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2025 DAILYLAW 54050 (KAR)

SRI MAHADEVA v. THE DEPARTMENT OF URBAN DEVELOPMENT

WP/37707/2017 · 2025-11-11

Jyoti M

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45710 WP No. 37707 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 37707 OF 2017 (L-RES) BETWEEN: SRI MAHADEVA, S/O LATE MADAIAH, AGED ABOUT 62 YEARS, R/AT NO.18, 4TH WARD, KOLLEGAL TOWN, CHAMARAJANAGAR DISTRICT - 571 440. …PETITIONER (BY SRI.VEERSHETTY BIRADAR., ADVOCATE FOR SRI.NAVEEN.J.N., ADVOCATE) AND: 1. THE DEPARTMENT OF URBAN DEVELOPMENT, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001, BY ITS SECRETARY. 2. THE DIRECTORATE OF MUNICIPAL ADMINISTRATION, V.V. TOWER, DR.AMBEDKAR VEEDHI, BENGALURU - 560 001. 3. THE DEPUTY COMMISSIONER, CHANARAJANAGAR, CHAMARAJANAGAR DISTRICT - 571 440. 4. THE COMMISSIONER, CITY MUNICIPAL COUNCIL, KOLLEGAL, CHAMARAJANAGAR DISTRICT - 571 440. …RESPONDENTS (BY SRI.RAJENDRA.K.R., AGA FOR R1 TO 3; SRI.PRABHUSWAMY., ADVOCATE FOR SRI.C.M.JAGADEESH., ADVOCATE FOR R4) Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45710 WP No. 37707 of 2017 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR FINAL HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Veershetty Biradar., counsel on behalf of Sri.Naveen.J.N., for the petitioner, Sri.Rajendra.K.R., AGA for respondents 1 to 3 and Sri.Prabhuswamy., counsel on behalf of Sri.C.M.Jagadeesh., for respondent No.4 have appeared in person. Counsel for the petitioner on instructions submits that the petitioner is alive as of today. The oral submission made by counsel for the petitioner is placed on record. 2. The Captioned Writ Petition is filed seeking a Writ of Mandamus directing the respondents to implement the award dated 22.09.2009 passed by the Industrial Tribunal, Mysuru in Reference No.73/2003 vide Annexure-A by considering the legal notices dated 06.06.2012 and 02.01.2017 vide Annexures-F and G. - 3 - HC-KAR NC: 2025:KHC:45710 WP No. 37707 of 2017 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. Suffice it to note that the Industrial Tribunal vide award dated 22.09.2009 directed the Deputy Commissioner, Chamarajanagar District, to regularize the services of the first party workman. The petitioner is seeking implementation of the award by invoking the writ jurisdiction. Such a prayer cannot be accorded under Writ jurisdiction. I decline to exercise power under the Writ jurisdiction. If at all the petitioner has any grievance, he may take recourse under the law seeking implementation of the award in accordance with the law, if so advised. 5. Resultantly, the Writ Petition is dismissed. Because of dismissal of the Writ Petition, pending interlocutory applications if any are disposed of and interim direction if any stands discharged. Sd/- (JYOTI M) JUDGE MRP List No.: 1 Sl No.: 49