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2025 DAILYLAW 59355 (KAR)

SMT. ARPITA P W/O LATE CHALAVADI MARUTI v. THE STATE OF KARNATAKA

WP/102291/2025 · 2025-08-28

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10840 WP No. 102291 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.102291 OF 2025 (S-RES) BETWEEN: SMT. ARPITA P W/O. LATE CHALAVADI MARUTI, D/O. PRABHAKARA A. Y., AGE: 27 YEARS, OCC: COOLIE, R/O: NITTUR, VILLAGE – 583 213, TQ: HARAPANAHALLI, DIST: VIJAYANAGARA. …PETITIONER (BY SRI. A. S. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, TO THE DEPARTMENT OF WOMEN AND CHILD WELFARE DEVELOPMENT, M.S. BUILDING, BENGALURU – 560 001. 2. THE DEPUTY COMMISSIONER, VIJAYANAGARA DISTRICT TB DAM ROAD TSPL BUILDING, HOSAPETE - 583 201. 3. THE DEPUTY DIRECTOR, WOMEN AND CHILD WELFARE DEVELOPMENT, DEPARTMENT VIJAYANAGARA DISTRICT , Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10840 WP No. 102291 of 2025 HOSAPETE - 583 201. 4. THE TAHASILDAR, HARAPANAHALLI TALUK, HARAPANAHALLI - 583 131, TQ: HARAPANAHALLI, DIST: VIJAYANAGARA. 5. THE CHILD DEVELOPMENT PROJECT OFFICER, (CDPO), HARAPANAHALLI TALUK, HARAPANAHALLI - 583 131, TQ: HARAPANAHALLI, DIST: VIJAYANAGARA. …RESPONDENTS (BY SRI. P.N.HATTI, HCGP FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA ISSUE WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION DIRECTING THE RESPONDENTS NO.2 AND 5 TO DROP/REJECT THE PROVISIONAL SELECTION OF SMT. SAVITRI MALLAPPA MELLATE FOR THE POST OF THE ANGANAWADI HELPER FOR THE POST OF ANGANAWADI CENTRE OF NITTUR VILLAGE (NITTUR-A CENTRE) OF THE HARAPANAHALLI TALUK OF VIJAYANAGARA DISTRICT BY CONSIDERING THE OBJECTIONS AS PER ANNEXURE-F TO F3 IN THE LIGHT OF THE GOVERNMENT ORDER DATED 03.12.2022 AS PER ANNEXURE-H. ISSUE WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION DIRECTING THE RESPONDENTS NO.2 AND 5 TO APPOINT THE PETITIONER THE POST OF THE ANGANAWADI HELPER FOR THE POST OF ANGANAWADI CENTRE OF NITTUR VILLAGE (NITTUR-A CENTRE) OF THE HARAPANAHALLI TALUK OF VIJAYANAGARA DISTRICT BY CONSIDERING THE REQUEST OF THE PETITIONER TO ACCORD HER PREFERENCE OF BEING WIDOWER AS STIPULATED BY THE GOVERNMENT ORDER DATED 03.12.2022 AS PER ANNEXURE-H AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10840 WP No. 102291 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: I. Issue Writ of Mandamus or any other order or Direction directing the Respondents No.2 and 5 to drop/reject the provisional selection of Smt. Savitri Mallappa Mellate for the Post of the Anganawadi helper for the post of Anganawadi Centre of Nittur Village (Nittur-A Centre) of the Harapanahalli Taluk of Vijayanagara District by considering the objections as per Annexure-F to F3 in the light of the Government Order dated 03.12.2022 as per Annexure-H. II. Issue Writ of Mandamus or any other Order or Direction directing the Respondents No.2 and 5 to appoint the Petitioner the Post of the Anganawadi helper for the post of Anganawadi Centre of Nittur village (Nittur-A Centre) of the Harapanahalli Taluk of Vijayanagara District by considering the request of the petitioner to accord her preference of being widower as stipulated by the government Order dated 03.12.2022 as per Annexure-H. III. Issue any other appropriate Writ, Order or Direction which deems fit to grant by this Hon’ble court. 2. Learned counsel for the petitioner has filed a memo for withdrawal of the petition, which reads as under: - 4 - HC-KAR NC: 2025:KHC-D:10840 WP No. 102291 of 2025 “The Counsel on behalf of the Petitioner submits as under: That, the Petitioner has preferred this instant petition humbly praying this Hon'ble Court to 1. Issue Writ of Mandamus or any other Order or Direction directing the Respondents No.2 & 5 to drop/reject the provisional selection of Smt. Savitri Mallappa Mellate for the Post of the Anganawadi helper for the post of Anganawadi Centre of Nittur Village (Nittur-A Centre) of the Harapanahalli Taluk of Vijayanagara District by considering the objections as per ANNEXURE- F to F3 in the light of the Government Order dated 03.12.2022 as per ANNEXURE-H. 2. Issue Writ of Mandamus or any other Order or Direction directing the Respondents No.2 & 5 to appoint the Petitioner the Post of the Anganawadi helper for the post of Anganawadi Centre of Nittur Village (Nittur-A Centre) of the Harapanahalli Taluk of Vijayanagara District by considering the request of the Petitioner to accord her preference of being widower as stipulated by the Government Order dated 03.12.2022 as per ANNEXURE-H. This Hon'ble Court vide order dated 27.06.2025 was pleased to direct the Learned AGA to accept notice on behalf the Respondents. However, it is submitted that during the pendency of this Petition, one Smt. Savitri Mallappa Mellate has been appointed to the Post of the Anganawadi helper for the Anganawadi Centre of Nittur Village (Nittur-A Centre) of the Harapanahalli Taluk of Vijayanagara District by the Respondent No. 5. Hence, the prayer sought for by the Petitioner does not survive for consideration, accordingly it is humbly prayed that this Hon'ble Court be pleased to dismiss this Petition for having become infructuous with liberty to challenge the impugned order of the appointment of Smt. Savitri Mallappa Mellate to the said post. Hence, this memo and the same may be taken on record In the interest of justice.” - 5 - HC-KAR NC: 2025:KHC-D:10840 WP No. 102291 of 2025 3. In view of the memo, the petition is dismissed as withdrawn. Sd/- (SURAJ GOVINDARAJ) JUDGE SH/CT-ASC List No.: 1 Sl No.: 104