SRI B MAHADEVASWAMY v. THE CHIEF EXECUTIVE OFFICER
WP/16559/2022 · 2025-07-23
H T Narendra Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 83526 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 83526 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:27898 WP No. 16559 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 16559 OF 2022 (S-RES) BETWEEN:
SRI B MAHADEVASWAMY AGED ABOUT 31 YEARS S/O BASAVANNA PARAMAPURA VILLAGE PADUGURUPOST 571123 TERAKANABMI HOBLI, GUNDLUPETE TALUK CHAMARAJANAGARA DISTRICT. …PETITIONER (BY SRI. KRISHNAMURTHY M R., ADVOCATE) AND:
1.
THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH CHAMARAJANAGARA CHAMARAJANAGARA 571313 CHAMARAJANAGARA DISTRICT.
2.
EXECUTIVE OFFICER TALUK PANCHAYATH GUNDLUPETE-571123 CHAMARAJANAGARA DISTRICT.
3.
PANCHAYAT DEVELOPMENT OFFICER PADGURU GRAMA PANCHAYATH PADUGURU 571123, GULDLUPETE TLAUK CHAMARAJANAGARA DISTRICT. …RESPONDENTS (BY SRI.CHANDRANATH R GOULAY., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 AND 3 TO CONSIDER THE RESOLUTION
Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA
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HC-KAR NC: 2025:KHC:27898 WP No. 16559 of 2022
PASSED BY THE R1 DATED: 16.4.2021 AS PER ANNEXURE-K AND TO APPROVE THE APPOINTMENT OF PETITIONER FOR THE POST OF WATER MAN IN THE R3 PANCHAYAT 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 a writ of Mandamus directing the respondent No.2 and 3 to consider the resolution passed by the 1st respondent dated 16-4-2021 as per Annexure-K and to approve the appointment of petitioner for the post of Water Man in the 3rd respondent Panchayat. b. Allow the writ petition with cost and grant such other relief as this Hon’ble Court deems fit under the circumstances of the case in the interest of justice.”
2. The case of the petitioner is that respondent No.3- Gram Panchayath issued a notification inviting applications for the post of waterman. The petitioner applied on 02.03.2020, submitting his SSLC marks card and other documents. As the petitioner had secured the highest
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HC-KAR NC: 2025:KHC:27898 WP No. 16559 of 2022
marks, he was selected and respondent No.3 passed a resolution dated 16.04.2021 (Annexure-K) recommending his appointment. This resolution was forwarded to respondent No.2-Taluk Panchayath, which, in turn sent it to respondent No.1-Zilla Panchayath, Chamarajanagara on 31.08.2021 (Annexure-M) for final approval. However, no action has been taken. Therefore, the petitioner submitted a representation dated 28.09.2021 (Annexure-N) to respondent No.3 requesting an appointment order as per the resolution passed by it. But no action has been taken on the representation submitted by the petitioner. Thereafter, the petitioner has also submitted representations to respondent Nos.1 and 2 on 06.11.2021 (Annexures P and Q), requesting them to consider his case and approve his appointment as per the resolution of respondent No.3. The Zilla Panchayath by communication dated 24.11.2021 (Annexure-R) instructed the Taluk Panchayath
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HC-KAR NC: 2025:KHC:27898 WP No. 16559 of 2022
to direct the Panchayath Development Officer to verify the contents of the representation in accordance with government guidelines and departmental recruitment criteria, and thereafter submit a report to the Zilla Panchayath for consideration. However, no action was taken by the Taluk Panchayath. In spite of multiple representations and official directions, the appointment of the petitioner has not been considered. Being aggrieved by the inaction of the authorities, the petitioner has filed this writ petition. 3.
In view of the above, it is suffice for this Court to direct respondent No.2 to take a decision as per the communication dated 24.11.2021 issued by the Zilla Panchayath vide Annexure-R and submit a report to the Zilla Panchayath, at the earliest. Hence the following
order:
ORDER a) The writ petition is disposed of.
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HC-KAR NC: 2025:KHC:27898 WP No. 16559 of 2022
b) Respondent No.2-Taluk Panchayath is
directed to take a decision as per the communication dated 24.11.2021 issued by respondent No.1-Zilla Panchayath vide Annexure-R and submit a report to the Zilla Panchayath, within four weeks from today. c) Thereafter, respondent No.1-Zilla Panchayath is directed to consider the same and pass appropriate orders, in accordance with law, within three months from the date of receipt of report from the Taluk Panchayath.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
HA LIST NO.: 1 SL NO.: 41