SMT. LAKSHMAVVA W/O LATE SHARABANNA KORI v. THE STATE OF KARNATAKA
WP/101940/2025 · 2025-10-13
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53048 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53048 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:13746 WP No. 101940 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 101940 OF 2025 (S-REG) BETWEEN:
SMT. LAKSHMAVVA W/O. LATE SHARABANNA KORI, AGE: 52 YEARS, OCC: HOUSE HOLD, R/O: NO. 209 NEAR BANNI MAHALAKSHMI TEMPLE, NEERLOTI, HIREMANNAPUR, KUSTAGI, TQL: KUSTAGI, DIST: KOPPAL – 583 277. …PETITIONER (BY SRI. M. S. HARAVI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT VIDHANA SOUDHA, BENGALURU – 260 001. 2. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRL SECRETARY TO GOVERNMENT, HORTICULTURE DEPARTMENT M. S. BUILDING, BENGALURU – 560 001. 3. THE DIRECTOR OF HORTICULTURE, DEPARTMENT OF HORTICULTURE, LALBHAG, BENGALURU – 560 004. 4. THE DEPUTY DIRECTOR OF HORTICULTURE, DEPARTMENT OF HORTICULTURE, (Z.P) KOPPAL, DIST: KOPPAL – 583 201. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE, WRIT ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO REGULARIZE THE SERVICES OF THE PETITIONER AS PER THE ORDER PASSED BY THIS HON’BLE COURT IN W.P. NO. 40204/2012 (S-REG) C/W W.P. NO.54553/2014(S-R) DATED 22-07-2024 AS PER ANNEXURE-E BY CONSIDERING THE REPRESENTATIONS SUBMITTED BY THEM DATED 01-02-2025 VIDE ANNEXURE-F FORTHWITH AND ETC.,
Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:13746 WP No. 101940 of 2025
THIS WRIT PETITION, COMING ON FOR PRELMINARY HEARING, THIS DAY, 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, writ order or direction in the nature of Mandamus directing the respondents to regularize the services of the petitioner as per the order passed by this Hon’ble court in W.P. No. 40204/2012 (S-REG) C/W W.P. No.54553/2014(S-R) dated 22-07-2024 as per Annexure-E by considering the representations submitted by them dated 01-02-2025 vide Annexure-F forthwith. b. PASS any appropriate order or direction as deems fit by this Hon’ble court under the facts and circumstances of the case by allowing this writ petition with cost in the interest of justice and equity. 2.
The learned counsel for the petitioner submits that the issue in the lis stands answered by judgment rendered by the Co-ordinate Bench which is followed by this Court in W.P.No.107721/2024 disposed on 06.01.2025, which reads as follows:
“The petitioners few of them who have retired and few of them are serving in the Horticulture Department are knocking at the doors of this Court seeking a direction by
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HC-KAR NC: 2025:KHC-D:13746 WP No. 101940 of 2025
issuance of a writ in the nature of mandamus to regularize their services in terms of the order passed by the Coordinate Bench in W.P.No.40204/2012. 2. Heard Sri M.S. Haravi, learned counsel for petitioners and Smt. Kirthilatha R. Patil, learned HCGP for respondents No.1 to 4. 3. Learned counsel for the petitioners submits that the petitioners are also similarly situated, as few of the petitioners in the decision rendered by the Coordinate Bench were all their colleagues. The Coordinate Bench has on elaborate discussion allowed those petitions by quashing the endorsements directing consideration of their cases for regularization, holding as follows:
“ [a] The petitions are allowed quashing the impugned Endorsements dated 14.06.2010 and 15.06.2012 [Annexures- H and C] issued respectively by the corresponding third respondent in these petitions and declaring that the petitioners are entitled for regularization in terms of 2002/2005 Schemes. [b] The corresponding second respondents in these petitions are directed to issue appropriate Orders in view of this Court's declaration as aforesaid within a period of three [3] months from the date of receipt of a certified copy of this order. [c] The petitioners are reserved liberty to file a representation enclosing a certified copy of this order with the corresponding respondents within a period of four [4] weeks from the date of receipt of such order.”
4.
In the light of the petitioners similarly situated and are seeking the same benefit as that of those in the order in the Writ Petition, passed by the Coordinate Bench, I deem it appropriate to direct the respondents to consider the representations of the petitioners strictly in consonance with what the Coordinate Bench has held as aforequoted within an outer limit of three months from the date of receipt of a copy of the order if not earlier. Ordered accordingly.”
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HC-KAR NC: 2025:KHC-D:13746 WP No. 101940 of 2025
3. In that light, learned HCGP submits that if reasonable time is granted, the representation of the petitioner would be considered and appropriate orders would be passed. 4. In that light and in the light of the issue standing answered by the aforesaid order passed by this Court following the judgment of the Division Bench, I deem it appropriate to direct the respondents to consider the representation and pass necessary orders in accordance with law within an outer limit of 12 weeks from the date of receipt of the copy of this order, if not earlier. Sd/- (M.NAGAPRASANNA) JUDGE
KGK/CT-ASC List No.: 1 Sl No.: 53