- 1 - HC-KAR NC: 2025:KHC:27761 WP No. 22438 of 2024 C/W WP No. 8825 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 22438 OF 2024 (S-RES) C/W WRIT PETITION NO. 8825 OF 2024 (S-RES) IN WP NO. 22438/2024 BETWEEN: SANTHOSH KUMAR M S/O MAYAPPA AGED ABOUT 38 YEARS OCC BILL COLLECTOR AREBILACHI GRAMA PANCHAYATH BHADRAVATHI TALUK SHIVAMOGGA DISTRICT – 577245 …PETITIONER (BY SRI. KANTHARAJAPPA M G., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS ADDITIONAL CHIEF SECRETARY RURAL DEVELOPMENT AND PANCHAYATH RAJ DEPARTMENT MULTI STORIED BUILDINGS BENGALURU - 560008. 2. THE COMMISSIONER PANCHAYATH RAJ COMMISSIONERATE PANCHAYATH RAJ DEPARTMENT K.G. ROAD, BENGALURU - 560009. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27761 WP No. 22438 of 2024 C/W WP No. 8825 of 2024 3. THE DEPUTY SECRETARY (DEVELOPMENT) AND GRAMA PANCHAYATH SECRETARY COM RURAL DEVELOPMENT ASSISTANT APPOINTMENT AND DISCIPLINARY AUTHORITY AND ZILLA PANCHAYATH, SHIVAMOGGA-577201. 4. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH SHIVAMOGGA SHIVAMOGGA DISTRICT - 577201 …RESPONDENTS (BY SRI.BHOJEGOUDA T KOLLER, AGA FOR R1 TO R3: SRI B J SOMAYAJI, ADVOCATE FOR R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE R3 IN NO. JIPAMSHI/SI-2/ABI(4)/VIVA-160/2023-24 DATED 23/02/2024 PRODUCED AS ANNEXURE-E AND ETC. IN WP NO. 8825/2024 BETWEEN: 1. MURUGENDRAPPA S/O GUTHYAPPA AGED ABOUT 53 YEARS OCC. CLERK R/O HIREBILAGUNGI GRAMA PANCHAYATH SAGARA TALUK, SHIVAMOGGA DISTRICT-470001. 2. SANTHOSH KUMAR M S/O MAYAPPA AGED ABOUT 38 YEARS OCC. BILL COLLECTOR AREBILACHI GRAMA PANCHAYATH BHADRAVATI TALUK SHIVAMOGGA DISTRICT - 577245 ...PETITIONERS - 3 - HC-KAR NC: 2025:KHC:27761 WP No. 22438 of 2024 C/W WP No. 8825 of 2024 (BY SRI. KANTHARAJAPPA M G., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY RURAL DEVELOPMENT AND PANCHAYATH RAJ DEPARTMENT, MULTI STORIED BUILDINGS BENGALURU - 560001. 2. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH SHIVAMOGGA SHIVAMOGGA DISTRICT - 577201. 3. THE DEPUTY SECRETARY (DEVELOPMENT) AND GRAMA PANCHAYATH SECRETARY COM RURAL DEVELOPMENT ASSISTANT APPOINTMENT AND DISCIPLINARY AUTHORITY AND ZILLA PANCHAYATH SHIVAMOGGA - 577201. ...RESPONDENTS (BY SRI.BHOJEGOUDA T KOLLER, AGA FOR R1: SRI B J SOMAYAJI, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ORDER OR DIRECT TO QUASH THE ORDER PASSED BY THE R-3 IN NO. JIPAMSHI/SI-2/ABI(4)/VIVA-160/2023-24 DATED: 23.02.2024 PRODUCED AS ANNEXURE-D AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:27761 WP No. 22438 of 2024 C/W WP No. 8825 of 2024 CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. Learned AGA appearing for respondent Nos.1 and 2 and learned counsel appearing for respondent Nos.3 and 4 submits that in these writ petitions, the petitioners have called in question the appointment to the posts of Grama Panchayath Secretary Grade II and Second Division Assistant, which are Civil posts and they have 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) 3 SCC 261. - 5 - HC-KAR NC: 2025:KHC:27761 WP No. 22438 of 2024 C/W WP No. 8825 of 2024 3. In view of the above, the writ petitions are disposed of, reserving liberty for the petitioners to approach the appropriate legal forum. 4. All pending I.As., if any, are disposed of accordingly. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 28