SHRI SHIVANANDA S/O SOMAPPA JAKATHI v. THE STATE OF KARNATAKA
WP/107199/2024 · 2025-01-21
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7896 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7896 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:1033 WP No. 107199 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF JANUARY, 2025
BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO.107199 OF 2024 (S-RES)
BETWEEN:
SHRI SHIVANANDA S/O. SOMAPPA JAKATHI, AGE: 29 YEARS, OCC: AGRICULTURE, R/O: INCHAL VILLAGE, SAVADATTI, TQ AND DIST: BELAGAVI – 591 102. …PETITIONER (BY SRI SHARAD M. PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, THROUGH NAVANAGAR POLICE STATION, BAGALKOT – 587 103. 2. CHIEF SECRETORY, STATE GOVERNMENT OF KARNATAKA , BANGALURU, M.S.S BUILDING, AMBEDKAR VEEDHI, BENGALURU – 560 001. 3. RECRUITMENT ADDITIONAL DIRECTOR GENERAL OF POLICE,
Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka
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NC: 2025:KHC-D:1033 WP No. 107199 of 2024
KARLTEN BHAVAN, PALACE ROAD, BENGALURU – 560 001. 4. COMMANDANT OFFICER, 10TH FLOOR, KSRP, GANGEBHAVI, SHIGAVVI – 581 205, DIST: HAVERI. 5. DISTRICT COMMISSIONER, BAGALKOT, APMC YARD, BAGALKOT – 587 103. 6. SUPERINTENDENT OF POLICE, BAGALKOT, SECTOR 23 SECTOR 63 A NAVA NAGAR, BAGALKOT – 587 103. 7. POLICE INSPECTOR, NAVANAGAR, POLICE STATION, BAGALKOT – 587 103. …RESPONDENTS (BY SRI KIRTILATA R. PATIL, HCGP0
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 16/10/2024 VIDE ANNEXURE-D OF THE PETITIONER AND PASS APPROPRIATE ORDERS AND APPOINT THE PETITIONER TO THE POST OF POLICE CONSTABLE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THERIEN AS UNDER:
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NC: 2025:KHC-D:1033 WP No. 107199 of 2024
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court seeking for the following relief:
“i) Issue a writ in the nature of Mandmaus or any other appropriate writ, order or direction, directing the respondents to consider the representation dated 16.10.2024 vide Annexure-D of the petitioner and pass appropriate orders and appoint the petitioner the post of police constable in the interest of justice and equity. ii) Issue any other writ, order or direction to which the petitioner is found entitled to in the present facts and circumstances.”
2.
The petitioner is an applicant for appointment to the post of Police Constable, which was not considered on the ground that, at the time of appointment a crime in Crime No.118 of 2020 which had by then become C.C. No.47 of 2022 was pending. In that light, the appointment
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NC: 2025:KHC-D:1033 WP No. 107199 of 2024
was not offered. It transpires that the case in C.C. No.47 of 2022 comes to be quashed by this Court in Crl.P. No.102342 of 2023. 3. In that light, the petitioner has submitted a representation to the respondents on 06.10.2023 after quashment of the crime as aforesaid. The representation has not yet met its consideration at the hands of the respondents. Therefore, the petitioner is at the doors of this Court. 4. Learned HCGP would oppose the petition directing that the petitioner has to approach the Karnataka State Administrative Tribunal, though the opposition is correct in the peculiar facts as it is only to consider the representation of the petitioner, I deem it appropriate to direct the State to consider the same within an outer limit of four months and pass necessary orders in accordance with law. - 5 -
NC: 2025:KHC-D:1033 WP No. 107199 of 2024
5. It is made clear that, this Court has not gone into the merit of the claim of the petitioner. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE
VNP/CT-ASC List No.: 1 Sl No.: 18