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2025 DAILYLAW 66077 (KAR)

THE STATE OF KARNATAKA v. SHRI BASAVARAJ MARAGANNAVAR S/O FAKIRAPPA MARAGANNAVAR

WP/103569/2025 · 2025-10-16

Geetha K B, S G Pandit

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:14019-DB WP No. 103569 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. WRIT PETITION NO. 103569 OF 2025 (S-KAT) BETWEEN: 1. THE STATE OF KARNATAKA REPRESENTED BY PRL. SECRETARY DEPARTMENT OF AGRICULTURE, 4TH FLOOR, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE COMMISSIONER OF AGRICULTURE SHESHADRI ROAD, BENGALURU - 560 009. …PETITIONERS (BY SRI. G.K. HIREGOUDAR, PRL. GOVERNMENT ADVOCATE) AND: 1. SHRI BASAVARAJ MARAGANNAVAR S/O. FAKIRAPPA MARAGANNAVAR AGED ABOUT 44 YEARS, PRESENTLY WORKING AS AGRICULTURE OFFICER (TECHNICAL OFFICER-2) O/O. ASSISTANT DIRECTOR OF AGRICULTURE ANEBENNUR - 581 115 BHARATHI H M Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.27 15:03:44 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14019-DB WP No. 103569 of 2025 TQ-RANEBENNUR DIST-HAVERI R/O. H.NO.47 ASHIRVAD, NEAR NEW LIC OFFICE, SHANTI NAGAR, RANEBENNUR-581 115 TAL: RANEBENNUR, DIST: HAVRI. 2. SHRI GULAPPA BATTIKOPPAD S/O. MAHADEVAPPA BATTIKOPPAD AGED ABOUT 47 YEARS, PRESENTLY WORKING AS AGRICULTURE OFFICER (TECHNICAL OFFICER-1) O/O. DEPUTY DIRECTOR OF AGRICULTURE-2, RANEBENNUR-581 115 TQ-RANEBENNUR DIST-HAVERI R/O.H NO.17, 4TH MAIN, NEAR MATA SCHOOL, HALAGERI ROAD, RANEBENNUR - 581 115 TAL-RANEBENNUR, DIST: HAVERI. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE ORDER DATED 23.04.2024 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI IN APPLICATION NO.10174 AND 10175/2023 (ANNEXURE-C TO THE WRIT PETITION) AND GRANT SUCH OTHER RELIEFS AS THIS COURT MAY DEEM FIT IN THE CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. - 3 - HC-KAR NC: 2025:KHC-D:14019-DB WP No. 103569 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) The State Authorities in Agriculture Department are before this Court in this petition under Articles 226 of the Constitution of India questioning the Order dated 23.04.2024 in Application No.10174 and 10175 of 2023 passed by the Karnataka State Administrative Tribunal, Belagavi (for short ‘Tribunal’) wherein it has passed the following order:- “(i) The applications are allowed. (ii) Respondents are directed to take action as per Section 34 of Disability Act, 2016 regarding promotion under reservation quota and consider representations of the applicants within six months of the date of issue of this order. (iii) A copy of this order be made available to Chief Secretary, Government of Karnataka for taking steps for implementing the judgment of the Hon'ble Supreme Court in the case of State of Kerala and Others Vs. Leesamma Joseph (Supra) within a reasonable time.” 2. Heard Sri G.K.Hiregoudar, learned Principal Government Advocate for petitioners and perused the entire writ petition papers. - 4 - HC-KAR NC: 2025:KHC-D:14019-DB WP No. 103569 of 2025 3. During the course of hearing, we noticed that Government by order dated 17.05.2025 has taken a policy decision to provide reservation to the physically challenged to an extent of 4% in the matter of promotion, even to Group ‘A’ Junior scale and Group B post. In view of the above stated government order dated 17.05.2025, the question raised by the government in the present writ petition would no more survive. The government has accepted the mandate in terms of Section 34 of the Disability Act, 2016. 4. In view of the above, the writ petition stands disposed of. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE VMB CT-CMU LIST NO.: 1 SL NO.: 37