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2025 DAILYLAW 85889 (KAR)

AJAY S/O AMAR KONNURKAR v. THE STATE OF KARNATAKA

WP/104077/2023 · 2025-12-09

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:17715 WP No. 104077 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 104077 OF 2023 (S-RES) BETWEEN: AJAY S/O AMAR KONNURKAR AGE. 27 YEARS, OCC. NIL R/O. H.NO. 161, NEAR GOVT. SCHOOL, GANDHI CHOWK, OLD DANDELI, DANDELI 581325, TAL. DANDELI, DIST. KARWAR …PETITIONER (BY SRI. VISHWANATH V. BADIGER & SRI. B.R.NAYAK, ADVS.) AND: 1. THE STATE OF KARNATAKA R/BY PRINCIPAL SECRETARY, FOOD AND CIVIL SUPPLIES AND CONSUMER, AFFAIRS DEPARTMENT, VIKAS SOUDHA, BENGALURU 560001 2. THE MANAGING DIRECTOR KARNATAKA FOOD AND CIVIL SUPPLIES CORPORATION LTD., VASANT NAGAR, BENGALURU 560052 3. THE DISTRICT MANAGER KARNATAKA FOOD AND CIVIL SUPPLIES CORPORATION LTD., KARWAR …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1, SRI. V.R.BHAGWAT & SRI. GANESH RAIBAGI, ADVS. FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.2 AND 3 TO CONSIDER THE APPLICATION OF THE PETITIONER AS PER ANNEXURE- E AND F VIDE DATED 19.11.2021 AND TO APPOINT THE PETITIONER UNDER THE COMPASSIONATE GROUND IN THE RESPONDENTS DEPARTMENT IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMIARY HEARING B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:17715 WP No. 104077 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer. i. issue writ of mandamus directing the respondents Nos.2 and 3 to consider the application of the petitioner as per Annexure-E and F vide dated 19.11.2021 and to appoint the petitioner under the compassionate ground in the respondent department in the interest of justice and equity.” 2. The petitioner is the son of a Group D employee who was appointed in the respondent No.1 Corporation on 18.05.1990 and dies in harness after about 30 years of service. On the death of the father of the petitioner, within one year the petitioner has submitted a representation seeking appointment on compassionate grounds. The said representation is lying with the respondent Nos.2 and 3 without it being considered. Therefore, the petitioner is before the Court seeking a direction for consideration of the representation. The respondent Nos.2 and 3 is a Corporation registered under the Companies Act. Therefore, it is not entertainable. 3. The said submission is noted only to be rejected. It answers the definition of other authorities under Article 12 of the - 3 - HC-KAR NC: 2025:KHC-D:17715 WP No. 104077 of 2023 Constitution of India. Therefore, the petition is maintainable and entertainable. The corresponding duty of consideration of a representation submitted by the petitioner lies with the respondent Nos.2 and 3 which they have not done till date. 4. In that light, I deem it appropriate to dispose the petition directing the respondent Nos.2 and 3 to consider the representation and pass necessary orders in accordance with law at any rate, within four months from the date of receipt of the copy of the order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RSH/CT:ASC LIST NO.: 2 SL NO.: 17