SHRI A ARJUN S/O ADEPPA v. MEDICAL INSPECTOR COMMISSIONER OFFICE
WP/103120/2023 · 2025-02-10
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47712 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47712 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:2540 WP No. 103120 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 103120 OF 2023 (S-RES)
BETWEEN:
SHRI. A. ARJUN S/O. ADEPPA, AGE. 24 YEARS, OCC. NIL, R/O. DOOR NO. 139, WARD NO. 16, SHREERAMPURAM COLONY, AT BELLARY, DIST. BELLARY, PIN- 583101. …PETITIONER (BY SMT. SUNITHA P. KALASOOR, ADVOCATE)
AND:
1. MEDICAL INSPECTOR COMMISSIONER OFFICE, BELLARY MUNICIPAL CORPORATION, BELLARY- 583101. 2. COMMISSIONER BELLARY MUNICIPAL CORPORATION COMMISSIONER OFFICE, BELLARY, BELLARY- 583101. 3. DEPUTY COMMISSIONER, DEPUTY COMMISSIONER OFFICE, BELLARY, BELLARY- 583101. 4. DIRECTOR OF DMA, DEPARTMENT OF MUNICIPAL ADMINISTRATION (DMA) VISHVESWARAYYA PODIUM, BENGALURU, BENGALURU- 560001. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad
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NC: 2025:KHC-D:2540 WP No. 103120 of 2023
5. PRINCIPAL SECRETARY DEPARTMENT OF MUNICIPAL AND URBAN DEVELOPMENT AUTHORITY, VIKASA SOUDHA, BENGALURU, BENGALURU- 560001. …RESPONDENTS (BY SMT. KIRTHILATA R. PATIL, HCGP FOR R3 TO R5, SRI. S.S. CHALAWADI ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO ISSUE A WRIT OF MANDAMUS TO THE RESPONDENTS NO. 2 TO CONSIDER THE REPRESENTATION OF THE PETITIONER FILED ON 12.03.2021 PRODUCED AT ANNEXURE-B AND SUBSEQUENTLY REPRESENTATIONS FILED ON DATED 26/07/2022 PRODUCED AT ANNEXURE-F BY ISSUING THE APPOINTMENT ON COMPASSIONATE GROUNDS AS PER THE RULES. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court seeking a direction by issuance of Writ in the nature of mandamus directing consideration of the representation for the petitioner dated 12.03.2021 and 26.07.2022 seeking appointment on compassionate grounds. 2. Heard the learned counsel Smt.Sunitha P. Kalasoor appearing for petitioner and learned counsel
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NC: 2025:KHC-D:2540 WP No. 103120 of 2023
Sri.S.S.Chalawadi appearing for respondent No.2 and learned HCGP-Smt.Kirthilata R. Patil appearing for respondents No.3 to 5
3. The father of the petitioner on the death of the mother is appointed on compassionate grounds as the mother was a Government servant that is in the year
2008. Petitioner’s father was appointed on 13.02.2009 and on 03.03.2021 the father dies. Then comes the 2nd application seeking appointment on compassionate grounds in the family. As the petitioner submits a representation.
It transpires that there was some dispute with regard to the claims of the father of the petitioner including the one on compassionate grounds. The respondent No.2-Ballari Municipal Corporation, appears to have opined that the petitioner can be considered for appointment on compassionate grounds. Non-consideration of it has driven the petitioner to this Court in the subject petition. 4.
Learned counsel appearing to the respondent submits that, if reasonable time is granted the application
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NC: 2025:KHC-D:2540 WP No. 103120 of 2023
of the petitioner would be answered in accordance with law and appropriate orders would be passed.
5. In the light of the said submission without going into the merit of the claim of the petitioner I deem it appropriate to direct the respondent No.2 to consider the representation of the petitioner for appointment on compassionate grounds and pass necessary orders in strictly in consonance with law, and communicate the
order so passed to the petitioner.
6. The respondent is at liberty to solicit any document that is necessary for the purpose of
consideration of the representation, from the hands of the petitioner. The representation be considered within twelve weeks from the date of receipt of the copy of this order, if not earlier. Ordered accordingly
Sd/- (M.NAGAPRASANNA) JUDGE
RHR/- List No.: 1 Sl No.: 11