Karnataka High Court
Mallikarjun And Anr vs Managing Director And Anr on 26 November, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC-K:8912
WP No. 201628 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 26TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.201628 OF 2023 (GM-RES)
BETWEEN:
1. SRI. MALLIKARJUN S/O SHARANAPPA
AGE 22 YEARS: OCC: UNEMPLOYED
RESIDENT OF MEDINAPUR
TALUK LINGASUGUR
DISTRICT RAICHUR - 584 115.
2. SRI. NINGAPPA
S/O AMARAPPA
AGE 22 YEARS
OCCUPATION: UNEMPLOYED
RESIDENT OF MEDINAPUR VILLAGE,
TALUK LINGASUGUR
DISTRICT RAICHUR - 584 115.
...PETITIONERS
(BY SRI. MAHANTESH PATIL, ADVOCATE)
Digitally
signed by AND:
LUCYGRACE
Location: High 1. MANAGING DIRECTOR
Court Of
Karnataka HUTTI GOLD MINES
TALUK LINGASUGUR
DISTRICT RAICHUR-584 115.
2. THE EXECUTIVE DIRECTOR
HUTTI GOLD MINES
TALUK LINASUGUR
DISTRICT RAICHUR-584 115.
3. ESHWARAMMA W/O AMARAPPA
AGE: 67 YEARS,
OCCU: HOUSEHOLD
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WP No. 201628 of 2023
4. SRI. MALLIKARJUN
S/O BHEERAPPA @ BHEEMAPPA
AGE: 26 YEARS
OCC: UNEMPLOYED
BOTH ARE RESIDENTS OF
MEDINAPUR VILLAGE, TQ: LINGASUGUR
DIST: RAICHUR - 584 115.
5. SABANNA
S/O SIDDANNA
AGE: 22 YEARS
OCC: UNEMPLOYED
R/O HOSUR SIDDAPUR TQ: LINGASUGUR
DIST: RAICHUR - 584 116.
6. NARASAMMA
D/O GUDNAPPA
AGE: 21 YEARS, OCC: NIL.
R/O MEDINAPUR VILLAGE
TQ: LINGASUGUR
DIST: RAICHUR - 584 116
7. NARASAPPA @ NARASANNA
S/O SOMAYYA
AGE: 23 YEARS,
OCC: UNEMPLOYED
R/O SOMANMARDI,
TQ: LINGASUGUR
DIST: RAICHUR - 584 115.
8. SANDHYA W/O NAGARAJ
AGE: 22 YEARS,
OCC: UNEMPLOYED
R/O MEDINAPUR VILLAGE
TQ: LINGASUGUR
DIST: RAICHUR - 584 115.
9. RENUKA D/O SOPANNA
W/O PRASHANTH
AGE: 22 EYARS
OCCUPATION: UNEMPLOYED
R/O HUTTI VILLAGE
TQ: LINGASUGUR
DIST: RAICHUR - 584 115.
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WP No. 201628 of 2023
10. VIJAY KUMAR
S/O N. SWAMY
AGE: 21 YEARS
OCC: UNEMPLOYED
R/O HUTTI VILLAGE
TQ: LINGASUGUR
DIST: RAICHUR - 584 115.
11. SRINIVAS
S/O VENKATESH NADPUROHIT
AGE: 34 YEARS,
OCC: UNEMPLOYED
R/O VILLAGE HUTTI
TQ: LINGASUGUR
DIST: RAICHUR - 584 115.
...RESPONDENTS
(BY SRI. VEERANAGOUDA MALIPATIL, ADVOCATE FOR R-1 & R-2
SRI. ARUNKUMAR AMARAGUNDAPPA, ADVOCATE FOR R-3 & R-4
SRI. V.M. ASHRIT, ADVOCATE FOR R-5 TO R-11)
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 TO QUASH THE IMPUGNED
PROVISIONAL SELECTION LIST DATED 23.05.2023 ISSUED BY THE
2ND RESPONDENT VIDE ANNEXURE - H IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
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NC: 2024:KHC-K:8912
WP No. 201628 of 2023
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR) In this petition, petitioners seek the following reliefs:
"(a) Issue a writ in the nature of certiorari to quash the impugned provisional selection list dated 23.05.2023 ¸ÀASÉå:ºÀaUÀ/ªÀiÁ¸À/¨sÀƸÁé/»ªÀå/2023 issued by the 2nd respondent vide Annexure-H, in the interest of justice and equity.
(b) Issue a writ in the nature of mandamus or directions, directing the respondents to consider the objections dated 26.05.2023 & 30.05.2023 before issuing final selection list which are produced at Annexure - J & J1 in the interest of justice and equity.
(c) Pass such other orders or directions as this Hon'ble Court deems just and proper under the facts and circumstances of the case and allow this writ petition, in the interest of justice."
2. Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record.
3. On 20.07.2023, this Court passed the following interim order:
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NC: 2024:KHC-K:8912 WP No. 201628 of 2023 "1. Sri. Veeranagouda Malipatil., learned counsel for respondents No.1 and 2 submits that the application filed by the petitioner has been rejected and he seeks for a week's time to produce the same.
2. Sri.Mantesh Patil., learned counsel for the petitioner submits that there is massive fraud being perpetrated in the offices of the respondents under the scheme for appointment of land losers on account of the acquisition of the said land for the respondents.
3. The respondents have been appointing persons who are ineligible depriving eligible persons like the petitioners by acting on collusive decrees in a Hindu joint family, persons belonging to the Muslim faith have been granted jobs on account of they being considered to be coparsners. This fact he tries to support by referring to the Notification dated 23.5.2023 at Annexure-H. He states that one of the persons Sri. Dawlath a person belonging to Islamic faith is stated to be a coparcener of Eshwaramma's family.
4. This is not the first time that this kind of case has come up before this court. There have been other matters also regarding fresh appointment as also compassionate appointment, where similar allegations have been made.
5. In that view of the matter, the Principal Secretary, Commerce and Industries Department is directed to get an inquiry conducted into the affairs of the respondents. More particularly as regards appointments on compassionate basis as also as regards appointments under the land loser scheme, all appointments made in the last 5 years to be -6- NC: 2024:KHC-K:8912 WP No. 201628 of 2023 verified if the same is as per the applicable norms and in accordance with law.
6. A detailed inquiry report to be placed on the file of this court within 60 days from today.
7. The further proceeding pursuant to the provision selection list dated 23.5.2023 at Annexure H is stayed until the next date of hearing.
8. Re-list on 4.10.2023."
4. The aforesaid interim order passed by this Court is staying all further proceedings pursuant to the provision Selection List at Annexure - H dated 23.05.2023 has continued to remain in force and operate between the parties, even till today. At any rate, it is an undisputed fact that the objections / representations at Annexures - J and J1 dated 26.05.2023 and 30.05.2023 have not been considered by the respondents even till today. Under these circumstances, without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and appropriate to dispose of this petition directing the respondents to consider and take appropriate decision / pass appropriate orders bearing in mind HGML Recruitment (Appointment) of Land Losers and Family Members Rules, 2012 (amended on 07.09.2015), in accordance with law, within a period of six weeks from today. It is further -7- NC: 2024:KHC-K:8912 WP No. 201628 of 2023 directed that the interim order dated 20.07.2023 passed by this Court, which is in force even till today shall continue to remain in force and operate between the parties for a period of six weeks from today.
5. Subject to the aforesaid observations and directions, the petition stands disposed of.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 22