Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 68658 (KAR)

SRI. S MAHADEVA SWAMY v. THE STATE OF KARNATAKA

WP/12068/2025 · 2025-09-10

H T Narendra Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:35684 WP No. 12068 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 12068 OF 2025 (S-RES) BETWEEN: SRI. S MAHADEVA SWAMY S/O MAHADEVAPPA AGED ABOUT 58 YEARS WORKING AS DAILY WAGE EMPLOYEE UNDER THE DAILY WAGE EMPLOYEES WELFARE BENEFIT'S ACT 2013 R/AT CHELUVANAHALLI VILLAGE KOLLEGAL TALUK-571440 CHAMARAJANAGARA DISTRICT …PETITIONER (BY SRI. THYAGARAJA S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPLE SECRETARY DEPARTMENT OF FOREST ENVIRONMENT & ECOLOGY ROOM NO.437, 4TH FLOOR 2ND GATE MULTI STORIED BUILDING BENGALURU-560001. 2. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST ARANYA BAHAVAN MALLESHWARAM BENGALURU-560012. 3. THE CHIEF CONSERVATOR OF FOREST OFFICE OF THE CHIEF CONSERVATOR OF FORESTS (TERRITORIAL) SULTHAN SHARIFF CIRCLE CHAMARAJANAGARA-571313. 4. THE DEPUTY CONSERVATOR OF FOREST OFFICE OF D.C.F, M.M. HILL WILD LIFE DIVISION Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35684 WP No. 12068 of 2025 BEHIND MARADIGUDDA TREE PARK KOLLEGALA, CHAMARAJANAGARA-571440. 5. THE ASSISTANT CONSERVATOR OF FOREST MALAI MAHADESHWARA HILL WILD LIFE DIVISION KOLLEGALA-571440. …RESPONDENTS (BY SRI.SIDHARTH BABU RAO., AGA FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAINING TO THE ENDORSEMENT DATED 31.01.2025 ISSUED BY THE 4TH RESPONDENT VIDE ANNEXURE-G, PERUSE THE SAME AND CONSEQUENTLY ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ENDORSEMENT BEARING NO.A2/SIBBANDI/KA.DI. NOU.KSHE.AA/DINAGULI/C.R. 16/2017-18/1495 DATED 31.01.2025 ISSUED BY THE 5TH RESPONDENT VIDE ANNEXURE-G AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. At the outset, learned AGA raised a preliminary objection regarding maintainability of the writ petition on the ground that the petitioner is holding a civil post and therefore, he has to approach the Karnataka State Administrative Tribunal. - 3 - HC-KAR NC: 2025:KHC:35684 WP No. 12068 of 2025 2. The grievance in respect of the ‘service matters’ cannot be a subject matter of adjudication at the hands of a writ Court, as the court of first instance, in the light of the decision of the Apex Court in the case of L.Chandra Kumar vs. Union of India and others reported in (1997) 3 SCC 261. 3. In view of the above, the writ petition is disposed of, with liberty reserved to the petitioner to approach the appropriate legal forum, if law permits. 4. Registry is directed to return the original or certified copies of the documents, if any, to the petitioner, after retaining the photocopies of the same for record purpose. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 4