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2025 DAILYLAW 64374 (KAR)

SRI.RAMALI S/O. LATE DURGAPPA, v. THE STATE OF KARNATAKA

WP/113908/2019 · 2025-09-19

S R Krishna Kumar

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12719 WP No. 113908 of 2019 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR WRIT PETITION NO. 113908 OF 2019 (S-DIS) BETWEEN: SRI. RAMALI S/O. LATE DURGAPPA AGE: 45 YEARS, OCC: NIL AND EX GRAM SAHAYAK (VILLAGE ASSISTANT), HOSKOTE CIRCLE, R/O. MARIYAMMANA HALLI HOBLI, TQ: HOSAPETE, DIST: BALLARI-583201. …PETITIONER (BY SRI. GANAPATI M.BHAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS UNDER SECRETARY, DEPARTMENT OF REVENUE, M.S BUILDING, DR. AMBEDKAR ROAD, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, BALLARY, DIST: BALLARY-583101. 3. ASSISTANT COMMISSIONER, HOSAPETE SUB-DIVISION, HOSAPETE, DIST: BALLARY-583201. 4. THE TAHASILDAR, HOSAPETE TALUK, AT: HOSAPETE, DIST: BALLARY-583201. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA) Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12719 WP No. 113908 of 2019 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OR DIRECTIONS TO QUASH ORDER DATED 08.08.2014 IN NO.KAM/GRA.LE.C/20/2014-15 PASSED BY 4TH RESPONDENT HEREIN VIDE ANNEXURE-E AND FURTHER RE-APPOINT THE PETITIONER FOR THE POST OF GRAM SAHAYAKA/VILLAGE ASSISTANT AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR) In this petition, the petitioner seeks the following reliefs: A) Writ in the nature of CERTIORARI to quash Order dt:08/08/2014 in No.Kam/Gra.Le.C/20/2014-15 passed by 4th respondent herein vide Annexure- E and further re-appoint the petitioner for the post of Gram Sahayaka/Village Assistant; B) Pass such order or orders which this Hon'ble High Court deems fit and necessary under the facts and circumstances of the case. - 3 - HC-KAR NC: 2025:KHC-D:12719 WP No. 113908 of 2019 2. Heard the learned counsel for the parties and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner having been appointed as the Village Assistant (Gram Sahayak) by the respondent No.4 at Hosakote Circle of Hosapete Taluk, was alleged to have furnished a false genealogy and was imposed a fine of Rs.5,000/- which was paid by the petitioner on 10.02.2014. However, subsequently, without conducting any enquiry and in violation of principles of natural justice, the respondent No.4/Tahasildar proceeded to pass the impugned order at Annexure-E dated 08.08.2014, dismissing the petitioner from service. Aggrieved by which, the petitioner is before this Court by way of the present petition urging various contentions. 4. The respondents have opposed the petition and sought for its dismissal. 5. Though several contentions have been urged by both sides in support of their respective claims, a perusal of - 4 - HC-KAR NC: 2025:KHC-D:12719 WP No. 113908 of 2019 the impugned order at Annexure-E dated 08.08.2014, will indicate that without conducting any enquiry and without notifying or hearing the petitioner, the respondent No.4/Tahasildar has proceeded to dismiss the petitioner from service which is clear in violation of principles of natural justice. 6. Under these circumstances, without expressing any opinion on the merits/demerits of the rival contentions, I deem it appropriate to set aside the order at Annexure-E dated 08.08.2014, and remit the matter back to the respondent No.4 for reconsideration afresh in accordance with law. 7. In the result, I pass the following: ORDER (i) The petition is allowed. (ii) The impugned order dated 08.08.2014 at Annexure-E is hereby set aside and the matter is remitted back to the respondent No.4. - 5 - HC-KAR NC: 2025:KHC-D:12719 WP No. 113908 of 2019 (iii) The respondent No.4 shall issue a notice and notify the petitioner and provide him sufficient and reasonable opportunity to put forth his claim and thereafter, proceed further in accordance with law. (iv) Liberty is reserved in favour of the petitioner to file pleadings, documents, replies etc., before the respondent No.4 and take up all contentions, which shall be considered by the respondent No.4. Sd/- (S.R. KRISHNA KUMAR) JUDGE SMM / Ct:vh List No.: 1 Sl No.: 2