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2025 DAILYLAW 74107 (KAR)

SRI K. PAPANNACHAR v. THE STATE OF KARNATAKA

WP/21483/2021 · 2025-07-31

H T Narendra Prasad

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29534 WP No. 21483 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 21483 OF 2021 (S-RES) BETWEEN: 1. SRI K. PAPANNACHAR S/O LATE KEMPACHAR AGED ABOUT 61 YEARS R/AT NO 12, 5TH MAIN ROAD NEAR MUNESHWARA TEMPLE HEGGANAHALLI CROSS VISHWANEEDUM POST BANGALORE 560091. 2. G IMAM SABI S/O LATE HUSSAIN SABI AGED ABOUT 62 YEARS R/AT NO 330, E-215 MASJID CROSS ROAD YELAHANKA, BANGALORE 560064 ...PETITIONERS (BY SRI. SUNDARESH H C.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPT. BY SECRETARY TO GOVERNMENT DEPT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA, BENGALORE 560001. 2. THE MANAGING DIRECTOR KARNATAKA HANDLOOM DEVELOPMENT CORPORATION LTD. HEAD OFFICE PRIYADARSHINI NEKARA BHAVANA VIDHYA NAGARA, HUBLI 580001 ...RESPONDENTS Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29534 WP No. 21483 of 2021 (BY SRI.B J ESWARAPPA, AGA FOR R1: SRI NAGARJ D., ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE LETTER BEARING NO: KHDC/MD/ADMIN/HO/2021-22/584 DATED: 19.07.2021 AND LETTER BEARING NO: KHDC/MD/ ADMN/ HO/ 2021-22, DATED 19.07.2021 AND SET ASIDE THE OFFICE ORDER BEAING No: KHDC/MD/ADMIN/HO/2019- 20/2429, DATED 14.01.2020, ISSUED BY THE R-2 VIDE ANNEXURE-K, K1 AND L RESPECTIVELY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner has sought for the following relief/s: “a) Issue writ in the nature of certiorari to set aside the letter bearing No. KHDC/ MD/ADMIN/HO/2021- 22/584, dated: 19-07-2021 and letter bearing No. KHDC/MD/ADMIN/HO/2021-22/583, dated: 19-07- 2021 and set aside the office order bearing No. KHDC/ MD/ADMIN/HO/2019-20/2429, dated: 14.01.2020, issued by the Respondent, as as per the ANNEXUREK, K1 & L respectively. 2. b) Issue writ in the nature of mandamus directing the respondent to consider the representation filed by the Petitioner dated 07.08.2021 and 09.08.2021, - 3 - HC-KAR NC: 2025:KHC:29534 WP No. 21483 of 2021 as per ANNEXURE: N & N1 to restore the two weightage increments to the Petitioners w.e.f 01-04- 2009, with all monetary benefits, pursuant to the order issued by the 2nd Respondent dated 09.07.2013 and 02.08.2013 as per the ANNEXURE: B, C & D respectively. c) Pass such other order or direction as this Hon'ble Court deems fit on the fact and circumstances of the case in the interest of justice and equity.” 2. In view of the order passed in W.P.No.767/2021, the above writ petition requires to be partly allowed and the impugned order passed by the respondent-Corporation is liable to be quashed. Therefore, following order is passed: ORDER a) The writ petition is allowed in part in terms of order passed in W.P.No.767/2021. b) The impugned order dated 14.01.2020 issued by the respondent vide Annexure-L is quashed. - 4 - HC-KAR NC: 2025:KHC:29534 WP No. 21483 of 2021 c) The respondent-Corporation is directed to reconsider the matter afresh, in accordance with law, after giving notice to the petitioners. d) The petitioners are at liberty to file objection along with all relevant records in response to the notice. e) The respondent-Corporation is directed to consider the objection to be submitted by the petitioner and to pass an appropriate order in accordance with law and the respondent is further directed to complete this process within a period of six months from the date of receipt of the certified copy of this order. In view of dismissal of petition, all pending I.As., if any, are disposed of accordingly. Sd/- (H.T. NARENDRA PRASAD) JUDGE