DINESH N.P. v. KONKAN RAILWAY CORPORATION LIMITED,
WP/101038/2017 · 2025-05-02
S G Pandit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51844 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51844 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:7121 WP No. 101038 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE S G PANDIT WRIT PETITION NO.101038 OF 2017 (GM-RES) BETWEEN:
DINESH N.P., AGE: 36 YEARS, OCC: PRIVATE SERVICE, R/O: NAVILGONE, TQ: HONNAVAR, DIST: UTTAR KANNADA. - PETITIONER (BY SRI. V.G. BHAT AND SRI. J.B. HURAKADLI, ADVOCATES)
AND:
1. KONKAN RAILWAY CORPORATION LIMITED, (GOVERNMENT OF INDIA UNDERTAKING) R/BY IT’S SECRETARY. BELAPUR BHAVAN, SECTOR-11, CBD BELAPUR, NAVI MUMBAI-400614. 2. ASSISTANT PERSONAL OFFICER, KONKAN RAILWAY CORPORATION LIMITED, BELAPUR BHAVAN, SECTOR-11, CBD BELAPUR, NAVI MUMBAI-400614. - RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, ADVOCATE FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE RESPONDENT NO.2 IN NO.CO/P-R/Gen-Ref/01-2013 DATED 1.8.2014 VIDE ANNEXURE-J IN THE ENDS OF JUSTICE AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH
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NC: 2025:KHC-D:7121 WP No. 101038 of 2017
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT)
The above writ petition is filed under Article 226 of the Constitution of India challenging Annexure-J bearing No.CO/P-R/Gen-Ref/01-2013 dated 01.08.2014, communicating the petitioner that since he is a nephew of the land loser he would not be entitled for employment for the post of System Programmer under the category ‘land loser’. The eligibility criteria for seeking employment was that, a candidate should be a ‘land loser’ and should have a minimum qualification prescribed therein. The term ‘land loser’ is defined under the notification which reads as follows:
“Eligibility Criteria i) Land losers whose land has been acquired for Konkan Railway line Project (Self/Sons/Spouse/Unmarried daughters/Grand sons/Unmarried Grand daughters Only) are eligible.”
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NC: 2025:KHC-D:7121 WP No. 101038 of 2017
The petitioner states that family of the petitioner had lost its land situated in Navilgone village of Honnavar Taluk in the acquisition proceedings for the purpose of Konkan Railways. It is stated that the family of the petitioner is a joint family. Petitioner claims to be the son of brother of Ramakrishna Devaru Bhat whose land is acquired.
The petitioner would not fall under the definition ‘land loser’ as stated in the notification inviting application. Hence no fault would be found in the endorsement dated 01.08.2014 (Annexure-J) issued to the petitioner by the respondents-Konkan Railways Corporation Ltd. Thus I do not find any merit in the writ petition. Accordingly, the writ petition stands disposed of. Sd/- (S G PANDIT) JUDGE BVV, CT:VP LIST NO.: 1 SL NO.: 17