- 1 - HC-KAR NC: 2026:KHC-D:815 WP No. 100256 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.100256 OF 2026 (S-RES) BETWEEN: SHRI. MAHAMMAD ISMAIL S/O K KAREEM SAB AGE: 55 YEARS, OCC: VILLAGE ASSISTANT, KUDLIGI TOWN, PERMANENT R/O. 4TH WARD AZAD NAGARA, NEAR AIRTECH TOWER KUDLIGI 583135, TQ. KUDLIGI, DIST. VIJAYANAGARA. …PETITIONER (BY SRI. SUHAS K. HOSAMANI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER VIJAYANAGARA DISTRICT, HOSPET 583201, TQ: AND DIST: VIJAYANAGARA 2. THE ASSISTANT COMMISSIONER VIJAYANAGARA DISTRICT, HOSPET 583201, TQ. AND DIST. VIJAYANAGARA 3. THE TAHASILDAR AND TALUKA EXECUTIVE MAGISTRATE MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.28 10:36:02 +0530 - 2 - HC-KAR NC: 2026:KHC-D:815 WP No. 100256 of 2026 KUDLIGI 585135, TQ. KUDLIGI, DIST. VIJAYANAGARA 4. THE DEPUTY TAHASILDAR AND KUDLIGI HOBLI, KUDLIGI 585135, TQ. KUDLIGI, DIST. VIJAYANAGARA 5. THE REVENUE INSPECTOR KUDLIGI KUDLIGI 585135, TQ. KUDLIGI, DIST. VIJAYANAGARA 6. THE VILLAGE ADMINISTRATIVE OFFICER KUDLIGI CIRCLE, KUDLIGI 585135, TQ. KUDLIGI, DIST. VIJAYANAGARA. …RESPONDENTS (BY SMT. NANDINI B. SOMAPUR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED NIL.01.2025 PASSED BY THE RESPONDENT NO.3 IN NO.SAM.KAM./SIMBANDI- 2/GRA.SA/51/2020-21 AS PER ANNEXURE-G. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC-D:815 WP No. 100256 of 2026 CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER The petitioner has called in question the impugned order (Annexure-G) passed by respondent No.3, whereby the petitioner has been compulsorily retired from service on premise that he had attained the age of superannuation, the petitioner further seeks consequential reliefs for reinstatement with effect from 10.01.2025 along with all attendant benefits. 2. Heard the learned counsel appearing for the petitioner and learned Additional Government Advocate appearing for the respondents-State. 3. Brief facts: The petitioner was appointed as a Village Assistant under respondent No.3. By the impugned order, respondent No.3 has held that the date of birth of the petitioner is 01.06.1959 and that the petitioner had attained the age of 65 years, as on 30.05.2024. On that basis, the petitioner - 4 - HC-KAR NC: 2026:KHC-D:815 WP No. 100256 of 2026 was directed to be compulsorily retired from service with effect from 10.01.2025. Learned counsel for the petitioner submits that the impugned order has been without holding any enquiry and without affording an opportunity of hearing and whereby violating the principles of natural justice. It is submitted the determination of the date of birth which has serious civil consequences, could not have been undertaken unilaterally. 4. Per contra, learned Additional Government Advocate for the respondent-State justifies the impugned order and submits that the same does not warrant any interference, and that the same is based on the report submitted by respondent No.5-the Revenue Inspector, Kudligi, wherein it has been stated that the petition’s date of birth of the petitioner is 01.06.1959 and that he had completed the age of 65 years as on 30.05.2024. - 5 - HC-KAR NC: 2026:KHC-D:815 WP No. 100256 of 2026 5. This Court has carefully considered the contentions urged by the learned counsel appearing for the parties and perused the material on record. 6. Learned counsel for the petitioner has placed reliance upon the decision of the Co-ordinate Bench of this Court in the case of Shri Veeresh S/o Venkatesh vs. The State of Karnataka and others1 which came to be disposed of in terms of the order passed in W.P.No.48068/2018, disposed of on 21.10.2020, wherein it has been held that any order passed in violation of principles of natural justice is unsustainable in law. Though the said case pertains to employee of the Grama Panchayath the principle laid down therein squarely applies to the present case as well. 7. It is well settled principle of law that when an order having civil consequence is proposed to be passed particularly involving termination or compulsory retirement, 1 W.P.No.108146/2025 (DD:- 05.11.2025) - 6 - HC-KAR NC: 2026:KHC-D:815 WP No. 100256 of 2026 the affected person must be afforded reasonably opportunity of hearing and the authority must follow the procedure known to law. The failure to do so vitiates the decision making process warranting interference. In the absence any enquiry and clear violation of principles of natural justice, this Court is of the considered view that the impugned order Annexure-G, cannot be sustained. 8. Accordingly, this Court pass the following: ORDER i. The writ petition is allowed. ii. The impugned order (Annexure-G) passed by respondent No.3 dated ‘Nil’ is hereby quashed. iii. Liberty is reserved to the respondents/State to initiate proceedings against the petitioner, if so advised strictly in accordance with law after affording opportunity of hearing. Sd/- JUSTICE K.S.HEMALEKHA AM/- List No.: 1 Sl No.: 25