- 1 - HC-KAR NC: 2025:KHC-D:15070 WP No. 104978 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 104978 OF 2025 (S-RES) BETWEEN: SMT. MALLAWWA D/O. BASAVARAJ KARIGAR, AFTER MARRIAGE MALLAWWA @ SUMA W/O. GANGADHAR METI, AGE. 38 YEARS, OCC. PRIVATE SERVICE, NOW NIL, R/O. BUDNI P D, MAHALINGAPUR, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT – 587 103. … PETITIONER (BY SRI. DUNDAPPA MALLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU – 560 001. 2. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, BELAGAVI, TQ. AND DIST. BELAGAVI – 591 101. 3. THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES, BELAGAVI, TQ. AND DIST. BELAGAVI – 591 101. 4. THE CHIEF EXECUTIVE OFFICER, KITTUR RANI CHANNAMMA URBAN CREDIT SOUHARD SAHAKARI LTD., BAILHONGAL, MRUTYUNJAYA NAGAR CROSS, ELAGAVI ROAD, BAILHONGAL, TQ. BAILHONGAL, DIST. BELAGAVI – 591 102. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 TO R3; R4 - SERVED) VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.11.07 11:53:44 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15070 WP No. 104978 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.4 TO CONSIDER THE REPRESENTATIONS VIDE ANNEXURES-H, J, J1, N AND N1, DATED 04.09.2024 THROUGH MAIL AND PERSONALLY DATED 14.10.2024, 09.12.2024, 17.04.2025 AND 21.04.2025, MADE BY THE PETITIONER, IN ACCORDANCE WITH LAW. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.4 TO CONSIDER THE REPRESENTATIONS AND PROVIDE THE ALL MEDICAL AND SERVICE BENEFITS TO THE PETITIONER AS REQUESTED IN THE ANNEXURES-N AND N1, DATED 17.04.2025 AND 21.04.2025, IN ACCORDANCE WITH LAW. ISSUE A WRIT IN NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.4 to RETURN BACK THE AGREEMENT AND BLANK CHEQUES TO THE PETITIONER WHICH WAS TAKEN AS SECURITY, VIDE ANNEXURE-P AND P1 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 in the nature of Mandamus directing the respondent no.4 to consider the representations vide Annexures-H, J, J1, N and N1, dated 04.09.2024 through mail and personally dated 14.10.2024, 09.12.2024, 17.04.2025 and 21.04.2025, made by the petitioner, in accordance with law. B. Issue a writ in the nature of Mandamus directing the respondent no.4 to consider the representations and provide the all medical and service benefits to the petitioner as requested in the Annexures-N and N1, dated 17.04.2025 and 21.04.2025, in accordance with law. C. Issue a writ in nature of Mandamus directing the respondent no.4 to return back the agreement and - 3 - HC-KAR NC: 2025:KHC-D:15070 WP No. 104978 of 2025 blank cheques to the petitioner which was taken as security, vide Annexure-P and P1. D. Pass such other order or orders as this Hon’ble court may deem fit, just, proper, necessary and expedient in the circumstances of the case. 2. The petitioner gets employed in the fourth respondent - Bank as a Manager on 02.05.2007. The petitioner, owing to certain health issues, submits his resignation on 04.09.2024 seeking his immediate relieve from the service of the bank as he could not continue in the bank. The petitioner then has submitted plethora of representations seeking his relieve on account of his submission of resignation along with the necessary medical certificates. The representations are 14.10.2024, 09.12.2024, 17.04.2025 and 21.04.2025. Notwithstanding the same, the fourth respondent has not relieved the petitioner on acceptance of resignation. It is therefore the petitioner is before the Court. 3. Learned counsel for the petitioner submits that the petitioner has a serious medical ailment and cannot continue to function as a Manager of the Bank and therefore has submitted the representation seeking resignation. - 4 - HC-KAR NC: 2025:KHC-D:15070 WP No. 104978 of 2025 4. The fourth respondent though served long ago, remains unrepresented. 5. In the light of the circumstance projected by the petitioner, I deem it appropriate to direct the fourth respondent - Bank to pass necessary orders on the representation of the petitioner seeking to resign from the services as it is a settled principle of law that an application for resignation cannot be withheld without justifiable reasons. The order of acceptance or otherwise of the resignation of the petitioner shall be passed within eight (8) weeks from the date of receipt of a copy of this order. Sd/- (M.NAGAPRASANNA) JUDGE VNP / CT-ASC List No.: 1 Sl No.: 12