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2026 DAILYLAW 11393 (KAR)

SRI HARIKRISHNA H N v. THE STATE OF KARNATAKA

WP/4778/2022 · 2026-04-27

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:23455 WP No. 4778 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 4778 OF 2022 (S-RES) BETWEEN: SRI. HARIKRISHNA H N S/O SRI, NARALINGAPPA H N, AGED ABOUT 29 YEARS, HALEHALLI VILLAGE, HALEHALLI POST, GOWRIBIDANUR TALUK, CHICKBALLAPUR DISTRICT - 561 211. …PETITIONER (BY SRI. A. NAGARAJAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ, KARNATAKA GOVERNMENT SECRETATIRAT, MULTISTOREYED BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001. 2. THE COMMISSIONER /DIRECTOR PANCHAYATHRAJ INSTITUTIONS, OFFICE OF THE COMMISSIONER FOR PANCHAYATH RAJ INSTITUTIONS, K G ROAD, BANGALORE - 560 001. 3. THE CHIEF EXECUTIVE OFFICER Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23455 WP No. 4778 of 2022 OF THE ZILLA PANCHAYATH CHICKBALLAPUR, CHICKBALLAPUR DISTRICT - 562 101. 4. THE EXECUTIVE OFFICER OF THE TALUK PANCHAYATH GOWRIBIDANUR TALUK, CHICKBALLAPUR DISTRICT - 561 208. 5. THE PANCHAYATH DEVELOPMENT OFFICER HALEHALLI GRAMA PANCHAYATH, GOWRIBIDANUR TALUK, CHICKBALLAPUR DISTRICT - 561 211. …RESPONDENTS (BY SRI. G. RAMESH NAIK, AGA FOR R1 AND R2; SRI. M.S. DEVARAJU, ADVOCATE FOR R3 AND R5; R4 - SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH COMMUNICATION DATED 6.12.2021 ISSUED BY THE R5 MARKED AT ANNEXURE-H DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS AT ANNEXURE-C, C1, C2, C3, C4, C5, C6, C7, C8, C9, C10, C11, C12, C13, C14, C16 FOR APPOINTMENT PETITIONER AS PERMANENT BILL COLLECTOR IN THE R5 GRAMA PANCHAYATH AND TO PAY THE ARREARS OF SALARY AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2026:KHC:23455 WP No. 4778 of 2022 ORAL ORDER In this petition, the petitioner has sought for the following reliefs: “i) Issue an order or direction or writ in the nature of writ of certiorari quashing communication dated 6.12.2021 issued by the 5th Respondent marked at Annexure-H in No.Aa.Gra.Pum/Ta.Ka.Va-01/2021-21; il) Issue an or order or direction or writ in the nature of writ of mandamus directing the Respondents to consider the representations at Annexure-C, C1, C2, C3,C4, C5, C6, C7, C8, C9, C10, C11, C12, C13, C14, C15 & C16 for appointment Petitioner as permanent Bill Collector in the 5th Respondent-Grama Panchayath and to pay the arrears of salary; and iii) Issue any order or orders as deems fit and proper in the circumstances of the case, including the cost of the proceedings.” 2. Heard learned counsel for the petitioner and learned AGA for respondent Nos.1 and 2, learned counsel for respondent Nos.3 and 5 and perused the material on record. 3. Learned counsel for the petitioner submits that apart from the fact that the respondent did not provide sufficient or reasonable opportunity to the petitioner prior to issuing the - 4 - HC-KAR NC: 2026:KHC:23455 WP No. 4778 of 2022 impugned communication at Annexure - H dated 06.12.2021 rejecting the claim of the petitioner, the petitioner has certain additional representation and documents, which he intends to produce before respondent No.5, who may be directed to reconsider the representations at Annexures - C, C1, C2, C3,C4, C5, C6, C7, C8, C9, C10, C11, C12, C13, C14, C15 & C16 in accordance with law within a stipulated time frame by setting aside the impugned communication and remitting the matter back to respondent No.5 for reconsideration afresh in accordance with law. 4. Per contra, learned counsel for the respondents submits that there is no merit in the petition and the same is liable to be dismissed. 5. A perusal of the material on record will indicate that the application dated 01.09.2021 has been rejected by the respondents without providing sufficient or reasonable opportunity to the petitioner and without considering the representations at Annexures C, C1 to C16 submitted by the petitioner. Under these circumstances, in the light of the specific assertion on the part of the petitioner that if one more opportunity is provided, the petitioner would submit additional representation and documents, I deem it - 5 - HC-KAR NC: 2026:KHC:23455 WP No. 4778 of 2022 just and appropriate to set aside the impugned communication at Annexure - H and remit the matter back to the respondent No.5 for reconsideration afresh in accordance with law by issuing certain directions. 6. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned communication dated 06.12.2021 issued by respondent No.5 at Annexure H is hereby set aside. (iii) The matter is remitted back to respondent No.5 for reconsideration afresh in accordance with law. (iv) Petitioner shall appear before respondent No.5 on 18.05.2026. (v) Liberty is reserved in favour of the petitioner to produce additional representation and documents, which shall be considered by the respondents, who shall reconsider the representation submitted by the petitioner and provide sufficient and reasonable opportunity and take - 6 - HC-KAR NC: 2026:KHC:23455 WP No. 4778 of 2022 appropriate decisions/pass appropriate orders within three months from 18.05.2026. Sd/- (S.R.KRISHNA KUMAR) JUDGE BH : List No.: 1 Sl No.: 37