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2026 DAILYLAW 45328 (KAR)

SRI. MADHU H. P. v. THE STATE OF KARNATAKA

WP/43/2026 · 2026-01-09

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:1211 WP No. 43 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 43 OF 2026 (S-RES) BETWEEN: SRI. MADHU H. P. S/O LATE SRI. PUTTASWAMY H N AND GAYATHRI M.N., AGED ABOUT 41 YEARS R/AT NO.943/B, III CROSS SHANKARPURA, MANDYA – 571401 …PETITIONER (BY SRI. VIVEK S REDDY, SENIOR COUNSEL FOR SRI. BALARAJ V R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA PRINCIPAL SECRETARY TO URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA DR. B. R. AMBEDKAR VEEDHI BENGALURU – 560001. 2. THE DEPUTY COMMISSIONER DISTRICT URBAN DEVELOPMENT CELL OFFICE OF THE DEPUTY COMMISSIONER MYSURU DISTRICT, MYSURU-570011. 3. DIRECTORATE OF MUNICIPAL ADMINISTRATION 9TH FLOOR V V TOWER DR. AMBEDKAR VEEDI BENGALURU - 560002 REPRESENTED BY ITS DIRECTOR …RESPONDENTS (BY SMT. ANITHA N., AGA FOR RESPONDENTS) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1211 WP No. 43 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICIAL MEMORANDUM BEARING NO. ªÀÄĤ¹(1)/¹§ÂA¢/ E-1060814/2025-26 DATED 24.11.2025 ISSUED BY THE 2ND RESPONDENT PRODUCED AT ANNEXURE- A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. Learned AGA is directed to accept notice for respondents. 2. At the outset, learned AGA raised a preliminary objection regarding maintainability of the writ petition and submits that the dispute is in respect of post held by the petitioner i.e., Chief Officer, which is a civil post. Therefore, he has to approach the Karnataka State Administrative Tribunal. In support of his contention, he has relied upon the decision of this Court passed in W.P.No.214/2022 disposed of on 10.02.2022. - 3 - HC-KAR NC: 2026:KHC:1211 WP No. 43 of 2026 3. The grievance in respect of the ‘service matters’ cannot be a subject matter of adjudication at the hands of a writ Court, as the court of first instance, in the light of the decision of the Apex Court in the case of L.Chandra Kumar vs. Union of India and others reported in (1997) 3 SCC 261. 4. In view of the above, the writ petition is disposed of, with liberty reserved to the petitioner to approach the appropriate legal forum, if law permits. 5. Registry is directed to return the original or certified copies of the documents, if any, to the petitioner, after retaining the photocopies of the same for record purpose. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 2