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2025 DAILYLAW 52661 (KAR)

DEELIP V NAIK v. THE STATE OF KARNATAKA

WP/105371/2022 · 2025-09-19

S R Krishna Kumar

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12723 WP No. 105371 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR WRIT PETITION NO. 105371 OF 2022 (S-RES) BETWEEN: DEELIP V.NAIK AGED ABOUT 53 YEARS, REVENUE OFFICER, ANKOLA TOWN MUNICIPAL COUNCIL, ANKOLA, UTTARA KANNADA-581314. …PETITIONER (BY SRI. PRAVEEN P.TARIKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS UNDER SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BANGALURU-01. 2. THE DIRECTOR DIRECTORATE OF URBAN DEVELOPMENT, 9TH FLOOR, VISHWESHWRAIAH TOWER, DR. AMBEDKAR VEEDHI, BENGALURU-01. 3. THE DEPUTY COMMISSIONER UTTARA KANNADA DISTRICT, KARWAR-581301. 4. PROJECT DIRECTOR DISTRICT URBAN DEVELOPMENT CELL, UTTARA KANNADA DISTRICT, KARWAR-581301. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12723 WP No. 105371 of 2022 5. THE CHIEF OFFICER ANKOLA TOWN MUNICIPAL COUNCIL, ANKOLA, DIST: UTTARA KANNADA, KARWAR-581314. 6. ASHOK KUMAR SALENAVAR REVENUE INSPECTOR, NOW WORKING AS CHIEF OFFICER GRADE-I, HALYAL TOWN MUNICIPAL COUNCIL HALYAL DIST UTTARA KANNADA-591304. 7. MANJUNATH R. REVENUE INSPECTOR, NOW WORKING AS CHIEF OFFICER TOWN MUNICIPAL COUNCIL, KUNDAPUR, DIST: UDUPI-576201. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1 TO R4; SRI. A.P.HEGDE JANMANE AND SRI. SANTOSH B.MANE, ADVOCATE FOR R5) SRI. VIJAY M.MALALI, ADVOCATE FOR R6 AND R7; 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 AND QUASH THE IMPUGNED ORDER PASSED BY THE RESPONDENT NO. 1 DATED 3-11-2022 UNDER ITS ORDER ¸ÀPÁðgÀzÀ DzÉñÀ ¸ÀASÉå :£ÀCE 22 EJA¹ 2022 ¨ÉAUÀ¼ÀÆgÀÄ VIDE ANNEXURE-E IN SO FAR IT RELATES TO PROMOTION OF RESPONDENT NO.6 AND 7 AND CONSEQUENTLY DIRECT THE RESPONDENTS 1 AND 2 TO CONSIDER THE CASE OF THE PETITIONER FOR THE PROMOTION TO THE POST OF CHIEF OFFICER GRADE -I STRICTLY IN ACCORDANCE SENIORITY LIST OF REVENUE OFFICERS AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:12723 WP No. 105371 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR) In this writ petition, the petitioner seeks the following releifs: 1. Issue a writ in the nature of certiorari and quash the impugned order passed by the respondent No 1 dated 3-11-2022 under its order ¸ÀPÁðgÀzÀ DzÉñÀ ¸ÀASÉå :£ÀCE 22 EJA¹ 2022 ¨ÉAUÀ¼ÀÆgÀÄ Vide Annexure-E in so far it relates to promotion of respondent No 6 & 7 and consequently direct the respondents 1 and 2 to consider the case of the petitioner for the promotion to the post of Chief Officer grade I strictly in accordance seniority list of Revenue officers. 2. Grant any other relief/s deemed fit in the facts and circumstances of the case, in the interest of justice and equity. 2. After arguing the matter for sometime, learned counsel for the petitioner submits on instructions that though he had submitted a representation at Annexure-D dated 03.11.2022, immediately upon issuance of the impugned order at Annexure-E dated 03.11.2022, respondent No.1 and 2 have not considered the same and as such the present petition may be disposed of directing the concerned respondent Nos.1 and 2 - 4 - HC-KAR NC: 2025:KHC-D:12723 WP No. 105371 of 2022 to consider the representation of the petitioner at Annexure-D dated 03.11.2022 and take appropriate decision/pass appropriate orders within the stipulated time frame. 3. Submission is placed on record. 4. In view of the aforesaid facts and circumstances and the undisputed fact that respondent Nos.1 and 2 have not considered the representation of the petitioner at Annexure-D dated 03.11.2022, I deem it just and appropriate to dispose of this petition directing concerned respondent Nos.1 and 2 to address the grievances of the petitioner and take appropriate decision/pass appropriate orders on the same, after notifying the petitioner and providing sufficient and reasonable opportunity to him in accordance with law, within a period of 6 weeks from the date of receipt of a copy of this order. 5. Subject to the aforesaid direction, the petition stands disposed of. Sd/- (S.R. KRISHNA KUMAR) JUDGE EM Ct:vh List No.: 1 Sl No.: 6