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2025 DAILYLAW 84212 (KAR)

YALLAPPA S/O BUDDIVANTHAPPA DODDAMANI v. THE DIRECTOR GENERAL OF HOME GUARDS

WP/106778/2025 · 2025-09-15

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:11999 WP No. 106778 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106778 OF 2025 (S-RES) BETWEEN: YALLAPPA S/O. BUDDIVANTHAPPA DODDAMANI, AGE: 48 YEARS, OCC. PLATOON COMMANDANT, TALUK: UNIT KOPPAL, R/O. BELADAR COLONY NEAR KALIDAS, HIGH SCHOOL, KOPPAL, AT. POST: KOPPAL, TQ. KOPPAL, DIST. KOPPAL - 583 231. …PETITIONER (BY SRI. H.N. GULARADDI, ADVOCATE) AND: 1. THE DIRECTOR GENERAL OF HOME GUARDS CIVIL DEFENCE SERVICE DEPARTMENT, GOVT. OF KARNATAKA NO.1, ANNASWAMI MUDALIYAR ROAD, BANGALORE-560001. 2. SUPERINTENDENT OF POLICE, KOPPAL, KOPPAL - 583 231. 3. THE COMMANDANT DISTRICT COMMANDANTS OF HOME GUARDS, KOPPAL - 583 231. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1 TO R3) --- Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11999 WP No. 106778 of 2025 THIS WRIT PETITION IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A. ISSUE THE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO 3 TO CONSIDER THE REPRESENTATION VIDE ANNEXURE-H DATED 04-2-2025 IN CONNECTION WITH REVOKE THE DISMISSAL ORDER AND RE-JOIN THE SERVICE IN RESPONDENT NO.3 DEPARTMENT IN THE INTEREST OF JUSTICE AND EQUITY. B. ANY OTHER WRIT OR DIRECTION OR ORDER, WHICH THIS HON’BLE COURT DEEMS FIT AND PROPER UNDER THE FACTS AND CIRCUMSTANCE OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent Nos.1 to 3. 2. The petitioner is before this Court seeking for the following reliefs: a. Issue the writ in the nature of mandamus directing the Respondent no.1 to 3 to consider the Representation vide Annexure-H dated 04- 2-2025 in connection with revoke the dismissal order and re-join the service in respondent no.3 department in the interest of justice and equity. b. Any other writ or direction or order, which this Hon’ble court deems fit and proper under the facts and circumstance of the case in the interest of justice and equity. - 3 - HC-KAR NC: 2025:KHC-D:11999 WP No. 106778 of 2025 3. The representation which had been submitted by the petitioner at Annexure-H dated 04.02.2024 was for revocation of dismissal order and permitting the petitioner to rejoin. Such a representation could firstly not be submitted without challenging the order of dismissal. Secondly, a mandamus cannot be issued on such a representation. 4. Hence, the petition stands dismissed, reserving liberty to the petitioner to challenge the dismissal order. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT:PA List No.: 1 Sl No.: 27