Shriharsha S/O Shrishailappa Shetti vs The State Of Karnataka And Anr on 30 November, 2022

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Karnataka High Court

Shriharsha S/O Shrishailappa Shetti vs The State Of Karnataka And Anr on 30 November, 2022

Bench: R. Devdas

                           1



           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

       DATED THIS THE 30TH DAY OF NOVEMBER, 2022

                        BEFORE

         THE HON'BLE MR.JUSTICE R. DEVDAS

        WRIT PETITION No.203116/2022 (S-RES)
BETWEEN:

SHRIHARSHA S/O SHRISHAILAPPA SHETTI
AGE: 39 YEARS, OCC: LAND ACQUISITION
OFFICER, NATIONAL HIGHWAY AUTHORITY,
BAGALKOT-587101, R/O. H.NO.574, CHINNA,
RAMATHEERTHA NAGAR, BELGAUM-590016.
                                          ... PETITIONER
(BY SRI AVINASH A. UPLAONKAR &
 SRI RAVI K. ANOOR, ADVOCATES)

AND:

1.     THE STATE OF KARNATAKA
       BY ITS CHIEF SECRETARY
       GOVERNMENT OF KARNATAKA,
       VIKASA SOUDHA, BENGALURU-560001.

2.     THE STATE OF KARNATAKA
       BY ITS PRINCIPAL SECRETARY,
       (DPAR) DEPARTMENT OF PERSONNEL
       & ADMINISTRATIVE REFORMS (SERVICE-2),
       BENGALURU-560001.
                                        ... RESPONDENTS
(BY SRI VIRANAGOUDA M. BIRADAR, AGA)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION MADE
BY PETITIONER DATED 29.03.2022 VIDE (ANNEXURE-D) AS PER
THE DICTUM LAID DOWN IN WP.NO.147900/2020 (S-KAT) AND
ETC.
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     THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:

                           ORDER

R. DEVDAS J., (ORAL):

Office has raised objection regarding the maintainability of the writ petition, since the petitioner is admittedly in the cadre of Assistant Commissioner and a civil servant.

2. Learned counsel for the petitioner submits that the petitioner is only seeking implementation of the directions issued by the Hon'ble Division Bench in W.P.No.202132/2021 dated 22.02.2022. The Hon'ble Division Bench had directed that consequent upon quashing of the impugned order therein dated 23.06.2020, the petitioner would be entitled for all consequential benefits in accordance with law, as held in the case of N. Mahesh Babu vs. State of Karnataka and others in W.P.No.147900/2020 disposed of on 08.09.2021. The petitioner has 3 given representation to the Principal Secretary, Department of Personnel and Administrative Reforms (Service-2), Bangalore, to comply with the directions issued by the Hon'ble Division Bench. Since there is non-compliance, this writ petition is filed.

3. Going by the submissions made by the learned counsel for the petitioner, it is clear that the petitioner was either required to go before the Hon'ble Division Bench by filing appropriate petition or should have gone before the Karnataka State Administrative Tribunal.

4. Learned counsel for the petitioner submits that liberty may be reserved to the petitioner to pursue either of the two remedies.

5. Accordingly, the writ petition stands disposed of while granting liberty to the petitioner to 4 choose either of the two options that were noticed hereinabove.

Ordered accordingly.

Sd/-

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