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2025 DAILYLAW 70587 (KAR)

SRI.MURALIDHARA RAO v. STATE OF KARNATAKA

WP/16320/2025 · 2025-08-04

H T Narendra Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29974 WP No. 16320 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 16320 OF 2025 (S-R) BETWEEN: SRI.MURALIDHARA RAO S/O GURURAJ RAO AGED ABOUT 70 YEARS RETIRED SHANBHOUGE R/AT ITTAGIHAL VILLAGE SHIRAGUPPA TALUK BELLARY DISTRICT- 583121. PRESENTLY RESIDING AT POORNA PRAGNA VIDYA PEETHA KATHRIGUPPE MAIN ROAD BENGALURU- 560 028. …PETITIONER (BY SRI. ARAVINDA S N., ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY THE SECRETARY DEPARTMENT OF REVENUE VIKASA SOUDHA BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER BELLARY DISTRICT BELLARY-583 101. 3. THE TAHSILDAR SHIRGUPPA TALUK BELLARY DISTRICT SHIRGUPPA-581 158. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29974 WP No. 16320 of 2025 4. THE ACCOUNTANT GENERAL (A AND E) PARK HOUSE ROAD BENGALURU-560 001. …RESPONDENTS (BY SRI.SIDDARTH BABU RAO., AGA FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS MADE BY THE PETITIONER VIDE ANNEXURE-B, C AND D DATED: 05.07.2023, 14.07.2023 AND 19.09.2024 AND PERMIT THE PETITIONER TO AVAIL PENSIONARY BENEFITS AS SOUGHT IN HIS REPRESENTATION 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 Civil Servant and he has to approach the Karnataka State Administrative Tribunal (KSAT). 2. However, the learned counsel for the petitioner submitted that although the petitioner had approached the KSAT and the KSAT had directed the concerned respondents to consider the representations submitted - 3 - HC-KAR NC: 2025:KHC:29974 WP No. 16320 of 2025 by the petitioner, the respondents have not passed any order on those representations. Hence, the present petition has been filed. 3. 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(2) SCR 1186. 4. In view of the above, the writ petition is disposed of. The petitioner shall approach the Karnataka State Administrative Tribunal. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 19