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2025 DAILYLAW 85075 (KAR)

SMT GEETA B. KANCHI, v. VIDYA PRASARAK MANDAL BAGALKOT,

WP/106466/2024 · 2025-09-15

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12012 WP No. 106466 of 2024 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. 106466 OF 2024 (GM-CPC) BETWEEN: SMT. GEETA B. KANCHI, AGE: 77 YEARS, OCC. RETIRED PRINCIPAL, R/O. SITE NO.81-E, SECTOR NO.56, NAVANAGAR, TQ. AND DIST. BAGALKOTE-587101. …PETITIONER (BY SRIYUTHS. K.L. PATIL, S.S. BETURMATH, S.A. SONDUR, ADVOCATES) AND: 1. VIDYA PRASARAK MANDAL BAGALKOTE, R/BY. ITS HONORARY SECRETARY, SAKRI HIGH SCHOOL, NEAR SHREE SHAKTI TALKIES COMPOUND, BAGALKOTE-587101. 2. THE DEPUTY DIRECTOR OF PRE-UNIVERSITY EDUCATION, ROOM NO.35, MINI VIDHANA SOUDHA, NAVANAGAR, TQ. AND DIST. BAGALKOTE-587101. 3. THE COMMISSIONER, DIRECTOR OF PRE-UNIVERSITY EDUCATION, 18TH CROSS, MALLESHWARAM, BENGALURU-560012. …RESPONDENTS (BY SRIYUTHS. OMKAR L. DESAI AND MALA BHUTE, ADVOCATE FOR C/R1) Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12012 WP No. 106466 of 2024 THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 05/09/2024 PASSED IN EX.NO.116/2015 ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE, BAGALKOTE, IN SO FAR AS DENYING INTEREST, DCRG AND PENSION TO THE PETITIONER IS CONCERNED VIDE ANNEXURE-K, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: 1. Issue a Writ in the nature of Certiorari quashing the impugned order dated 05/09/2024 passed in Ex.No.116/2015 on the file of Prl. District and Sessions Judge, Bagalkote, in so far as denying interest, DCRG and pension to the Petitioner is concerned vide Annexure-K, in the interest of justice and equity. 2. Any other reliefs this Hon’ble Court deems fit for the facts and circumstances of the case. 2. Learned counsel for the petitioner has filed a memo seeking withdrawal of the petition, which reads as under: - 3 - HC-KAR NC: 2025:KHC-D:12012 WP No. 106466 of 2024 “The Petitioner above named most respectfully submits as under: That, the instant Petition is arising out of execution proceedings whereby the executing court has rejected the prayer of Petitioner for payınent of interest on service benefits. The said application is rejected holding that there is no award of interest by the EAT, Bagalkot. Hence, the Petitioner may kindly be permitted to withdraw the present Writ Petition with liberty to Challenge the award passed by E.A.T., Bagalkot, in the interest of justice and equity. Hence, this Memo.” 3. Memo is placed on record. The petition is dismissed as withdrawn with liberty to challenge the award passed by the Karnataka Appellate Tribunal. Sd/- (SURAJ GOVINDARAJ) JUDGE SH Ct:pa List No.: 2 Sl No.: 76