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2025 DAILYLAW 82256 (KAR)

SRI. L PRAKASH v. THE STATE OF KARNATAKA

WP/20583/2021 · 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. 20583 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. 20583 OF 2021 (S-RES) BETWEEN: 1. SRI. L PRAKASH S/O LATE LINGAPPA AGED ABOUT 65 YEARS R/AT NO.2200 6TH CROSS PRASHANTHNAGAR, T DASARAHALLI TUMKURU ROAD, BENGALURU-560057. 2. H SONNAPPA S/O LATE LAKSHMIPATHI SETTY AGED ABOUT 65 YEARS R/AT HEROHALLI NEAR BBMP OFFICE VISHWANEEDAM POST, BENGALURU-560091. ...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, BANGALORE-560001. 2. THE MANAGING DIRECTOR KARNATAKA HANDLOOM DEVELOPMENT CORPORATION LTD., HEAD OFFICE PRIYADARSHINI NEKARA BHAVANA VIDHYA NAGARA, HUBLI-58000. ...RESPONDENTS (BY SRI.NAGARAJ D., ADVOCATE) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29534 WP No. 20583 of 2021 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE OFFICIAL ORDER BEARING NO: KHDC/MD/ /ADM/HO/2021- 22/377 AND ORDER BEARING NO: KHDC/MD/ ADM/HO/2021- 22/376 DATED 05.06.2021 ISSUED BY THE R2 AS PER ANNEXURE-G AND G1 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 petitioners have sought for the following relief/s: “a) Issue writ in the nature of certiorari to set aside the official order bearing No.KHDC/MD/ ADM/HO/2021-22/377 dated:05-06-2021 and order bearing No.KHDC/MD/ADM/HO/2021-22/376 dated:05-06-2021 issued by the 2nd respondent as per ANNEXURE-G & G1 respectively. b) issue writ in the nature of mandamus directing the 2nd respondent to consider the representation filed by the Petitioners dated: 26-07-2021 as per ANNEXURE- H & H1 respectively for restoring two weightage increments to the petitioners with effect from 1-4-2009 with all monitory benefits and consequential financial benefits to the petitioner pursuant to the order issued by the 2nd respondent - 3 - HC-KAR NC: 2025:KHC:29534 WP No. 20583 of 2021 dated: 2-8-2013 as per ANNEXURE-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 matter requires to be remitted back to the respondent to reconsider the matter afresh, in accordance with law. 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 respondent-Corporation is directed to reconsider the matter afresh, in accordance with law, after giving notice to the petitioners. c) The petitioners are at liberty to file objection along with all relevant records in response to the notice. - 4 - HC-KAR NC: 2025:KHC:29534 WP No. 20583 of 2021 d) The respondent-Corporation is directed to consider the objection to be submitted by the petitioners 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 HA List No.: 1 Sl No.: 0