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2026 DAILYLAW 4278 (KAR)

SANTHOSH S, v. STATE OF KARNATAKA

WP/8089/2026 · 2026-03-17

Sachin Shankar Magadum

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:15572 WP No. 8089 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 8089 OF 2026 (GM-RES) BETWEEN: SANTHOSH S, S/O. SRI SOMANNA, AGED ABOUT 41 YEARS, WORKING AS JUNIOR TRAINING OFFICER VARMA ITI, INDUSTRIAL AREA KOLLEGAL, CHAMARAJA NAGAR - 571 440 R/AT BELATHANUR VILLAGE UDDANUR POST, HANUR TALUK, CHAMARAJA NAGAR DISTRICT - 571 439. &PETITIONER (BY SMT. RASHMI K, ADVOCATE FOR SRI. SUBRAHMANYA BHAT M, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF WATER RESOURCE ROOM NO. 305, 306 3RD FLOOR, VIKASA SOUDHA DR. B.R.AMBEDKAR VEEDHI, BANGALORE - 560 001, REPRESENTED BY ITS SECRETARY. 2. THE TAHASILDAR HANUR TALUK, CHAMARAJANAGAR DISTRICT - 571 313. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15572 WP No. 8089 of 2026 3. THE DIRECTOR, EMPLOYMENT AND TRAINING, KOUSHALYA BHAVAA, DAIRY CIRCLE, BANNAERGHATTA ROAD, BENGALURU - 560 029. &RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 F THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAINING TO ACQUISITION OF LAND OF THE FAMILY OF THE PETITIONER IN TERMS OF THE NOTIFICATION DATED 19.05.2001 IN RESPECT OF SY. NO. 188 OF BELATHUR VILLAGE KOLLEGAL TALUK, CHAMARAJA NAGAR DISTRICT AND GRANT THE FOLLOWING RELIEFS A. ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT, ORDER OR DIRECTION DIRECTING THE 2(ND) RESPONDENT TO VALIDATE THE PDP CERTIFICATE ISSUED BY THE SPECIAL LAND ACQUISITION OFFICER TO THE PETITIONER ON 18.5.2010 IN FORM NO. 6, A COPY OF WHICH IS PRODUCED AS ANNEXURE-B, TO MEET THE ENDS OF JUSTICE AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2026:KHC:15572 WP No. 8089 of 2026 ORAL ORDER The captioned petition is filed seeking the following reliefs: "WHEREFORE, the Petitioner most respectfully prays that this Hon'ble Court may kindly be pleased to call for records pertaining to acquisition of land of the family of the Petitioner in terms of the notification dated 19.05.2001 in respect of Sy. No. 188 of Belathur Village Kollegal Taluk, Chamaraja Nagar District and grant the following reliefs; a. ISSUE A WRIT OF mandamus or any other writ, order or direction directing the 2nd Respondent to validate the PDP certificate issued by the Special Land Acquisition Officer to the Petitioner on 18.5.2010 in Form No. 6, 4 copy of which is produced as ANNEXURE-B, to meet the ends of justice. b. Grant any other incidental or consequential relief/s as deemed fit in the facts and circumstances and in aid of the main relief sought for including the cost of this litigation, in the interest of justice and equity." 2. The petitioner has presented the instant writ petition seeking appropriate directions against the respondents in relation to verification and validation of his Project Displaced Person (PDP) certificate, which is essential for securing appointment pursuant to his selection to the post of Junior Training Officer. - 4 - HC-KAR NC: 2026:KHC:15572 WP No. 8089 of 2026 3. Brief facts leading to the filing of the petition are that the Karnataka Public Service Commission (for short, 8KPSC9) issued an employment notification inviting applications for the post of Junior Training Officer by way of direct recruitment. The petitioner, claiming to be eligible under the Project Displaced Persons Category (for short, 8PDP9), submitted his application. It is his specific case that he has been duly selected under the said category and his name finds place in the revised final selection list published on 11.03.2025, produced at Annexure-A, wherein his name is reflected at Sl. No.78. 4. The grievance of the petitioner arises on account of the fact that though the third respondent has addressed a communication to the second respondent3Tahasildar seeking verification of the authenticity and validity of the petitioner9s PDP certificate, the second respondent has issued an endorsement stating that the veracity of the PDP certificate cannot be verified on account of non-availability of original records in his office. - 5 - HC-KAR NC: 2026:KHC:15572 WP No. 8089 of 2026 5. Learned counsel appearing for the petitioner would contend that such an endorsement issued by the second respondent is wholly arbitrary and unsustainable, inasmuch as the petitioner has been issued a valid PDP certificate in Form No.6 by the competent authority, namely, the Special Land Acquisition Officer, as early as on 18.05.2010, which is produced at Annexure-B. It is further contended that the petitioner9s family has admittedly lost land measuring 1 acre 47 guntas on account of acquisition, thereby entitling him to the benefits under the PDP category. The denial of verification on the ground of non-availability of records, it is urged, would unjustly deprive the petitioner of the fruits of selection secured through due process. 6. Per contra, learned Additional Government Advocate appearing for the respondents would seek to justify the endorsement by contending that in the absence of original records, the second respondent is unable to certify the genuineness of the certificate. - 6 - HC-KAR NC: 2026:KHC:15572 WP No. 8089 of 2026 7. Having heard the learned counsel on both sides and upon perusal of the material placed on record, this Court is of the considered view that the stand taken by the second respondent cannot be countenanced. The petitioner has placed on record a certificate issued by the competent authority evidencing his status as a Project Displaced Person. Once such a certificate is issued by the Special Land Acquisition Officer, it is incumbent upon the jurisdictional Tahasildar to verify the same by securing necessary records from the appropriate office. 8. The second respondent, being a public authority entrusted with statutory duties, cannot evade responsibility by merely citing non-availability of records in his office. Administrative inconvenience or lapse in record maintenance cannot operate to the detriment of a citizen, particularly when such lapse has the effect of depriving the petitioner of public employment, which he has otherwise secured on merit. - 7 - HC-KAR NC: 2026:KHC:15572 WP No. 8089 of 2026 9. This Court is of the considered opinion that the second respondent is duty-bound to take all necessary steps to secure the relevant records from the office of the Special Land Acquisition Officer or any other competent authority and thereafter verify and validate the petitioner9s PDP certificate in accordance with law. 10. The inaction on the part of the second respondent has resulted in denial of legitimate consideration of the petitioner9s candidature for appointment. Such inaction warrants interference by this Court in exercise of its jurisdiction under Articles 226 and 227 of the Constitution of India. ORDER i. The writ petition is allowed. ii. The second respondent3Tahasildar is directed to verify and validate the petitioner9s Project Displaced Person (PDP) certificate issued in Form - 8 - HC-KAR NC: 2026:KHC:15572 WP No. 8089 of 2026 No.6 dated 18.05.2010 by securing the relevant records from the office of the Special Land Acquisition Officer or any other competent authority. iii. In the event the records are not readily available with the office of the second respondent, the second respondent shall take necessary steps to trace, requisition, and secure the original records pertaining to the petitioner9s family from the concerned Land Acquisition Office. iv. Upon securing the records, the second respondent shall pass appropriate orders in accordance with law on the communication issued by the third respondent seeking verification of the PDP certificate. - 9 - HC-KAR NC: 2026:KHC:15572 WP No. 8089 of 2026 v. The aforesaid exercise shall be completed within a period of eight (8) weeks from the date of receipt of a certified copy of this order. vi. It is made clear that the petitioner shall extend all necessary cooperation for expeditious disposal of the matter. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 30