- 1 - HC-KAR NC: 2025:KHC-D:9309 WP No. 105691 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105691 OF 2023 (S-REG) BETWEEN: SHRI. DAYANAND S. HOSAMANI, AGE: 47 YEARS, OCC: WATER SUPPLY SUPERVISOR, R/O: TOWN PANCHAYAT RAIBAG, TQ: RAIBAG, DIST: BELAGAVI, PIN – 591 317. …PETITIONER (BY SRI. HEMANTHKUMAR L. HAVARAGI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION, VIDHANA SOUDHA, BENGALURU – 560 001 2. THE DIRECTOR, DIRECTOR OF MUNICIPAL ADMINISTRATION DEPARTMENT, 9TH FLOOR, VISWESHWARAIAH TOWER, BENGALURU – 560 001. 3. THE DEPUTY COMMISSIONER, BELAGAVI, DISTRICT: BELAGAVI, PIN – 590 001. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9309 WP No. 105691 of 2023 4. THE PROJECT DIRECTOR, AND DISTRICT PROJECT DEVELOPMENT OFFICER BELAGAVI, DIST: BELAGAVI, PIN 590 001. 5. THE CHIEF OFFICER, THE MUNICIPAL COUNCIL RAIBAG, TQ: RAIBHAG, DIST: BELAGAVI – 591 317. 6. THE PRESIDENT, THE MUNICIPAL COUNCIL RAIBAG, TQ: RAIBAG, DIST: BELAGAVI – 591 317. …RESPONDENTS (BY SRI. P.N.HATTI, AGA FOR R1 TO R4; SRI. VINAYAK S. KULKARNI & SRI. PRAVEEN G. KULKARNI, ADVOCATE FOR R5; R6 – NOTICE HELD SUFFICIENT) --- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ENDORSEMENT BEARING NO. DUDC: 1:CR/ 191/ 2017-18/2275 DATED 14/03/2023, VIDE ANNEXURE V, ISSUED BY RESPONDENT NO.3; A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO 5 TO REGULARISE THE PETITIONER SERVICE AS PER UMADEVI CASE, REPORTED IN AIR 2006 SC 1806, 2018 SCC AND PAY THE SALARY OF THE PETITIONER AND ETC., THIS WRIT PETITION, COMING ON FOR HEARING - INTERLOCUTORY APPLN, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:9309 WP No. 105691 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. A writ in the nature of certiorari to quash the impugned endorsement bearing No.DUDC:1:CR/191/2017-18/2275 dated 14/03/2023, vide Annexure V, issued by Respondent No.3. b. A writ in the nature of mandamus directing the respondent no.1 to 5 to regularise the petitioner service as per Umadevi case, reported in AIR 2006 SC 1806, 2018 SCC and pay the salary of the petitioner. c. Issue any other writ or direction, which this Hon’ble Court deems fit under the facts and circumstances of the case, In the interest of justice and equity. 2. This is one more case, due to the lackadaisical attitude of the Deputy Commissioner, the petitioner has been made to knock on the doors of this Court multiple times. The petitioner having been appointed as a water supply supervisor on daily wages on 04.01.1996, was continued on the rolls, received - 4 - HC-KAR NC: 2025:KHC-D:9309 WP No. 105691 of 2023 payment or salaries, and thereafter submitted an application for regularisation of services, which was not done, the respondents not having considered the proposal sent by the Project Director and District Development Officer for regularisation. This Court directed the representation of the petitioner to be considered in WP No.100122 of 2018. The Deputy Commissioner rejected the proposal vide endorsement dated 09.11.2021, which came to be challenged before this Court in WP No. 101592 of 2022. 3. This Court, considering the matter in detail, passed a reasoned order on 27.10.2022, to consider the representation submitted by the petitioner in accordance with the observations made therein by quashing the endorsement dated 09.11.2021. This Court in para 5 of the aforesaid order categorically opined that the endorsement was contrary to the material on record and, as such, had concluded that - 5 - HC-KAR NC: 2025:KHC-D:9309 WP No. 105691 of 2023 the regularisation of services of the petitioner had to be made. However, expecting that the Deputy Commissioner would consider the representation in terms of the observations made by this Court, it had directed the Deputy Commissioner to consider the same and pass necessary orders within 3 months. 4. Shockingly, respondent No.3, Deputy Commissioner, once again vide order dated 14.03.2023, passed a verbatim identical order as that which had been set aside by this Court vide order dated 27.10.2022 in WP No.101592 of 2022. There is absolutely no application of mind to the orders passed by this Court, driving the petitioner to one more litigation before this Court, which not only causes harm and injury to the rights of the petitioner but also wastes the precious time of this Court to consider such orders which had already been set aside by this Court. - 6 - HC-KAR NC: 2025:KHC-D:9309 WP No. 105691 of 2023 5. Though Sri P.N. Hatti, learned AGA appearing for the respondent State, submits that all aspects have been considered by the Deputy Commissioner, on the face of the records, it is clear that no aspect has been considered by the Deputy Commissioner. The petitioner, who has been employed as a water supply supervisor, has been driven to this Court on three earlier occasions, and the benefit of the orders passed so far has not been made available to the petitioner. 6. Hence, I pass the following: ORDER i. Writ Petition is allowed. ii. Certiorari is issued, order dated 14.03.2023, vide Annexure-V, issued by respondent No.3, is quashed. iii. The matter is once again remitted to the Deputy Commissioner to reconsider the same in - 7 - HC-KAR NC: 2025:KHC-D:9309 WP No. 105691 of 2023 terms of the categorical observation made by this Court at para 5 of the order dated 27.10.2022 passed in WP No.101592 of 2022, and this time, this Court hopes and believes that due effect would be given to the said process, to be completed within a period of one month from the date of receipt of copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-ASC List No.: 1 Sl No.: 22