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2026 DAILYLAW 19453 (KAR)

SHARADAMMA M @ MAUNESHWARACHAR v. THE STATE OF KARNATAKA

WP/10635/2025 · 2026-06-03

Ashok S Kinagi

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:26135 WP No. 10635 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 10635 OF 2025 (S-RES) BETWEEN: SMT. SHARADAMMA M @ MAUNESHWARACHAR AGE: 32 YEARS, OCC: CLERK CUM DATA ENTRY OPERATOR, NUGGIHALLI GRAM PANCHAYAT, R/O CHIKKAGANGURU GRAM, TQ: CHENNAGIRI, DIST: DAVANAGERE - 577 001. …PETITIONER (BY SRI. MANJUNATH NAYAK, ADVOCATE SRI. JAYANT R. ITAGI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY ADDL CHIEF SECRETARY, RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, MULI STORY BUILDING, BANGALORE, 3RD FLOOR, 3RD GATE, KARNATAKA - 560 001. 2. THE COMMISSIONER KARNATAKA PANCHAYAT RAJ COMMISSIONERATE OFFICE, KALIDAS MARG, GANDHINAGAR, BANGALORE – 560 009. 3. CHIE EXECUTIVE OFFICER ZILLA PANCHAYAT, DAVANAGERE - 577 001. Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26135 WP No. 10635 of 2025 4. PANCHAYAT DEVELOPMENT OFFICER NUGGIHALLI GRAM PANCHAYAT, R/O NUGGIHALLI GRAM, TQ: CHENNAGIRI, DIST: DAVANAGERE - 577 001. 5. SHRI. SANDEEPKUMAR S/O ESHWARAPPA, AGE 33 YEARS, OCC: CLERK CUM DATA ENTRY OPERATOR, NUGGIHALLI GRAM PANCHAYAT, R/O NUGGIHALLI GRAM TQ: CHENNAGIRI, DIST: DAVANAGERE - 577 001. …RESPONDENTS (BY SRI. G. RAMESH NAIK, AGA FOR R1 AND R2; SRI. N.R. JAGADEESWARA, ADVOCATE FOR R3 AND R4; SRI. VIJAY KUMAR G. BAGOJI, ADVOCATE FOR R5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN THE GRAM PANCHAYAT, NUGGIHALLI, PERUSE THE SAME, AND GRANT WRIT OF CERTIORARI QUASHING THE RESOLUTIONS DATED 28/01/2019 AND 10/10/2019 PASSED BY THE PRESIDENT NUGGIHALLI GRAM PANCHAYAT MARKED AS ANNEXURE-A RESPECTIVELY AND A2 RESPECTIVELY, AS ARBITRARY, ILLEGAL AND OPPOSED TO PRINCIPLES OF NATURAL JUSTICE AND IN VIOLATION OF THE ARTICLE 14, 16(1), 21 311 OF THE CONSTITUTION OF INDIA IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:26135 WP No. 10635 of 2025 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner has filed this writ petition seeking the following reliefs: 1) Call for records in the Gram Panchayat, Nuggihalli, peruse the same, and grant writ of Certiorari quashing the Resolutions dated 28.01.2019 and 10.10.2019 passed by the President Nuggihalli Gram Panchayat marked as Annexure-A respectively and A2 respectively, as arbitrary, illegal and opposed to principles of natural justice and in violation of the article 14, 16(1), 21 311 of the Constitution of India in the interest of justice and equity. 2) Call for records in the file pertaining to dismissal order of petitioner bearing No.Gra.Pam.Nu.Pa.Sum.49/18-19 dated 02.02.2019 before respondent No.4/PDO, Nuggihalli Gram Panchayat and pertaining to approval-cum-posting order of respondent No.5 bearing No.G.Pam Da:Aa(3) Gra Pam:C R:11/2019-20 dated 04.01.2020 before respondent No.3/CEO, Zilla Panchayat and grant writ of Certiorari quashing both orders marked as Annexure-A1 and A3, respectively as arbitrary, - 4 - HC-KAR NC: 2026:KHC:26135 WP No. 10635 of 2025 illegal and opposed to principles of natural justice and in violation of the article 14, 16(1), 21 311 of the Constitution of India in the interest of justice and equity. 3) Grant writ of Mandamus or any order directing the respondent No.1 to 4 to continue the services of the petitioner with effect from 02.02.2019 (retrospectively) and grant monetary benefits as applicable to the Clerk cum Data Entry Operator including maternity benefits, perks etc., and permit her to discharge duties in the said post and continuity service and seniority without break in the interest of justice and equity. 4) Grant a writ of Mandamus, directions, writ or any orders to the respondent Nos.1 to 4 as this Hon'ble Court deems fit in the facts and circumstances of the case as stated above, with exemplary costs in the interest of justice and equity." 2. Learned counsel for the petitioner submits that the petitioner has filed appeal before respondent No.3 as per Annexure-J and the Appellate Authority has not passed any order on the appeal filed by the petitioner. He submits that the direction may be issued to respondent No.3 to dispose of the appeal within time bond. - 5 - HC-KAR NC: 2026:KHC:26135 WP No. 10635 of 2025 3. Learned counsel for respondent No.3 submits that if reasonable time is granted, respondent No.3 will consider the appeal and pass an appropriate order in accordance with law. 4. The submission is placed on record. 5. In view of the same, the writ petition is disposed of, directing respondent No.3 to dispose of the appeal within six weeks from the date of the receipt of the copy of this order. 6. All the contentions of the parties are kept open. 7. Pending applications, if any, stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE SSB