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2026 DAILYLAW 53085 (KAR)

SRI. MADAN YALLAPPA ATWADAKAR v. THE SECRTARY

WP/101249/2021 · 2026-01-13

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:390 WP No. 101249 of 2021 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 101249 OF 2021 (S-RES) BETWEEN: 1. SRI. MADAN YALLAPPA ATWADAKAR SINCE DECEASED BY HIS LRs., 1(A). SMT. VANITA W/O. MADAN ATWADKAR AGE: 52 YEARS, OCC: STUDENT, R/O. PLOT NO.6, 5TH CROSS, SHASTRINAGAR, BELAGAVI-590001. 1(B). MISS. RASIKA D/O. MADAN ATWADKAR AGE: 26 YEARS, OCC: STUDENT, R/O. PLOT NO.6, 5TH CROSS, SHASTRINAGAR, BELAGAVI-590001. 1(C). OM S/O. MADAN ATWADKAR SINCE MINOR REPRESENTED BY HIS MOTHER NATURAL GUARDIAN PETITIONER NO.1A. SMT. VANITA, R/O. PLOT NO.6, 5TH CROSS, SHASTRINAGAR, BELAGAVI-590001. &PETITIONERS (BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE) AND: 1. THE SECRTARY DEPARTMENT OF URBAN DEVELOPMENT, VIKAS SOUDHA, BENGALURU-1. 2. THE COMMISSIONER OF MUNICIPAL ADMINISTRATION, 9TH FLOOR, MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.23 16:04:09 +0530 - 2 - HC-KAR NC: 2026:KHC-D:390 WP No. 101249 of 2021 VISHWESHVARAIYA TOWER, DR. AMBEDKAR MARG, BENGALURU-1. 3. DEPUTY COMMISSIONER AND DISTRICT ELECTION OFFICER, BELAGAVI-590001. 4. PROJECT DIRECTOR D.U.D.C. BELAGAVI, D.C. OFFICE, BELAGAVI-590001. 5. THE COMMISSIONER CORPORATION OF CITY OF BELAGAVI, ASHOKNAGAR, BELAGAVI, TQ AND DIST: BELAGAVI-590001. &RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA FOR R1 TO R4; SRI. VINAY S.KOUJALAGI, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE ENQUIRY BEARING NO.MANABE/SAAWI/SIBBANDI-2/VIV/2012- 13/ECH6 AGAINST THE PETITIONER VIDE ANNEXURE-F; ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE ENQUIRY BEARING NO.PAUVNI/MANAPA/BELAGAVI/ VICHARANE/CR26/2010-12/906 DATED 21.05.2016 AGAINST THE PETITIONER AS REFLECTED IN ANNEXURE-M AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 8B9 GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA - 3 - HC-KAR NC: 2026:KHC-D:390 WP No. 101249 of 2021 ORAL ORDER Petitioner No.1 has called in question, the enquiry proceedings initiated against him. It is not in dispute that the petitioner retired from service on 30.07.2016. 2. During the pendency of the writ petition, petitioner No.1 expired and his legal representatives have been brought on record. 3. Learned counsel for the petitioner submits that the enquiry proceedings were initiated after the retirement of petitioner No.1 and that in view of his demise the petitioners are no longer pressing the relief seeking quashing of the enquiry proceedings. It is submitted that appropriate direction may be issued to the respondents for the settlement of the retiral and pensionary benefits payable to the deceased petitioner in accordance with law. 4. The said submission is recorded. - 4 - HC-KAR NC: 2026:KHC-D:390 WP No. 101249 of 2021 5. In view of the death of petitioner No.1 and the fact that the relief challenging the enquiry proceedings is not pressed, no adjuration on the validity of the enquiry proceedings is warranted. However, since the legal representative are entitle to retiral benefits of the deceased employee, appropriate directions are required to be issued. Accordingly, the writ petition is disposed off directing the respondents to settle all the pensionary and retiral benefits payable to the deceased petitioner No.1 to which he was entitled in accordance with law, in favour of his legal representative within a period of four weeks from the date of receipt of copy of this order. Sd/- JUSTICE K.S.HEMALEKHA PJ/Ct:VH List No.: 1 Sl No.: 83