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2025 DAILYLAW 81680 (KAR)

SMT B MUMTAZ v. THE DIRECTOR OF MUNICIPAL ADMINISTRATION

WP/25949/2024 · 2025-11-19

Ashok S Kinagi

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:48010 WP No. 25949 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 25949 OF 2024 (S-RES) BETWEEN: SMT B MUMTAZ D/O LATE ISMAIL SAB AGED ABOUT 54 YEARS TOWN MUNCIPAL COUNCIL MALEBENNUR HARIHARA TALUK DAVANAGERE DISTRICT 577530 …PETITIONER (BY SRI. M S CHANDRASHEKAR BABU., ADVOCATE) AND: 1. THE DIRECTOR OF MUNICIPAL ADMINISTRATION GOVERNMENT OF KARNATAKA MINI TOWERS DR B R AMBEDKAR VEEDHI BANGALORE 560001 Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48010 WP No. 25949 of 2024 2. THE DEPUTY COMMISSIONER DAVANAGERE DAVANAGERE DISTRICT 3. THE CHIEF OFFICER TOWN MUNCIPAL COUNCIL MALEBENNUR HARIHARA TALUK DAVANAGERE DISTRICT 577530 4. PADMAVATHI AGED ABOUT 50 YEARS MANAGER TOWN MUNICIPAL CHINCHOLI KALABURAGI - 585 307 5. SHABANA BEGUM AGED ABOUT 44 YEARS MANAGER TOWN MUNICIPAL ALANDA KALABURAGI - 585 302 …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA FOR R1 & R2 SRI. M.B. RYAKHA, ADVOCATE FOR R4 & R5 V/O DATED 23.10.2025 NOTICE TO R3 IS H/S) - 3 - HC-KAR NC: 2025:KHC:48010 WP No. 25949 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OFFICIAL MEMORANDUM DATED 22.07.2024 PASSED BY THE R-1 AS PER ANNX-J, DIRECTING THE RESPONDENT TO CONSIDER THE CASE OF THE PETITIONER FOR SENIORITY AS PER REPRESENTATION ANNX-G AND H RESPECTIVELY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER Learned counsel for the petitioner submits that, the petitioner will not press prayer (a) and he submits that, the petitioner is seeking for a mandamus directing the respondent to consider the case of the petitioner for seniority as per the representations vide Annexures-G and H. 2. The petitioner has produced the documents today, wherein respondent No.3 has recommended for the promotion of the petitioner by communication dated - 4 - HC-KAR NC: 2025:KHC:48010 WP No. 25949 of 2024 18.03.2023 and the matter is pending before respondent No.2. He submits that, respondent No.2 may be directed to consider the representations vide Annexures-G and H, and pass the appropriate orders. Accordingly, prays to dispose of the writ petition. 3. Learned Additional Government Advocate for State submits that, if reasonable time is granted, respondent No.2 would consider the representations vide Annexures-G and H, and pass the appropriate orders in accordance with law. 4. In view of the submission made by the learned Additional Government Advocate, I proceed to pass the following: ORDER i. The writ petition is allowed; ii. Respondent No.2 is directed to consider the representations vide Annexures-G and H; while considering the representations, may also consider the recommendation made by - 5 - HC-KAR NC: 2025:KHC:48010 WP No. 25949 of 2024 respondent No.3 vide communication dated 18.03.2023 and pass the appropriate order in accordance with law within 8 weeks from the date of receipt of a copy of this order; iii. Pending IAs, if any, are disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 1 Sl No.: 24