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2025 DAILYLAW 38921 (KAR)

SMT LAKSHMI BAI v. THE STATE OF KARNATAKA

WP/9813/2025 · 2025-09-23

H T Narendra Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:38217 WP No. 9813 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 9813 OF 2025 (S-RES) BETWEEN: SMT LAKSHMI BAI W/O MURTHY NAIK, AGED ABOUT 42 YEARS, GRADE-I, GRAM PANCHAYATH SECRETARY, MANCHANAYAKANAHALLI GRAM PANCHAYATH, RAMNAGARA (T) AND (D) – 562 109, …PETITIONER (BY SRI. NITHIN M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, RURAL DEVELOPMENT PANCHAYATH RAJ, M.S.BUILDING, AMBEDKARVEEDI, BENGALURU – 560 001 2. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYATH, RAMANAGARA – 562 109. 3. THE KARNATAKA LOKAYUKTA, 2ND FLOOR, M.S.BUILDING, 1ST MAIN ROAD, AMBEDKAR VEEDHI, BENGALURU – 560 001. REPT. BY ITS, SUPERINTENDENT OF POLICE. …RESPONDENTS (BY SRI. VIKAS R., AGA FOR R1) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38217 WP No. 9813 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER NO. RAAJIPAM/C5/LO.KA.DUU/CR-25/2024-25 DATED 27.09.2024 MARKED AT ANNEXURE-A ISSUED BY THE 2ND RESPONDENT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. At the outset, learned AGA raised a preliminary objection regarding maintainability of the writ petition on the ground that the petitioner is holding a civil post and therefore, he has to approach the Karnataka State Administrative Tribunal. 2. The grievance in respect of the ‘service matters’ cannot be a subject matter of adjudication at the hands of a writ Court, as the court of first instance, in the light of the decision of the Apex Court in the case - 3 - HC-KAR NC: 2025:KHC:38217 WP No. 9813 of 2025 of L.Chandra Kumar vs. Union of India and others reported in (1997) 3 SCC 261. 3. In view of the above, the writ petition is disposed of, with liberty reserved to the petitioner to approach the appropriate legal forum, if law permits. 4. Registry is directed to return the original or certified copies of the documents, if any, to the petitioner, after retaining the photocopies of the same for record purpose. 5. The time spent by the petitioner before this Court shall be excluded at the time of deciding the matter before the Tribunal. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 2