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2025 DAILYLAW 75666 (KAR)

SRI SOMASHEKARAIAH v. STATE OF KARNATAKA

WP/41676/2017 · 2025-10-15

E S Indiresh

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41002 WP No. 41676 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 41676 OF 2017 (GM-RES) BETWEEN: SRI. SOMASHEKARAIAH S/O. LATE PATEL SIDDARAMAIAH AGED ABOUT 80 YEARS RESIDING AT YELANADU VILLAGE, CHIKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT - 572 101. …PETITIONER (BY SRI. SHIVA KUMAR G.M., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. ITS SECRETRY, REVENUE DEPARTMENT M.S. BUILDING, BANGALORE - 560 001. 2. THE DEPUTY COMMISSIONER TUMKUR DISTRICT, TUMKUR - 572 101. 3. THE TASHILDAR CHIKKANAYAKANAHALLI ALUK, TUMKUR DISTRICT - 572 214. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT ISSUED BY THE OFFICE OF R-3 DATED 20.2.2008 MARKED AS ANNXURE-D 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 E.S.INDIRESH Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41002 WP No. 41676 of 2017 ORAL ORDER Heard the learned counsel for the parties. 2. In this writ petition, the petitioner is assailing the Endorsements dated 20.02.2008 (Annexure-D) and 25.05.2009 (Annexure-G) issued by Respondent No.2 inter alia seeking for a direction to Respondents No.2 and 3 to consider his claim for grant of Compassionate Allowance to Ex-Hereditary Patels, as his name is reflecting in the Taluk Barabaluthi Register, produced at Annexure-E to the petition. 3. Having heard the learned counsel for the parties, I have carefully considered the averments made in the petition and also the operative portion of the order dated 14.08.1996 in W.P.No.34455/1995 (Annexure-A) to the writ petition. 4. In the backdrop of these aspects, it is to be noted that the petitioner, claiming to be the Hereditary Patel, has challenged the Original Order dated 23.11.1993 before Respondent No.3 and thereafter, the same was questioned before this Court in the above Writ Petition and this Court by order dated 14.08.1996 (Annexure-A) quashed the order dated 23.11.1993 and directed the Respondent to consider the case - 3 - HC-KAR NC: 2025:KHC:41002 WP No. 41676 of 2017 of the petitioner for payment of Compassionate Allowance in terms of the Government Order dated 20.09.1984. 5. In that view of the matter, on careful consideration of the reasons assigned by the Respondent-Authorities in the Endorsement dated 20.02.2008 (Annexure-D), I am of the view that the same is not sustainable in law and non-application of mind by the Respondent-Authorities and as such, the same is required to be set aside in this writ petition. 6. In that view of the matter, it is open for the petitioner herein to make a representation to Respondent No.2 seeking Compassionate Allowance in terms of the order dated 14.08.1996 passed in W.P.No.34455/1995 (Annexure-A) and if such a representation is made within two weeks from the date of receipt of the certified copy of this order, the same shall be considered by Respondent No.2 within four weeks from the date of receipt of the same, in accordance with law. With this observation, writ petition is disposed of. SD/- (E.S.INDIRESH) JUDGE rs/CT-SG/List No.: 1 Sl No.: 27