- 1 - HC-KAR NC: 2025:KHC-D:18177 WP No. 101076 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 101076 OF 2025 (S-DIS) BETWEEN: SRI. BAKKAYYA MATAPATHI S/O SRI BASAYYA AGE. 22 YEARS, SOLDIER GENERAL DUTY (ALL ARMS) (UNDER RECRUITMENT) INDIAN ARMY, R/A. CHURCH ROAD, NEAR HDFC BANK, HIRIYUR, CHITRADURGA DISTRICT, KARNATAKA 577598. …PETITIONER (BY SRI. PRASHANT S. KADADEVAR, ADVOCATE) AND: 1. THE COMMANDANT O/O DIRECTOR RECRUITMENT, RECRUITING OFFICE HEADQUARTERS, INDIAN ARMY, BENGALURU 5600. 2. THE COLONEL DIRECTOR RECRUITING, RECRUITING OFFICE HEADQUARTERS, INDIAN ARMY, BENGALURU 560001. 3. THE MARATHA LIRC BELAGAVI 900499, BY ITS TRAINING OFFICER 4. THE STATE OF KARNATAKA REPT. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:18177 WP No. 101076 of 2025 DHARWAD BENCH THROUGH POLICE INSPECTOR, HIRIYUR TOWN POLICE STATION. …RESPONDENTS (BY SMT. GIRIJA S. HIREAMTH, HCGP FOR R4; SRI. M.B. KANAVI, ADVOCATE FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT CERTIORARI AND QUASH THE IMPUGNED DISCHARGE CERTIFICATE DATED 21.07.2022 VIDE ANNEXURE-R OF THE 1ST RESPONDENT AND ISSUED BY THE RESPONDENT NO.3 AS THE SAME IS ARBITRARY AND ILLEGAL AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY 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 a writ certiorari and quash the impugned Discharge Certificate dated 21.07.2022 vide Annexure-R of the 1st Respondent and issued by the Respondent No.3 as the same is arbitrary and illegal. B) Issue a writ of mandamus directing the Respondents to allow the Petitioner to continue as Soldier General Duty (All Arms), O/o RO (Headquarters), Bengaluru, Indian Army, Bengaluru as earlier and to extend the all consequential benefits arising thereto. and, C) Pass such other orders or issue such other directions as this Hon'ble Court deems fit in the - 3 - HC-KAR NC: 2025:KHC-D:18177 WP No. 101076 of 2025 facts and circumstances of the case in the interest of justice and equity. 2. This Court, owing to the fact of a dispute, with regard to whether the petitioner was in the address that he had given at the time of employment in the army, his services had been terminated. 3. This Court on 03.12.2025 had passed the following order: “The petitioner shall implead the State Government as a party respondent to these proceedings. Learned AGA is directed to accept notice for the respondent-State. The issue in the lis is with regard to termination of the petitioner, who was a probationer in the Army, solely on the score that the address that he had submitted to the Army at the time of recruitment, varies with the residential address. Therefore, the police verification has taken place twice. On both the occasions, it transpires that the issue goes against the petitioner. Therefore, the jurisdictional police shall now cause an inspection, draw up a report and place the report before the Court with regard to the address of the petitioner. List the matter on 12.12.2025.” 4. The State has now secured a report of inspection and the report is indicative of the fact that the petitioner does reside - 4 - HC-KAR NC: 2025:KHC-D:18177 WP No. 101076 of 2025 in the same place that he had given at the time of entry to the Army. 5. In the light of the said circumstance, the respondent No.1 and respondent No.2 shall now reconsider the case of the petitioner and if that is the only reason for his termination, consider his reinstatement into service with all such benefits within an outer limit of 8 weeks from the date of receipt of the copy of the ordered copy. 6. As a matter of form, the impugned endorsement stands. Sd/- (M.NAGAPRASANNA) JUDGE KGK CT:ANB List No.: 1 Sl No.: 97