THE CHIEF EXECUTIVE OFFICER v. THE STATE OF KARNATAKA
WP/19706/2026 · 2026-07-02
Jyoti M
body2026
DailyLaw.ai
[ 2026 DAILYLAW 25388 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 25388 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:32858 WP No. 19706 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO.19706 OF 2026 (L-PG) BETWEEN:
1.
THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYATH, CHITRADURGA, CHITRADURGA DISTRICT.
2.
THE EXECUTIVE OFFICER, TALUK PANCHAYATH, HOLALKERE TALUK, CHITRADURGA DISTRICT. …PETITIONERS (BY SRI. A.C.BALARAJ, ADVOCATE FOR SRI. N.PRAVEEN KUMAR, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF R.D.P.R., M.S.BUILDING, BENGALURU-560 001.
2.
THE COMMISSIONER, R.D.P.R. DEPARTMENT, M.S.BUILDING, DR.B.R.AMBEDKARVEEDHI, BENGALURU-560 001.
3.
THE LABOUR OFFICER CUM CONTROLLING OFFICER UNDER PAYMENT OF GRATUITY ACT, 1972,
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:32858 WP No. 19706 of 2026
CHITRADURGA SUB-DIVISION CHITRADURGA
4.
SRI. T.NAGENDRAPPA, S/O. THOTAPPA, AGED ABOUT 65 YEARS, RETIRED EMPLOYEE, RESIDENT OF SAMBRUDHINILAYA, 5TH CROSS, HOLALKERE TALUK, CHITRADURGA DISTRICT. …RESPONDENTS (BY SRI. K.P.YOGANNA, A.G.A., FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.A.C.Balaraj, counsel on behalf of Sri.N.Praveen Kumar, for the petitioners and Sri.K.P.Yoganna, Additional Government Advocate for respondent Nos.1 to 3 appeared in person.
2. Though the matter is listed today for preliminary hearing, it is heard.
3. This petition is filed seeking following reliefs:
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HC-KAR NC: 2026:KHC:32858 WP No. 19706 of 2026
(i) Issue a writ in the nature of certiorari to quash the impugned
order bearing proceedings No.KaaAhChi/PGA/C.R-21/2023-24 dated 25.03.2025 passed by the 3rd respondent marked as Annexure-H. (ii) Alternatively, issue a writ, order or direction to quash impugned order bearing proceedings No.KaaAhChi/PGA/C.R.21/2023-24 dated 25.03.2025 passed by the 3rd respondent marked as Annexure-H and remand the proceedings in favour of the 3rd respondent for fresh disposal on affording reasonable opportunity to the petitioner herein. (iii) Grant such other reliefs as this Hon'ble Court deems fit in the circumstances of the case and allow the above writ petition costs, to meet the ends of justice and equity.
4. The
order dated:25.03.2025 passed by the Controlling Authority under the Payment of Gratuity Act is called into question in this Writ Petition on several grounds as set-out in the Memorandum of Writ Petition.
5. Counsel for the respective parties urged several
contentions.
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HC-KAR NC: 2026:KHC:32858 WP No. 19706 of 2026
6. Heard, the contentions urged on behalf of the respective parties and perused the writ papers with utmost care.
7. I have perused the Writ papers with utmost care. The petitioners have challenged the order passed by the Controlling Authority, by invoking writ jurisdiction without exhausting the statutory remedy. As there is a statutory remedy of filing an appeal before the Appellate Authority, this Court declines to exercise power under writ jurisdiction. Hence, in my view the Writ Petition is not maintainable.
8. Accordingly, the Writ Petition is dismissed. Because of dismissal the Writ Petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of.
SD/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 15