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2025 DAILYLAW 51932 (KAR)

YALLAVVA JATTENNAVAR W/O MAYAPPA JATTENNAVAR v. THE STATE OF KARNATAKA

WP/106835/2025 · 2025-11-04

M Nagaprasanna

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:14990 WP No. 106835 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 106835 OF 2025 (GM-POLICE) BETWEEN: YALLAVVA JATTENNAVAR W/O. MAYAPPA JATTENNAVAR, MOTHER OF CONVICT FAKIRAPPA (CTP-3896), AGED ABOUT 70 YEARS, R/O: KURABAR ONI, TQ: SAVADATTI, VTC: HIREKUMBI, DIST BELGAUM KARNATAKA - 591110. …PETITIONER (BY SMT. UMME SALMA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU-560001. 2. THE DIRECTOR GENERAL OF PRISONS PRISONS DEPARTMENT, KARNATAKA STATE, BENGALURU-560001. 3. THE CHIEF SUPERINTENDENT CENTRAL PRISON BELAGAVI-560100 …RESPONDENTS (BY SRI.T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: A. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION DIRECTING THE RESPONDENTS TO RESTORE THE PETITIONER’S KITCHEN WORK FORTHWITH. B. DIRECT THE RESPONDENTS TO RELEASE THE WAGES FOR THE WORK ALREADY PERFORMED BY THE PETITIONER IN ACCORDANCE WITH THE KARNATAKA PRISON RULES. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:14990 WP No. 106835 of 2025 C. DIRECT THE RESPONDENTS TO CONSIDER THE PETITIONER’S EARNED REMISSION WITHOUT ANY ADVERSE IMPACT CAUSED BY THE WITHDRAWAL OF WORK, FOR THE PURPOSE OF DETERMINING HIS ELIGIBILITY FOR PREMATURE RELEASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA 1. The petitioner is before this Court seeking the following prayer: a) Issue a writ of mandamus or any other appropriate writ, order, or direction directing the Respondents to restore the Petitioner’s kitchen work forthwith. b) Direct the Respondents to release the wages for the work already performed by the Petitioner in accordance with the Karnataka Prison Rules. c) Direct the Respondents to consider the Petitioner’s earned remission without any adverse impact caused by the withdrawal of work, for the purpose of determining his eligibility for premature release. 2. Heard the learned counsel Smt. Umme Salma appearing for the petitioner and the learned AGA Shri T. Hanumareddy appearing for respondent Nos.1 to 3. 3. The petitioner gets convicted for an offence punishable under Section 302 of IPC and is said to undergo - 3 - HC-KAR NC: 2025:KHC-D:14990 WP No. 106835 of 2025 imprisonment, has completed 10 years, 11 months and 7 days in prison. The issue is not with regard to grant of parole or otherwise. He was employed in the kitchen of the prison and has been sent out from there. He is employed in weaving section in the prison, he is sent out from there. Now the petitioner is before the Court seeking a direction that the petitioner should be re- deployed in the kitchen. 4. Learned AGA has secured instructions and places a report before this Court that the petitioner is not working anywhere, he is posted. Therefore, the petition should not be entertained. 5. Notwithstanding the aforesaid report, I deem it appropriate to direct the prison authorities to give one chance to the petitioner to work in the kitchen. In the event, he does not again work in the kitchen, as he was earlier done, the prison authorities would be at liberty to take necessary action in accordance with law. If the petitioner cannot again approach this Court on the same ground that he wants to remain in the kitchen always. - 4 - HC-KAR NC: 2025:KHC-D:14990 WP No. 106835 of 2025 6. For the aforesaid reasons, the following: ORDER (i) The petition stands disposed; (ii) Mandamus issues to the respondent to consider allotment of the kitchen work to the petitioner as was done earlier, subject to the aforesaid condition and bearing in mind the aforesaid observations. Sd/- (M.NAGAPRASANNA) JUDGE VNP / CT: ANB List No.: 1 Sl No.: 25