA W/O SIDDAGANGAPPA, AGED ABOUT 40 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 47. SMT RADHAMMA W/O SIDDAGANGAPPA, AGED ABOUT 40 YEARS, - 9 - NC: 2025:KHC:7607 WP No. 65386 of 2016 RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 48. SMT SANNNANARASAMMA W/O LATE MADDADASAPPA, AGED ABOUT 50 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 49. SRI KALEDARANGAPPA S/O LATE EERAJJA, AGED ABOUT 60 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 50. SM JAYAMMA W/O KALEDARANGAPPA, AGED ABOUT 55 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 51. SRI MAHADEVAIAH S/O LATE DASAPPA, AGED ABOUT 35 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 52. SMT PUTTARANGAMMA W/O MAHADEVAIAH, AGED ABOUT 30 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 53. SRI SANNAMUDDANNA S/O LATE RANGASHAMAIAH, AGED ABOUT 55 YEARS, - 10 - NC: 2025:KHC:7607 WP No. 65386 of 2016 RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 54. SMT LAKSHMAMMA W/O SANNAMUDDANNA, AGED ABOUT 50 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 55. SRI NARASIMHA MURTHY S/O KOLLARAPPA, AGED ABOUT 45 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 56. SMT CHIKKAMANI W/O NARASIMHA MURTHY, AGED ABOUT 35 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 57. SMT GIRIYAMMA W/O LATE BALAIAH, AGED ABOUT 60 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 58. SRI NARASIMAIAH S/O LATE KADRAPPA, AGED ABOUT 60 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 59. SMT RANGAMMA W/O NARASIMAIAH, AGED ABOUT 55 YEARS, - 11 - NC: 2025:KHC:7607 WP No. 65386 of 2016 RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. 60. SRI NARASIMHA MURTHY S/O NARASIMHAIAH, AGED ABOUT 38 YEARS, RESIDING AT THALAGUNDA VILLAGE, SIRA TALUK, TUMKUR DISTRICT. …PETITIONERS (BY SRI. S. RAJU S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PRL. SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ, M.S. BUILDING, K.R. CIRCLE, DR. AMBEDKAR VEEDHI, BANGALORE-560 001. 2. THE JOINT DIRECTOR (ADMINISTRATION) OFFICE OF THE RURAL DEVELOPMENT, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ, M.S. BUILDING, K.R. CIRCLE, DR. AMBEDKAR VEEDHI, BANGALORE-560 001. 3. THE COMMISSIONER MAHATMA GANDHI EMPLOYMENT GUARANTEE SCHEME (MAHATMA GANDHI UDYOGA KHATHARI YOJANE) M.S. BUILDING,. K.R. CIRCLE, DR AMBEDKAR VEEDHI, BANGALORE-560 001. - 12 - NC: 2025:KHC:7607 WP No. 65386 of 2016 4. THE CHIEF EXECUTIVE OFFICER DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ, ZILLA PANCHAYATH, TUMKUR DISTRICT, TUMKUR 572 131. 5. THE EXECUTIVE OFFICER TALUKA PANCHAYATH, SIRA TALUK, TUMKUR DISTRICT 572 131. 6. THE PANCHAYATH DEVELOPMENT OFFICER BHOOPASANDRA GRAMA PANCHAYATH, BHOOPASANDRA, SIRA TALUK, TUMKUR DISTRICT 572 131. 7. THE PANCHAYATH DEVELOPMENT OFFICER THALAGUNDA GRAMA PANCHAYATH, THALAGUNDHA, SIRA TALUK, TUMKUR DISTRICT 572 131. RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R1 TO R3; SRI. A. NAGARAJAPPA, ADVOCATE FOR R4 TO R7) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 7 TO CONSIDER THE REPRESENTATIONS DATED. 8.8.2016 & 9.8.2016 PRODUCED AT ANNEXURE-Q, R, S, T & V RESPECTIVELY AS EXPEDITIOUSLY AS POSSIBLE AND ETC. - 13 - NC: 2025:KHC:7607 WP No. 65386 of 2016 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. This petition is filed seeking to issue a writ of mandamus directing the respondents 1 to 7 to consider the representations dated 08.08.2016 and 09.08.2016, copies which are produced as Annexures – Q, R, S, T, & V. They have also sought for a mandamus to be issued to the said respondents to pay the petitioners the labour charges/salaries since their services were utilized for executing the project work weigh back in the year 2013- 14 itself. 2. During the pendency of this writ petition, the third respondent i.e. the Commissioner of Mahatma Gandhi Employment Guarantee Scheme (MGEGS) was present and a contention was advanced that the petitioners have not at all worked under the NREGA Scheme and therefore the - 14 - NC: 2025:KHC:7607 WP No. 65386 of 2016 question of payment would not arise. This Court had accordingly directed the Gram Panchayath to ascertain as to whether the petitioners had worked or not. 3. Learned counsel appearing for respondents 4 to 7 submits that, pursuant to the order, an enquiry was conducted and report has been made by the Zilla Panchayath to the effect that the work as alleged by the petitioners has not at all executed. 4. Learned counsel for the petitioners strongly disputes this report and contends that this report has been prepared behind the back of the petitioners and without hearing the petitioners. He also submits that the Zilla Panchayath has not taken into consideration the communication of the PDO dated 07.10.2016 where he clearly admitted that the work indeed had been executed. Communication dated 28.09.2016 and 07.10.2016, copies of which are produced at Annexures – N and P. 5. In the light of the fact that, the Deputy Secretary of Zilla Panchayath, Tumkur has prepared a report without - 15 - NC: 2025:KHC:7607 WP No. 65386 of 2016 hearing the petitioners, it would be appropriate to dispose of this writ petition by directing the petitioners to submit their objections to the said report and on such objections being filed by the petitioners, the Deputy Secretary, Zilla Panchayath shall consider the same and pass appropriate orders. 6. The Deputy Secretary shall take into consideration Annexures – N & P in which the PDO has indicated that the petitioners had worked in relation to certain works. It is also to be open to the petitioners to produce any certificate/document that is available with them to establish that their services were utilized for execution of the works. The petitioners shall file their objections within two weeks and the Deputy Secretary, Zilla Panchayath shall thereafter consider the same and pass the orders within a period of four weeks from thereafter. The petitioners are also to be heard before an order is passed. 7. If a report is prepared by the Deputy Secretary on the basis of the objections that are to be now filed and he - 16 - NC: 2025:KHC:7607 WP No. 65386 of 2016 comes to the conclusion that the petitioners had indeed worked, the concerned Principal Secretary shall pass appropriate orders for disbursal of the sums due to the workers. Sd/- (N S SANJAY GOWDA) JUDGE DHA List No.: 1 Sl No.: 33 CT:SNN