- 1 - HC-KAR NC: 2025:KHC-D:10339 WP No. 105788 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105788 OF 2025 (S-RES) BETWEEN: MARUTI S/O. SOMAPPA BETASOOR, AGE: 45 YEARS, OCC: GRAMSAHAYAK, (NOW RELIEVED), R/O: KUTARANATI – 591 126, TQ: SAUNDATTI, DIST: BELAGAVI. …PETITIONER (BY SRI. LAXMAN T. MANTAGANI, ADVOCATE) AND: 1. DEPUTY COMMISSIONER, AND DISTRICT MAGISTRATE, BELAGAVI DISTRICT, BELAGAVI – 59 0001. 2. ASSISTANT COMMISSIONER BAILHONGAL SUB-DIVISION, BAILHONGAL, DIST: BELAGAVI – 591 102. 3. TAHASILDAR AND TALUKA EXECUTIVE MAGISTRATE, SAUNDATTI – 591 126, TQ: SAUDATTI, DIST: BELAGAVI. …RESPONDENTS (BY SRI P. N. HATTI, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 01.03.2025 BEARING NO. VaTaNa/ViVa-39/2019-20 PASSED BY THE RESPONDENT NO.3, VIDE ANNEXURE-G; ISSUE A WRIT IN THE NATURE OF MANDAMUS TO Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10339 WP No. 105788 of 2025 PAY/DISBURSE THE SALARY TO THE PETITIONER FROM THE DATE OF HIS DISMISSAL/ REMOVAL TILL HE IS REINSTATED, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned High Court Government Pleader accepts notice for respondents. 2. The petitioner is before this Court seeking for the following reliefs: a) Issue a Writ of Certiorari to quash the impugned order dated 01.03.2025 Bearing no. VaTaNa/ViVa-39/2019-20 passed by the Respondent no.3, vide Annexure-G. b) Issue a Writ in the Nature of mandamus to pay/disburse the salary to the petitioner from the date of his dismissal/ removal till he is reinstated, in the interest of justice and equity. 3. The petitioner had been appointed as Gram Sahayak of Tadasalur village, Murgod Hobli, Tq: Savadatti on 04.08.2013. A criminal case came to be registered against the petitioner by the Anti-Corruption Bureau, Belgavi (for short ‘ACB) and was subjected to trap by - 3 - HC-KAR NC: 2025:KHC-D:10339 WP No. 105788 of 2025 the ACB Police on 18.02.2019. The trap being successful, the petitioner was temporarily relieved from service, and the said matter is pending before the Special Court, Lokayukta, Belagavi in Special Case No.112/2020. 4. Subsequent to the trap, the petitioner was relieved from service on 16.03.2019. However, the Tahasildar, Saundatti on the direction of the Assistant Commissioner, Bailahongal, had reinstated the petitioner to duty from 01.07.2019. The Lokayukta, having been informed about the same subsequently, had sought for explanation as to how the petitioner was reinstated, pending the proceedings, which had been initiated against the petitioner and it is in that background that the Tahasildar vide order dated 01.03.2025, relieved the petitioner from duty. It is challenging the same, the petitioner is before this Court seeking for the aforesaid relief. - 4 - HC-KAR NC: 2025:KHC-D:10339 WP No. 105788 of 2025 5. The submission of learned counsel for the petitioner is that the petitioner has been relieved from duty once again after reinstatement without necessary notices having been issued to the petitioner and as such, the same is in violation of the principles of national justice. 6. I am unable to accept the said submission of the learned counsel for the petitioner for the simple reason that the trap having been laid, which has been successful, the proceedings have been initiated in Special Case No.112/2020, which is pending before the Special Court, Lokayukta, Belagavi. 7. Such being the case, neither the Assistant Commissioner, nor the Tahasildar, could have directed the petitioner to be reinstated when such serious allegations had been made. An explanation in that regard has been sought for by the Lokayukta, the Tahasildar has finally woken up and done the right thing in relieving the petitioner from the - 5 - HC-KAR NC: 2025:KHC-D:10339 WP No. 105788 of 2025 service. There would be no requirement for any further notices to have been issued to the petitioners since the reinstatement itself is improper on part of the Tahasildar under the directions of the Assistant Commissioner. 8. In that view of the matter, I pass the following: ORDER i. Writ petition is dismissed. ii. Respondent No.1/Deputy Commissioner is directed to look into the matter and advise his officers accordingly. Sd/- (SURAJ GOVINDARAJ) JUDGE AM/- CT:PA List No.: 1 Sl No.: 44