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2026 DAILYLAW 48495 (KAR)

SRI. SURESH v. THE STATE OF KARNATAKA

WP/18054/2024 · 2026-02-05

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6894 WP No. 18054 of 2024 C/W WP No. 12966 of 2024 WP No. 31331 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 18054 OF 2024 (S-PRO) C/W WRIT PETITION NO. 12966 OF 2024 (S-PRO) WRIT PETITION NO. 31331 OF 2024 (S-RES) IN WP No. 18054/2024 BETWEEN: 1. SRI. SURESH AGED ABOUT 58 YEARS S/O LATE MARIYAPPA R/AT NO 35, 2ND CROSS 2ND MAIN ROAD, REDDY LAYOUT NEAR PRAMOD LAYOUT HOSAKEREHALLI, BANGALORE-560039. 2. SRI B M THIMMAPPA AGED ABOUT 59 YEARS S/O LATE VENKATAPPA R/AT BYATARAYANAHALLI ARALERI POST, MALUR TALUK KOLAR DISTRICT-563130. 3. SRI K SRINVIASAGOWDA AGED ABOUT 59 YEARS S/O KARIYAPPA NO 3/5, 2ND CROSS AVALAHALLI, BANGALORE-560026. …PETITIONERS (BY SRI. MUKKANNAPPA S B., ADVOCATE) Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6894 WP No. 18054 of 2024 C/W WP No. 12966 of 2024 WP No. 31331 of 2024 AND: 1. THE STATE OF KARNATAKA REP BY ITS PRL. SECRETARY DEPARTMENT OF CO-OPERATION M S BUILDING, DR B R AMBEDKAR VEEDHI BENGALURU 560001. 2. THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES BANGALORE DIVISION NO 1, ALI ASKAR ROAD BANGALORE-560052. 3. THE MANAGING DIRECTOR HORTICULTURE PRODUCE CO-OPERATIVE MARKETING AND PROCESSING SOCIETY LTD DR M H MARIGOWDA ROAD LALBAGH, BANGALORE-560004. …RESPONDENTS (BY SRI.SPOORTHY HEGDE N, HCGP. FOR R1 & R2: SRI BHADRINATH R, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASH THE IMPUGNED REVERSION ORDER BEARING NO. HCS HOPCOMS ADMN/381/2013-14 DATED: 29.08.2013 PASSED BY THE R-3 AT ANNEXURE-Q IN SO FAR AS IT RELATES TO THE PETITIONERS, AND AS WELL AS REFIXATION ORDERS AND ETC. IN WP NO. 12966/2024 BETWEEN: 1. SRI SURESH S/O MARIYAPPA AGED ABOUT 57 YEARS NO. 35, 2ND CROSS - 3 - HC-KAR NC: 2026:KHC:6894 WP No. 18054 of 2024 C/W WP No. 12966 of 2024 WP No. 31331 of 2024 2ND MAIN ROAD, REDDY LAYOUT NEAR PRAMOD LAYOUT HOSAKEREHALLI, BENGALURU - 560 039. 2. SRI B M THIMMAPPA S/O VENKATAPPA AGED ABOUT 58 YEARS BYATARAYANAHALLI, ARALERI POST MALUR TALUK, KOLAR DISTRICT - 563130. 3. SRI K SRINIVASA GOWDA S/O KARIYAPPA AGED ABOUT 59 YEARS NO. 3/5, 2ND CROSS AVALAHALLI, BENGALURU - 560 026. ...PETITIONERS (BY SRI. S B MUKANNAPPA, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF CO OPERATION REP BY ITS SECRETARY M S BUILDING, VIDHANA VEEDHI BENGALURU - 560001. 2. THE ADDITIONAL REGISTRAR OF CO OPERATIVE SOCIETIES, BANGALORE DIVISION NO. 1, ALI ASKAR ROAD BENGALURU - 560052. 3. HORTICULTURAL PRODUCE CO OPERATIVE MARKETING AND PROCESSING SOCIETY LIMITED DR M H MARIGOWDA ROAD LALBAGH, BENGALURU - 560004 REP. BY ITS MANAGING DIRECTOR CO-OP SOCIETY ACT 1959. ....RESPONDENTS (BY SRI. SPOORTHY HEGDE N.,HCGP. FOR R1 & R2: SRI. BHADRINATH R, ADVCOATE FOR R3) - 4 - HC-KAR NC: 2026:KHC:6894 WP No. 18054 of 2024 C/W WP No. 12966 of 2024 WP No. 31331 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS RELATING TO FRESH SENIORITY PROMOTION NOTIFICATION DATED 09.01.2024 ISSUED IN NO: ºÉZï. ¹. J¸ï. ªÀåªÀ¸ÁÜ¥ÀPÀgÀÄ (DqÀ½vÀ)/ ¹§âA¢/ «¤-10/1001/2023-24 VIDE ANNEXURE-AH FROM THE FILE OF THE R3 AND ETC. IN WP NO. 31331/2024 BETWEEN: 1. SRI B NARASIMHAIAH AGED ABOUT 57 YEARS S/O LATE BYRANARASAIAH SDC, HOPCOMS, HEAD OFFICE LALBAGH BANGALORE-560004. 2. SRI. S.C NARAYANASWAMY AGED ABOUT 58 YEARS S/O LATE CHIKKARAMAIAH SD C, ESI SECTION, HOPCOMS HEAD OFFICE, LALBAGH, BANGALORE-560004. ...PETITIONERS (BY SRI. MUKKANNAPPA S B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRL.SECRETARY DEPARTMENT OF CO-OPERATION M.S.BUILDING, DR.B.R.AMBEDKAR VEEDHI BANGALORE-560 001. 2. THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES BANGALORE DIVISION, NO.1 ALI ASKAR ROAD, BANGALORE-560 052. 3. THE MANAGING DIRECTOR HORTICULTURAL PRODUCE - 5 - HC-KAR NC: 2026:KHC:6894 WP No. 18054 of 2024 C/W WP No. 12966 of 2024 WP No. 31331 of 2024 CO-OPERATIVE MARKETING AND PROCESSING SOCIETY LTD. DR.M.H.MARIGOWDA ROAD LALBAGH, BANGALORE-560 004. ...RESPONDENTS (BY SRI SPOORTHY HEGDE N, HCGP FOR R1 & R2: SRI BHADRINATH R, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASH THE IMPUGNED REVERSION ORDER BARING NO. : ºÉZï. ¹. J¸ï. PÁ¤/D/ ¹§âA¢/381/2013-14 DATED: 29.08.2013 PASSED BY THE R-3 AT ANNEXURE-Q IN SO FAR AS IT RELATES TO THE PETITIONERS UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER These writ petitions are filed under Articles 226 & 227 of the Constitution of India, challenging the gradation list issued by the third respondent and also the reversion order. 2. The petitioners were the employees of the third respondent – Society. Some of them retired from the service, they have challenged the gradation list issued by - 6 - HC-KAR NC: 2026:KHC:6894 WP No. 18054 of 2024 C/W WP No. 12966 of 2024 WP No. 31331 of 2024 the third respondent. Consequently, they have been reverted to the lower cadre. 3. The learned counsel for the third respondent submits that the impugned gradation list issued by the third respondent will be withdrawn and a fresh gradation list will be issued. 4. In view of the above, these writ petitions are disposed of directing the respondent No.3 to withdraw the impugned gradation list and issue a fresh gradation list, in accordance with law after issuing provisional gradation list giving opportunity to the parties to file objections. The said process shall be completed within four months from the date of receipt of a copy of this order. The interim order granted by this Court shall be continued till the publication of final gradation list. After the fresh final gradation list is issued, the respondents are directed to settle the pensionary benefits of the retired employees in accordance with law, based on - 7 - HC-KAR NC: 2026:KHC:6894 WP No. 18054 of 2024 C/W WP No. 12966 of 2024 WP No. 31331 of 2024 the gradation list, as expeditiously as possible, not later than three months from the date of issuance of the final gradation list. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 57