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2026 DAILYLAW 48782 (KAR)

SRI D NAGENDRA v. STATE OF KARNATAKA

WP/18333/2025 · 2026-01-30

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:5208 WP No. 18333 of 2025 C/W WP No. 29945 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 18333 OF 2025 (S-RES) C/W WRIT PETITION NO. 29945 OF 2024 (S-RES) IN WP NO. 18333/2025 BETWEEN: SRI D NAGENDRA S/O LATE DEVEGOWDA AGED ABOUT 59 YEARS R/AT ANAGA NILAYA 2ND CROSS, VIDYANAGARA SHIVAMOGGA-577222. …PETITIONER (BY SRI PRITHVEESH M K, ADVOCATE FOR SRI. MADHAV BALAJI KASHYAP., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS UNDER SECRETARY DIRECTORATE OF MUNICIPAL ADMINISTRATION 9TH FLOOR AND 10TH FLOOR VISHVESHWARAIAH TOWER DR B R AMBEDKAR VEEDHI BENGALURU-560001. 2. THE DIRECTOR SHIVAMOGGA CITY CORPORATION DIRECTORATE OF MUNICIPAL ADMINISTRATION 9TH FLOOR AND 10TH FLOOR VISHVESHWARIAH TOWER DR B R AMBEDKAR VEEDHI BENGALURU-560001. Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5208 WP No. 18333 of 2025 C/W WP No. 29945 of 2024 3. SRI B N VENUGOPAL S/O LATE B NAGAPPA AGED ABOUT 52 YEARS REVENUE OFFICER SHIVAMOGGA CITY CORPORATION SHIVAMOGGA-577201 R/AT SREE GURUDATTA NILAYA NO.109, 2ND CROSS KANAKANAGARA SHIVAMOGGA-577201. …RESPONDENTS (BY SRI. G RAMESH NAIK, AGA FOR R1 & R2: SRI P S MALIPATIL, ADVOCATED FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED: 21.06.2025 BEARING NO. 1302137/DMA/EST3/SHI/2/2023 PASSED BY THE R- 2/DIRECTOR, DIRECTORATE OF MUNICIPAL ADMINISTRATION HEREIN THEREBY RELIEVING THE PETITIONER AND DIRECTING HIM TO REPORT BEFORE THE R-1/ AUTHORITY (PRODUCED VIDE ANNEXURE-A) INSOFAR AS THE PETITIONER IS CONCERNED AND ETC. IN WP NO. 29945/2024 BETWEEN: SRI. D. NAGENDRA AGED ABOUT 58 YEARS, RESIDING AT ANAGA NILAYA, 2ND CROSS, VIDYANAGARA, SHIVAMOGGA-577 222. ...PETITIONER (BY SRI. PRITHVEESH M K, ADVOCATE FOR SRI MADHAV BALAJI KASHYAP, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS UNDER SECRETARY DIRECTORATE OF MUNICIPAL ADMINISTRATION - 3 - HC-KAR NC: 2026:KHC:5208 WP No. 18333 of 2025 C/W WP No. 29945 of 2024 9TH FLOOR AND 10TH FLOOR VISHVESHWARAIAH TOWER DR. B. R. AMBEDKAR VEEDHI BENGALURU-560 001. 2. THE COMMISSIONER SHIVAMOGGA CITY CORPORATION OPPOSITE GANDHI PARK TANK MOHALLA SHIVAMOGGA-577 201. 3. SRI B N VENUGOPAL S/O LATE B NAGAPPA AGED ABOUT 52 YEARS REVENUE OFFICE, CITY CORPORATION SHIVAMOGGA, SIVAMOGGA-577201. ...RESPONDENTS (BY SRI. G RAMESH NAIK, AGA, FOR R1: SRI. A V GANGADHARAPPA, ADVOCATE FOR R2: SRI P S MALIPATIL, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED: 05.11.2024 BEARING NO. 166808- EMP/EST-1-009/22-23(1969/22-23) PASSED BY THE COMMISSIONER, SHIVAMOGGA CITY CORPORATION /R-2 (PRODUCED VIDE ANNEXURE-A) INSOFAR AS THE PETITIONER IS CONCERNED 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 1. In W.P.No.18333/2025, the petitioner has sought for the following reliefs: - 4 - HC-KAR NC: 2026:KHC:5208 WP No. 18333 of 2025 C/W WP No. 29945 of 2024 (i) Issue a writ/order in the nature of certiorari thereby Setting-aside the order-dated 21.06.2025 bearing No. 1302137/DMA/EST3/SHI/2/2023 passed by the 2nd respondent/Director, Directorate of Municipal Administration herein thereby relieving the petitioner and directing him to report before the 1st respondent/authority (produced vide Annexure 'A') insofar as the petitioner is concerned; (ii) Issue such other Writ, order or direction as deemed fit in the circumstances of the case. 2. In W.P.No.29945/2024, the petitioner has sought for the following reliefs: (i) Issue a Writ/Order in the nature of Certiorari thereby setting-aside the order-dated 05.11.2024 bearing No. 166808- EMP/EST-1-009/22-23(1969/22-23) passed by the Commissioner, Shivamogga City Corporation/2nd respondent (produced vide Annexure 'A') insofar as the petitioner is concerned; (ii) Issue such other Writ, order or direction as deemed fit in the circumstances of the case. 3. Petitioner was initially posted as Project Officer, Town Municipal Office, Bhadravathi in the year 1998 and thereafter, the petitioner was promoted and was posted to - 5 - HC-KAR NC: 2026:KHC:5208 WP No. 18333 of 2025 C/W WP No. 29945 of 2024 various places. He has been working as Revenue Officer, Shivamogga City Corporation since 28.05.2021 and is presently holding the said post. However, by impugned order dated 21.06.2025 passed by respondent No.2 at Annexure-A, the petitioner has been repatriated to his parental department and respondent No.3 has been posted as Revenue Officer, Shivamogga City Corporation. Aggrieved by the impugned order, the petitioner is before this Court. 4. The learned AGA appearing for respondent No.1 and learned counsel appearing for respondent No.2- Corporation have submitted that since the petitioner is due to retire in the month of April 2026, one post of Office Assistant (Revenue) at respondent No.2–Shivamogga City Corporation is vacant and that the petitioner will be posted to the said post. In this regard, the learned AGA has filed a memo dated 30.01.2026. 5. The memo filed by the learned AGA is taken on record. - 6 - HC-KAR NC: 2026:KHC:5208 WP No. 18333 of 2025 C/W WP No. 29945 of 2024 6. In view of the above submissions, and without expressing any opinion on the merits of the case, the writ petitions are hereby disposed of. 7. In the interest of justice, the respondent No.2– Corporation is directed to post the petitioner to the post of Office Assistant (Revenue) in respondent No.2– Shivamogga City Corporation, with the same pay scale. Respondent No.3 is directed to report to duty to the post of Revenue Officer, Shivamogga City Corporation. 8. All pending Interlocutory Applications, if any, stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 40