- 1 - HC-KAR NC: 2025:KHC:38972 WP No. 15682 of 2021 C/W WP No. 4944 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 15682 OF 2021 (S-RES) C/W WRIT PETITION NO. 4944 OF 2022 (S-RES) IN WP No. 15682/2021 BETWEEN: M.DEVARAJ S/O MANJAPPA AGED ABOUT 32 YEARS R/AT MARKET ROAD KOPPA POST, KOPPA-577120 WORKING AS POURAKARMIKA KOPPA TOWN MUNICIPALITY KOPPA-577126 …PETITIONER (BY SRI. SRINIVAS V, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED ITS SECRETARY TO URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA, BANGALORE-560001. 2. THE DIRECTOR MUNICIPAL ADMINISTRATION V V TOWER, 9TH AND 10TH FLOOR DR AMBEDKAR VEEDHI BANGALORE-560001. 3. DEPUTY COMMISSIONER AND DISTRICT URBAN DEVELOPMENT CELL CHIKKAMAGALUR DISTRICT CHIKKAMAGALUR-577101. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38972 WP No. 15682 of 2021 C/W WP No. 4944 of 2022 4. THE CHIEF OFFICER KOPPA TOWN MUNICIPALITY KOPPA-577126. 5. THE TAHASILDHAR ADMINISTRATOR KOPPA TOWN PANCHAYATH KOPPA-577126. 6. M VENKAKTESH S/O ARUNACHAL AGED ABOUT 35 YEARS R/AT MUNICIPAL QUARTERS MARKET ROAD, KOPPA-577126 …RESPONDENTS (BY SRI. SIDHARTH BABU RAO, AGA FOR R1 TO R5: SRI. RAKSHITH R, ADVOCATE FOR SRI. SUBRAMANY BHAT M., ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE RESOLUTION DATED 03.09.2020 PASSED BY THE R5 VIDE ANNEXURE-G TO THE WRIT PETITION AND QUASH THE TEMPORARY SELECTION LIST DATED 03.09.2020 BEARING NO. ¸ÀA. ¥À. ¥ÀA PÉÆ.(2) ¹.Dgï: ¥Ë. PÁ.«.£ÉÃ/1/2019-20 FORWARDED BY THE R4 TO R3 VIDE ANNEXURE-H and etc. IN WP NO. 4944/2022 BETWEEN: A VENKATESH S/O SRI ARUNACHALA AGED ABOUT 38 YEARS WORKING AS POURAKARMIKA (DAILY WAGE BASIS) TOWN PANCHAYATH KOPPA - 3 - HC-KAR NC: 2025:KHC:38972 WP No. 15682 of 2021 C/W WP No. 4944 of 2022 CHIKMAGALORE DISTRICT-577126 AND R/AT NO.7 MUNICIPAL QUARTERS MARKET ROAD, KOPPA-577126 CHIKKAMAGALORE DISTRICT ...PETITIONER (BY SRI.RAKSHITH R., ADVOCATE FOR SRI. SUBRAMANYA BHAT M, ADVOCATE) AND: 1. STATE OF KARNATAKA URBAN DEVELOPMENT CORPORATION VIKAS SOUDHA 4TH FLOOR BANGALORE-01, REP BY THE SECRETARY. 2. DEPUTY COMMISSIONER AND THE CHAIRMAN SELECTION AUTHORITY OF POURAKARMIKA CHIKMAGALURU DISTRICT CHIKMAGALURU -577 101. 3. PLANNING DIRECTOR DISTRICT URBAN DEVELOPMENT CELL AND SECRETARY SELECTION AUTHORITY OF POURAKARMIKA CHIKMAGALURU DISTRICT CHIKMAGALURU-577 101. 4. CHIEF OFFICER TOWN PANCHAYAT KOPPA CHIKMAGALURU DISTRICT-577126. 5. M DEVARAJ S/O MANJAPPA AGED ABOUT 32 YEARS R/AT MARKET ROAD KOPPA POST KOPPA -577126. ...RESPONDENTS - 4 - HC-KAR NC: 2025:KHC:38972 WP No. 15682 of 2021 C/W WP No. 4944 of 2022 (BY SRI. SIDHARTH BABU RAO. AGA FOR R1 TO R3:SRI. GIRISHA KODGI, ADVOCATE FOR R4: SRI. V SRINIVAS, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING QUASH THE PROVISIONAL SELECT LIST OF POURAKARMIKAS BEARING NO: DUDC(1)/CR/189/2017-18 DATED: 28.01.2022 PUBLISHED BY THE R-2 VIDE ANNEXURE-L AND ETC. THESE PETITIONS, 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 IN W.P.No.4944/2022 1. In this writ petition, the petitioner sought for the following reliefs: a) Issue writ of certiorari, quashing the provisional select list of Pourakarmikas bearing No.DUDC(1)/CR/189/2017-18 dated 28.01.2022 published by the 2nd Respondent, a copy of the same is produced as Annexure-L, as the same is arbitrary and illegal; b) Pass such other order or direction as this Hon’ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity. - 5 - HC-KAR NC: 2025:KHC:38972 WP No. 15682 of 2021 C/W WP No. 4944 of 2022 2. The case of the petitioner is that as per the notification dated 21.02.2008 (Annexure-A) issued by respondent No.2, applications were invited to fill up two posts of Pourakarmikas in Town Panchayat. Pursuant to the notification, the petitioner as well as respondent No.5 have filed applications. The respondent-authority published a provisional select list on 01.01.2019 (Annexure-H) wherein the petitioner has been selected as Pourakarmika and his name was found at Sl.No.2 under direct recruitment category and the name of the respondent No.5 was found under direct payment category. Subsequently, the respondent No.5 filed objections to the said provisional select list on 02.06.2021 on the ground that his date of birth has been wrongly considered as 02.06.1986 instead of 02.16.1984 and he also filed W.P.No.15682/2021 challenging the said provisional select list. Notably, no interim order has been granted by this Court in W.P.No.15682/2021. Thereafter, the respondent-authority has published the revised - 6 - HC-KAR NC: 2025:KHC:38972 WP No. 15682 of 2021 C/W WP No. 4944 of 2022 provisional list on 28.01.2022 (Anneuxre-L) appointing respondent No.5 as Pourakarmika and the name of the petitioner has been removed. Being aggrieved, the petitioner is before this Court in W.P.No.4944/2022. 3. The only grievance of the petitioner is that the actual date of birth of respondent No.5 is ‘02.06.1986’ and not ‘02.06.1984’. 4. In view of the dispute with regard to the date of birth of respondent No.5, this Court on 26.03.2025 had directed the learned Government pleader to secure the concerned register relating to the birth certificate of the respondent No.5 and accordingly, the same has been produced along with a memo. As per the Date of Birth Register extract certified by the Tahsildar, which is produced by the Government Pleader, the actual date of birth of respondent No.5 is ‘02.06.1984’ and not ‘02.06.1986’, thereby supporting the action taken by the respondent- authorities in revising the provisional select list. - 7 - HC-KAR NC: 2025:KHC:38972 WP No. 15682 of 2021 C/W WP No. 4944 of 2022 5. In that view of the matter, the relief sought by the petitioner in this writ petition does not survive for consideration. 6. Accordingly, the writ petition is dismissed. IN W.P.No.15682/2021 1. In view of dismissal of W.P.No.4944/2022, this writ petition does not survive for consideration. 2. Accordingly, the writ petition is dismissed as having become infructuous. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 54