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2025 DAILYLAW 55607 (KAR)

SRI BASAVARAJ K HALCHER v. THE STATE OF KARNATAKA

WP/27365/2025 · 2025-09-09

H T Narendra Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:35395 WP No. 27365 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 27365 OF 2025 (S-RES) BETWEEN: SRI BASAVARAJ K HALCHER S/O. KARBASAPPA AGED ABOUT 60 YEARS R/AT NO.385, 1 MAIN, HEBBAL BENGALURU-560 001 …PETITIONER (BY SRI. NARASIMHARAJU., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ. VIDHANA SOUDHA, BANGALORE-560 001. 2. THE UNDER SECRETARY DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ M.S. BUILDING, DR. AMBEDKAR VEEDHI BANGALORE - 560 001. 3. THE CHIEF ENGINEER COMMUNICATION AND CONSTRUCTION (SOUTH), K.R. CIRCLE, BANGALORE-560001. …RESPONDENTS (BY SRI. VIKAS R, AGA FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED: 31-07-2025 BEARING Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35395 WP No. 27365 of 2025 NO.GRA.LI.VA 200 SSK 2025(E) ISSUED BY THE 2ND RESPONDENT AS PER ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. At the outset, learned AGA raised a preliminary objection regarding maintainability of the writ petition on the ground that the petitioner has retired from the service as an Executive Engineer in Department of Rural Development and Panchayath Raj. Since he was holding a civil post, he has to approach the Karnataka Administrative Tribunal. 2. The grievance in respect of the ‘service matters’ cannot be a subject matter of adjudication at the hands of a writ Court, as the court of first instance, in the light of the decision of the Apex Court in the case of L.Chandra Kumar vs. Union of India and others reported in 1997(2) SCR 1186. - 3 - HC-KAR NC: 2025:KHC:35395 WP No. 27365 of 2025 3. In view of the above, the writ petition is disposed of, reserving liberty for the petitioner to approach the appropriate legal forum. All pending I.As. in this writ petition, if any, are dismissed accordingly. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 14