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2025 DAILYLAW 51280 (KAR)

SHRI KENCHE GOWDA v. THE STATE OF KARNATAKA

WP/11645/2025 · 2025-09-09

H T Narendra Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:35529 WP No. 11645 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 11645 OF 2025 (S-RES) BETWEEN: SHRI KENCHE GOWDA S/O DASE GOWDA AGED ABOUT 58 YEARS MARIGOWDANAHUNDI VILLAGE MYSORE TALUK VARUNA HOBLI DEVALAPURA, MYSORE-572311 &PETITIONER (BY SRI. GURUDATH B S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY TO THE GOVERNMENT DEPARTMENT OF GRAMA PANCHYAT VIDHANA SOUDHA, DR AMBEDKAR VEEDHI BANGALORE 560001. 2. THE PANCHAYATH DEVELOPMENT OFFICER (PDO) DEVALAPURA GRAMA PANCHYATHI MYSORE TALUK PIN-57234 &RESPONDENTS (BY SRI. VIKAS R, AGA FOR R1: SMT. JAHNAVI M., ADVOCATE FOR SRI CHANDRAKANTH R GOULY, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE SECOND RESPONDENT IN GRAMA PAN/NOTICE/2024-25/143 DATED 29.3.2025 RELIVING (REMOVING THE APPELLANT THROUGH RETIREMENT) IMPUGNED IN THIS PETITION AND THE SAID ORDERS BE Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35529 WP No. 11645 of 2025 SETASIDE IN THIS PETITION BY GRANT OF A WRIT OF CERTIORARI AND ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Articles 226 & 227 of the Constitution of India, challenging the order dated 29.03.2025 vide Annexure-F, issued by the Panchayat 3 second respondent herein, whereby the petitioner has been relieved from the service by exercising the power under Section 113(3) of the Karnataka Grama Swaraj and Panchayat Raj Act, 1993. 2. Being aggrieved by the order under Section 113(4), the petitioner has an alternative remedy of appeal. 3. In view of the above, this writ petition stands disposed of, reserving liberty to the petitioner to approach the appropriate legal forum. - 3 - HC-KAR NC: 2025:KHC:35529 WP No. 11645 of 2025 4. If the petitioner files an appeal within four weeks from today, the authority, without insisting on limitation, has to consider the matter on merits. All the contentions of the parties are left open. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 67