Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 9257 (KAR)

DAMODHAR v. THE SECRETARY TO GOVT OF KARNATAKA MUNICIPAL AND ORS

WP/200267/2025 · 2025-06-09

M I Arun

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-K:2936 WP No. 200267 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.200267 OF 2025 (S-REG) BETWEEN: DAMODHAR S/O NARAYAN RAO, AGE: 59 YEARS, OCC: TYPIST IN T.M.C. TOWN MUNCIPAL CORPORATION, CHINCHOLI, R/O C/O RATNAMMA SISTER, BRAHMANA GALLI, CHINCHOLI, DIST. KALABURAGI - 585 307. …PETITIONER (BY SRI. MAHESH PATIL, ADVOCATE) AND: 1. THE SECRETARY TO GOVT. OF KARNATAKA, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, VIKAS SOUDHA, BENGALURU-560 001. 2. THE DIRECTOR, MUNICIPAL ADMINISTRATION, 9TH & 10TH FLOOR, VISHWESWARAIAH MINI TOWER, BENGALURU-560 001. 3. THE DEPUTY COMMISSIONER, KALABURAGI-585 102. Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2936 WP No. 200267 of 2025 4. THE PROJECT DIRECTOR, DIST. URBAN DEVELOPMENT CELL, (ZILLA NAGARABHIVRUDHI KOSA) KALABURAGI-585 102. 5. THE CHIEF OFFICER, T.M.C. CHINCHOLI, TQ. CHINCHOLI, DIST. KALABURAGI-585 307. …RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, AGA FOR R1 TO R4; SRI. AMARESHWAR S. RAWOOR, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS/ DIRECTIONS TO THE RESPONDENTS TO IMPLEMENT THE ORDER DATED 17.06.2022 OF THIS HON’BLE COURT IN WRIT PETITION NO.201080/2021 VIDE ANNEXURE-J WITHIN THE TIME FRAME AS MAY BE PRESCRIBED BY THIS HON’BLE COURT. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC-K:2936 WP No. 200267 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) The petitioner is working as a typist with respondent No.5. His services has not been regularized and his request for regularization was rejected. Hence, he preferred W.P.No.201080/2021, wherein the order of rejecting his request for regularization was set aside and respondent No.5 herein was directed to reconsider his case afresh after affording an opportunity of hearing. However, no time frame within which his request was to be considered was fixed in the said writ petition. Respondent No.5 did not act in pursuance of the order passed by this Court in W.P.No.201080/2021. Hence, the petitioner preferred CCC No.200097/2023. However, as no specific time frame was fixed in W.P.No.201080/2021, the contempt proceedings were dropped. The petitioner preferred Review Petition No.200053/2023, which was withdrawn with liberty to file appropriate proceedings. Subsequently, the present writ petition has been filed. - 4 - HC-KAR NC: 2025:KHC-K:2936 WP No. 200267 of 2025 2. Admittedly, this Court had directed respondent No.5 to consider the case of the petitioner in accordance with law. The operative portion of the order passed in W.P.No.201080/2021 reads as under: “ORDER The writ petition is allowed in terms of the order passed by the coordinate Bench of this Court in W.P.No.201166/2021 disposed of on 19.01.2022. The impugned endorsement at Annexure-H dated 08.12.2020 issued by the fifth respondent is quashed and the matter is remitted back to the fifth respondent to reconsider the issue afresh after affording an opportunity of hearing to the petitioner and thereafterwards to take appropriate decision.” 3. Respondent No.5 is expected to act within a reasonable time. Unfortunately, respondent No.5 has failed to do so. Hence, it is hereby ordered that respondent No.5 is directed to consider the case of the petitioner as directed in W.P.No.201080/2021 within a period of two months from the date of receipt of certified copy of this order. - 5 - HC-KAR NC: 2025:KHC-K:2936 WP No. 200267 of 2025 4. Writ petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE LG List No.: 1 Sl No.: 55