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2025 DAILYLAW 50224 (KAR)

SMT NOORA FATHIMA v. THE PRESIDENT

WP/29208/2025 · 2025-11-24

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:16094 WP No. 29208 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 29208 OF 2025 BETWEEN: SMT. NOORA FATHIMA W/O. VENKATESH NAYAK, AGED ABOUT 41 YEARS, WORKING AS ASSISTANT ENGINEER (T)/EUM 659, WORKS AND MAINTENANCE SUB-DIVISION, GULBARGA ELECTRICITY SUPPLY COMPANY LIMITED, (GESCOM). KARATAGI, KARATAGI TALUK, KOPPALA DISTRICT -583 229. &PETITIONER (BY SRI. SOMASHEKHARAIAH.R.P, ADVOCATE) AND: 1. THE PRESIDENT, THE KARNATAKA POWER TRANSMISSION, CORPORATION EMPLOYEES UNION, REGD.NO.659, O/AT A STATION COMPOUND, SC ROAD, BENGALURU 3 560 009. 2. THE SECRETARY, KARNATAKA POWER TRANSMISSION CORPORATION EMPLOYEES UNION, REGD. NO.659, O/AT A STATION COMPOUND, SC ROAD, BENGALURU 3 560 009. 3. THE PRESIDENT, KARNATAKA POWER TRANSMISSION CORPORATION EMPLOYEES UNION, REGD. NO.659, LOCAL COMMITTEE, O/AT ANEGUNDI ROAD, GANGAVATHI, KOPPALA DIST 3 583 227. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16094 WP No. 29208 of 2025 4. THE SECRETARY, KARNATAKA POWER TRANSMISSION CORPORATION EMPLOYEES UNION, REGD. NO.659, LOCAL COMMITTEE, O/AT ANEGUNDI ROAD, GANGAVATHI, KOPPALA DIST 3 583 227. 5. THE PRESIDENT, KARNATAKA POWER TRANSMISSION CORPORATION EMPLOYEES UNION, REGD. NO.659, PRIMARY COMMITTEE, O/AT GESCOM OFFICE, KARATAGI, KOPPALA DIST 3 583 229. 6. THE SECRETARY, KARNATAKA POWER TRANSMISSION CORPORATION EMPLOYEES UNION, REGD. NO.659, PRIMARY COMMITTEE, O/AT GESCOM OFFICE, KARATAGI, KOPPALA DIST 3 583 229. 7. THE VICE PRESIDENT, KARNATAKA POWER TRANSMISSION CORPORATION EMPLOYEES UNION, REGD. NO.659, RAICHUR CAMP, BELLARY CIRCLE, BELLARY DIST 3 58. 8. THE ASSISTANT ENGINEER, WORKS AND MAINTENANCE SUB-DIVISION, GULBARGA ELECTRICITY SUPPLY COMPANY LIMITED (GESCOM), KARATAGI TALUK, KOPPALA DIST 3 583 229. &RESPONDENTS (BY SRI. B.S.KAMATE, ADVOCATE FOR R2 & R8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING R1 AND 2 TO TAKE NECESSARY ACTION AGAINST THE R5 AND 6 BY CONSIDERING THE REPRESENTATION / COMPLAINT DATED 07/08/2025 AND ALSO LETTER DATED 25/06/2025 AND ALSO TO IMPLEMENT THE ORDER DATED 26/06/2025 IN NO. SA.A(VI)/KARATAGI/ 2025-25/6-7, ISSUED BY R08 UNDER ANNEXURE - D, E AND F RESPECTIVELY AND ETC., - 3 - HC-KAR NC: 2025:KHC-D:16094 WP No. 29208 of 2025 THIS WRIT 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. Learned counsel Shri B.S. Kamate is directed to accept notice for respondent Nos.2 and 8 and four weeks time is granted to file vakalth. 2. The petitioner is before this court seeking the following prayer: <A. Issue writ in the nature of mandamus directing R1 and 2 to take necessary action against the R5 and 6 by considering the representation / complaint dated 07/08/2025 and also letter dated 25/06/2025 and also to implement the order dated 26/06/2025 in no. Sa.A(VI)/ Karatagi/ 2025-25/ 6-7, issued by R08 under Annexure - D, E and F respectively. B. And pass such other order or directions as may be deemed fit to grant in the circumstances of the case in the interest of justice and equity.= 3. Respondent Nos.5 and 6 are said to have taken permission to conduct darana against the petitioner in front of the petitioner9s office, at the instance of someone else. On the same day, it transpires that the department has issued an endorsement that action of respondent Nos.5 and 6 is contrary to law. Only because darana has taken place against the petitioner in front of the petitioner's office, a mandamus would not lie to respondent - 4 - HC-KAR NC: 2025:KHC-D:16094 WP No. 29208 of 2025 Nos.5 and 6 to take action against the said respondents. The petitioner's right no way is infringed for a remedy at the hands of this Court. A simple mandamus also cannot be issued in the case at hand. The writ petition lacking merit, stands dismissed. Sd/- (M.NAGAPRASANNA) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 7