Karnataka High Court
The State Of Karnataka vs The Karnataka State Taluk Mojini ... on 31 October, 2023
Bench: Chief Justice, Krishna S Dixit
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WA No. 201 of 2023
AND WA No.1172 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF OCTOBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT APPEAL NO. 201 OF 2023 (S-RES)
AND
WRIT APPEAL No.1172 OF 2023 (S-RES)
IN W.A.NO.201/2023:
BETWEEN:
1. THE STATE OF KARNATAKA,
REP BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF PERSONNEL AND
ADMINISTRATIVE REFORMS, 'SACHIVALAYA',
M.S.BUILDING, BENGALURU - 560 001.
Digitally signed 2. STATE OF KARNATAKA,
by SHARADA REP BY PRINCIPAL SECRETARY,
VANI B REVENUE DEPARTMENT,
Location: HIGH 5TH FLOOR, 3RD BLOCK,
COURT OF M.S.BUILDING, VIDHANA SOUDHA,
KARNATAKA
BENGALURU - 560 001.
3. THE COMMISSIONER,
DEPARTMENT OF SURVEY
SETTLEMENT AND LAND RECORDS,
K.R.CIRCLE, BENGALURU - 560 001.
4. THE DEPUTY COMMISSIONER,
CHITRADURGA DISTRICT,
CHITRADURGA - 577 501.
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AND WA No.1172 of 2023
5. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER
(LAND RECORDS),
CHITRADURGA DISTRICT,
CHITRADURGA - 577 501.
6. THE DEPUTY COMMISSIONER,
BENGALURU RURAL DISTRICT,
BEERASANDRA VILLAGE,
KUNDANA HOBLI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT.
7. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER
(LAND RECORDS),
BENGALURU RURAL DISTRICT,
BENGALURU - 560 021.
8. THE DEPUTY COMMISSIONER
SHIVAMOGGA DISTRICT,
SHIVAMOGGA - 577 222.
9. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER
(LAND RECORDS),
SHIVAMOGGA DISTRICT,
SHIVAMOGGA - 577 222.
10. THE DEPUTY COMMISSIONER
CHIKKABALLAPURA DISTRICT,
CHIKKABALLAPURA - 562 101.
11. THE DEPUTY DIRCTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER
(LAND RECORDS),
CHIKKABALLAPURA DISTRICT,
CHIKKABALLAPURA - 562 101.
12. THE DEPUTY COMMISSIONER
MANDYA DISTRICT,
MANDYA - 571 534.
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AND WA No.1172 of 2023
13. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER
(LAND RECORDS),
MANDYA DISTRICT, MANDYA - 571 534.
14. THE DEPUTY COMMISSIONER
HAVERI DISTRICT, HAVERI - 581 110.
15. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER
(LAND RECORDS),
HAVERI DISTRICT, HAVERI - 581 110.
16. THE DEPUTY COMMISSIONER
BELLARY DISTRCT,
BELLARY - 583 135.
17. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER
(LAND RECORDS),
BELLARY DISTRICT, BELLARY - 583 135.
18. THE DEPUTY COMMISSIONER
GULBARGA DISTRICT,
GULBARGA - 585 104.
19. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER
(LAND RECORDS),
GULBARGA DISTRICT,
GULBARGA - 585 104.
20. THE DEPUTY COMMISSIONER
KOPPAL DISTRICT, KOPPAL - 583 227.
21. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER
(LAND RECORDS),
KOPPAL DISTRICT, KOPPAL - 583 227.
22. THE DEPUTY COMMISSIONER
BELGAUM DISTRICT,
BELGAUM - 591 201.
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23. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER,
(LAND RECORDS).
BELGAUM DISTRICT,
BELGAUM - 591 201.
24. THE DEPUTY COMMISSIONER
RAMANAGARA DISTRICT,
RAMANAGAR - 571 511.
25. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER
(LAND RECORDS),
RAMANAGARA DISTRICT
RAMANAGAR - 571 511.
26. THE DEPUTY COMMISSIONER
UDUPI DISTRICT, UDUPI - 574 104.
27. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER
(LAND RECORDS), UDUPI DISTRICT,
UDUPI - 574 104.
28. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER
(LAND RECORDS), KARWAR,
UTTARA KANNADA DISTRICT - 581 301.
29. THE DEPUTY COMMISSIONER
KARWAR, UTTARA KANNADA DISTRICT,
KARAWAR - 581 301.
30. THE DEPUTY COMMISSIONER
BAGALKOT DISTRICT,
BAGALKOT - 587101.
31. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER
(LAND RECORDS),
BAGALKOT DISTRICT,
BAGALKOT - 587101.
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32. THE DEPUTY COMMISSIONER
DAVANAGERE DISTRICT,
DAVANGERE - 577 552.
33. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER
(LAND RECORDS),
DAVANAGERE DISTRICT,
DAVANAGERE - 577 552.
34. THE DEPUTY COMMISSIONER
MYSURU DISTRICT,
MYSURU-571 107.
35. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER,
(LAND RECORDS)
MYSURU DISTRICT,
MYSURU-571 107.
36. THE DEPUTY COMMISSIONER
TUMAKURU DISTRICT,
TUMAKURU-572 129.
37. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER,
(LAND RECORDS)
TUMAKURU DISTRICT,
TUMAKURU-572 129.
38. THE DEPUTY COMMISSIONER
CHIKKAMAGALURU DISTRICT-577 101.
39. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER,
(LAND RECORDS)
CHIKKAMAGALURU DISTRICT-577 101.
40. STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL REVENUE DEPARTMENT,
M.S.BUILDING,
BENGALURU-560 001.
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41. ADDITIONAL CHIEF SECRETARY
TO GOVERNMENT, DPAR (E-GOVERNANCE),
PUBLIC SERVICE, SAKALA MISSION,
M.S.BUILDING,
BENGALURU-560 001.
42. THE DIRECTOR
DPAR (E-GOVERNANCE),
PUBLIC SERVICE, SAKALA MISSION,
M.S BUILDING,
BENGALURU-560 001.
SL Nos.1 TO 42 ARE APPELLANTS
IN W.A.No.201/2023.
...APPELLANTS
(BY SRI. PRINCE ISSAC., ADDITIONAL GOVERNMENT
ADVOCATE)
AND:
1. THE KARNATAKA STATE TALUK
MOJINI OPERATORS
(LAND SURVEY DEPARTMENT)
WELFARE ASSOCIATION,
NO.10, AGALAKUPPE,
DABASPET POST, SOMPURA HOBLI,
NELAMANGALA TALUK,
BENGALURU RURAL DISTRICT,
BENGALURU - 562 111.
2. SRI RAJU H
S/O HANUMANTHARAYAPPA ,
AGED ABOUT 30 YEARS,
WORKING AS MOJINI OPERATOR,
NELAMANGALA TALUK OFFICE,
NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT-562 123.
3. NARASIMHA MURTHY N
S/O NARASIMHAIAH,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT-562 110.
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4. RAJESHA C N
S/O NARAYAN C S,
AGED ABOUT 27 YEARS,
WORKING AS MOJINI OPERATOR,
THIRTHAHALLI TALUK,
SHIVAMOGGA DISTRICT-577 432.
5. REKHA H M
D/O MALLIKARJUNAPPA H E,
AGED ABOUT 29 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
BHADRAVATHI TALUK,
SHIVAMOGGA DISTRICT-577 301.
6. SHEELA K B
D/O BYRAPPA,
AGED ABOUT 27 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
HOSANAGRA TALUK,
SHIMOGA DISTRICT-577 418.
7. SURESHA S M
S/O MANJAPPA,
AGED ABOUT 31 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
SHIMOGA TALUK,
SHIMOGA DISTRICT-577 222.
8. SUMADHARA E
S/O LATE ESHWARA REDDY C,
AGED ABOUT 34 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
SHIKARIPURA TALUK,
SHIMOGA DISTRICT-577 427.
9. G N MOHAN KUMAR
S/O NARAYANASWAMY,
AGED ABOUT 30 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
MANCHENAHALLI HOBLI,
GOWRIBIDANUR TALUK,
CHIKKABALLAPURA DISTRICT-560 208.
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10. JAGADISHA PRASAD B A
S/O ASHWATHNARAYAN,
AGED ABOUT 28 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
GUDIBANDE TALUK,
CHIKKABALLAPURA DISTRICT-561 208.
11. CHANNAMALLIKARJUNA
S/O SOMASHEKARAIAH,
AGED ABOUT 27 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
MANCHENAHALLI HOBLI,
CHIKKABALLAPURA TALUK AND DIST-561 208.
12. MANJUNATHA B N
S/O E NANJUNDAPPA,
AGED ABOUIT 36 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
BAGEPALLI TALUK,
CHIKKABALLAPURA DISTRICT-561 207.
13. MOUNISH R
S/O. RAMACHANDRA,
AGED ABOUT 26 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
SIDDALAGATTA TALUK,
CHIKKABALLAPURA TALUK,
CHIKKABALLAPURA DISTRICT-562 101.
14. MANJUNATHA K N S/O. NAREPPA,
AGED ABOUT 29 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
MUNGANAHALLI HOBLI,
CHINTHAMANI TALUK,
CHIKKABALLAPURA DISTRICT-563 125.
15. M.S MURALIDHAR
S/O. M. S. NARAYAN BHAGAVAN,
AGED ABOUT 34 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
KUVEMPU NAGARA, PANDAVAPURA TALUK,
MANDYA DISTRICT-571 524.
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16. SHIVAPRASAD S/O. SWAMY. K,
AGED ABOUT 32 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
MALAVALLI TALUK,
MANDYA DISTRICT-571 430.
17. RAMESHA D C
S/O. CHANDRAPPA. D. M.,
AGED ABOUT 30 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
K.R. PET TALUK,
MANDYA DISTRICT-571 426.
18. SHANKARA
S/O. KALAPPA ARKACHARI,
AGED ABOUT 28 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
DHARWAD DISTRICT-581 110.
19. NAGARAJU P
S/O. SIDDANAVAR,
AGED ABOUT 31 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
SINGAV TALUK, HAVERI DISTRICT-581 110.
20. GOPAL SWAMY RAO INAMDARA
AGED ABOUT 40 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
HIKERRURU TALUK,
HAVERI DISTRICT-581 111.
21. KALAPPA AKKASALI
S/O. VEERABADRAPPA. A.,
AGED ABOUT 36 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
HOVINAHADAGALI TALUK,
BELLARY DISTRICT-583 219.
22. MAHANTHESH
S/O. SHEKARAPPA M.S.,
AGED ABOUT 28 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
KUDLIGI TALUK, BELLARY DISTRICT-583 135.
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23. MARIYAPPA H
S/O. HANUMANTHAPPA. H.,
WORKING AS TALUK MOJINI OPERATOR,
HAGARI BOMMANAHALLI TALUK,
BELLARY DISTRICT-583 212.
24. N VEERENDRA
S/O. N. BASAVANAGOWDA,
AGED ABOUT 26 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
BELLARY TALUK, BELLARY DISTRICT-583 101.
25. MALLAIAH H
S/O. EIRANNA,
AGED ABOUT 26 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
SIRUGUPPA TALUK,
BELLARY DISTRICT-583 121.
26. M SADIQ
S/O. M. SUBHAN,
AGED ABOUT 32 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
SANDUR TALUK, BELLARY DISTRICT-583 119.
27. VENKATESH
S/O. LATE R. KUPPUSWAMY,
AGED ABOUT 26 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
HOSAPET, BELLARY DISTRICT-583 201.
28. CHANDRAKANTH
S/O. MAHADEVAPPA,
AGED ABOUT 29 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
ALANDA TALUK, GULBARGA DISTRICT-585 302.
29. SAIFAM PATEL
S/O. KHADAR PATEL,
AGED ABOUT 26 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
AFZALPURA HOBLI, AFZALPURA TALUK-585 301.
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30. SMT JYOTHI
W/O. BASAVARAJU,
AGED ABOUT 24 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
GULBARGA TALUK, GULBARGA DISTRICT-585 104.
31. DIGAMBAR
S/O. CHANDRASHEKARA,
AGED ABOUT 41 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
CHITHAPURA TALUK,
GULBARGA DISTRICT-585 225.
32. GUNDAPPA
S/O. LACHAMAIAH,
AGED ABOUT 30 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
CHINCOHALLI TALUK,
GULBARGA DISTRICT-585 307.
33. SMT NAGAMMA
W/O. SHIVARAYA,
AGED ABOUT 21 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
SEDAM TALUK, GULBARGA DISTRICT-585 320.
34. VISHWANATH H
S/O. HANUMANTHAPPA,
AGED ABOUT 26 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
GANGAVATHI TALUK, KOPPAL DISTRICT-582 377.
35. PARASHURAMA
S/O. RANGAPPA NRERA,
AGED ABOUT 28 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
YELABURGA TALUK, KOPPAL DISTRICT-583 236.
36. BASAVARAJU
S/O. SHIVALINGAPPA HOTTERA,
WORKING AS TALUK MOJINI OPERATOR,
KUSTAGI TALUK, KOPPAL DISTRICT-583 277.
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37. KAMARAJ M DURADUNDI
S/O. MARUTHI,
AGED ABOUT 33 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
RAIBAG TALUK, BELGAUM DISTRICT-591 317.
38. AJITH PATIL S/O. PATIL. H,
AGED ABOUT 30 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
BELAGAUM TALUK, BELAGAUM DISTRICT-590 003.
39. GURULING BASAPPA TANGADI
AGED ABOUT 29 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
CHIKKODI TALUK, BELGAUM DISTRICT-591 201.
40. SIDDAPPA S/O. RAMAPPA ADANI,
AGED ABOUT 35 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
GOKAK TALUK, BELGAUM DISTRICT-591 307.
41. RUDRAYYA PARTHANALLI URF MATHAD
S/O. ALLAIAH,
AGED ABOUT 27 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
ATHANI TALUK, BELGAUM DISTRICT-591 304.
42. QUTUBUDDIN SANADI
S/O. BILANSAHEB,
AGED ABOUT 25 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
HUKKERI TALUK, BELGAUM DISTRICT-591 309.
43. LATHAMANI H S
D/O. SHIVAIAH,
AGED ABOUT 24 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
TIPTUR TALUK, TUMKUR DISTRICT-572 201.
44. ANUJA GOVIND GIRI
AGED ABOUT 30 YEARS,
KHANAPURA TALUK, BELGAUM DISTRICT-591 302.
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45. RAVINDRA VITTHAL KULKARNI
AGED ABOUT 44 YEARS,
BAILAHONGAL TALUK,
BELGAUM DISTRICT-591 125.
46. CHENDREGOWDA
S/O. SHIVARUDRAIAH,
AGED ABOUT 28 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
KASABA HOBLI, KANAKAPURA TALUK,
RAMANAGARA DISTRICT-562 117.
47. ANANDA N S/O. SHIVARAJU,
AGED ABOUT 28 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
RAMANAGARA TALUK,
RAMANAGARA DISTRICT-571 511.
48. SUMA R D/O. RAJANNA,
AGED ABOUT 28 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
CHANNAPATNA TALUK,
RAMANAGARA DISTRICT-562 160.
49. SMT ASHWINI K D/O. DHANANJAYA,
AGED ABOUT 25 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
MAGADI TALUK,
RAMANAGARA DISTRICT-562 160.
50. SMT POORNIMA SHETTY
W/O. SANJIVA SHETTY,
AGED ABOUT 30 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
KARKALA TALUK, UDUPI DISTRICT-574 104.
51. SRINIVAS PRASAD
S/O. LATE ANNAPPA POOJARI,
AGED ABOUT 28 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
BYNDOOR SPECIAL TALUK,
UDUPI DISTRICT-576 214.
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52. RUPESH R BANDARI
S/O. RAMESH BANDARI,
AGED ABOUT 30 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
KUMATA TALUK,
UTTARA KANNADA DISTRICT-581 343.
53. GANESH NAIK S/O. MASTAPPA NAIK,
AGED ABOUT 32 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
BHATKAL TALUK,
UTTARA KANNADA DISTRICT-581 320.
54. NASREEN BANU D/O. HUSEN SAB,
AGED ABOUT 30 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
MUNDGOD TALUK, KARWAR DISTRICT-581 349.
55. RAGHAVENDRA S BHAT
S/O. SRI. KRISHNA BHAT,
AGED ABOUT 34 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
YALLAPURA TALUK,
UTTARA KANNADA DISTRICT-581 359.
56. SWETHA R PULKAR
D/O. SEETHA R. PULKAR,
AGED ABOUT 30 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
HONNAVAR TALUK,
UTTARA KANNADA DISTRICT-581 334.
57. YOGESH I M S/O.I.B.MOGANNA GOWDA,
AGED ABOUT 30 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
MUDIGERE TALUK,
CHIKKAMGALUR DISTRICT-577 132.
58. VIJAY KUMAR
S/O.VEERABHADRA SHETTY,
AGED ABOUT 30 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
CHIKKAMGALUR TALUK AND DISTRICT-577 101.
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59. MURULIDHARA G S/O.D GALLAPPA,
AGED ABOUT 30 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
TARIKERE TALUK,
CHIKKAMAGALUR DISTRICT-577 228.
60. YATHESH R S/O.RAMAPPA,
AGED ABOUT 34 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
TARIKERE TALUK,
CHIKKAMAGALUR DISTRICT-517 541.
61. KUMAR A R
S/O.RAJU A P,
AGED ABOUT 29 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
N.R.PURA TALUK,
CHIKKAMAGALUR DISTRICT-577 134.
62. SUBHASH BAJANTHRI S/O.LAXMAPPA,
AGED ABOUIT 35 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
BAJANTHRI ONI, HUNGUNDA TALUK,
BAGALAKOT DISTRICT-587 118.
63. SATHISH S G S/O.SHIVAKUMARAIAH,
AGED ABOUT 29 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
HONNALLI TALUK, DAVANAGERE DISTRICT-577 201.
64. VEERAPPA B G S/O.GANGADHARAPPA,
AGED ABOUT 40 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
CHANNAGIRI TALUK,
DAVANAGERE DISTRICT-577 552.
65. VISHWANATH N
S/O.JAGADISHAPPA N,
AGED ABOUT 24 YEARS,
WORKIGN AS TALUK MOJINI OPERATOR,
HARAPPANAHALLI TAUK,
DAVANAGERE DISTRICT-577 552.
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66. D N RAJESH S/O.D.N.NINGAPPA,
AGED ABOUT 38 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
HOLALKERE TALUK,
CHITRADURGA DISTRICT-577526.
67. KARIBASAPPA S/O.OBAPPA,
AGED ABOUT 26 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
HOSADURGA TALUK,
CHITRADURGA DISTRICT-577 527.
68. PRASHANTHI S ACHARI
W/O.DEVARAJU T,
AGED ABOUT 28 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
HIRIYURU TALUK,
CHITRADURGA DISTRICT-577 598.
69. PRASANNA KUMAR R S
S/O.R.C.SHIVAPPA,
AGED ABOUT 30 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
CHITRADURGA TALUK,
CHITRADURGA DISTRICT-577 501.
70. PAPAYYA S/O.BORANAYAKA,
AGED ABOUT 29 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
CHALLAKERE TALUK,
CHITRADURGA DISTRICT-577 522.
71. S SWAMYNATH S/O.SRINIVAS GOWDA,
AGED ABOUT 31 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
PERIYAPATNA TALUK, MYSURU DISTRICT-571 107.
72. MAHADEV SWAMY K G
S/O.GOVINDA GOWDA,
AGED ABOUT 24 YEARS,
WORKING AS TAUK MOJINI OPERATOR,
MIRLI HOBLI, K.R.NAGARA TALUK,
MYSURU DISTRICT-571 601.
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73. BASAVA NAYKA S/O.SIDDANAYKA,
AGED ABOUT 30 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
HUNASUR TALUK, MYSORE DISTRICT-571 105.
74. MAHADEVA T P S/O.PATTAIAH,
AGED ABOUIT 37 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
TALAKADU HOBLI, T NARASIPURA TALUK,
MYSURU DISTRICT-571 124.
75. BALAKRISHNA B R S/O.RAJANNA,
AGED ABOUT 25 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
KORATAGERE TALUK,
TUMKUR DISTRICT-572 129.
...RESPONDENTS
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO a) SET-ASIDE THE PORTION OF
THE ORDER IN REJECTING PARA NO.14 OF THE RESPONDENTS
FOR RECOVERY OF SUM OF RS.1,28,46,780.89/- IN WRIT
PETITION NOS. 41934/2017 C/W 46390/2017 AND b) PASS
ANY SUCH OTHER ORDER/s.
IN W.A No.1172/2023:
BETWEEN:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF PERSONNEL AND
ADMINISTRATIVE REFORMS,
SACHIVALAYA, M.S.BUILDING,
BENGALURU-560 001.
2. THE STATE OF KARNATAKA
REPRESENTED BY REVENUE SECRETARY,
REVENUE DEPARTMENT,
VIKASA SOUDHA,
BENGALURU-560 001.
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WA No. 201 of 2023
AND WA No.1172 of 2023
3. ADDITIONAL CHIEF SECRETARY OF GOVERNMENT
DEPARTMENT OF PERSONAL AND ADMINISTRATIVE
REFORMS (E-GOVERNANCE)
(PUBLIC SERVICE SAKALA MISSION)
M.S. BUILDING, BENGALURU-560 001.
4. THE DIRECTOR
DEPARTMENT OF PERSONAL AND
ADMINISTRATIVE REFORMS (E-GOVERNANCE)
(PUBLIC SERVICE SAKALA MISSION),
M.S. BUILDING, BENGALURU-560 001.
5. UNDER SECRETARY
DEPARTMENT OF PERSONAL AND
ADMINISTRATIVE REFORMS (E-GOVERNANCE)
(PUBLIC SERVICE SAKALA MISSION),
M.S. BUILDING, BENGALURU-560 001.
6. THE COMMISSIONER
DEPARTMENT OF SURVEY SETTLEMENT
AND LAND RECORDS,. K R CIRCLE,
BENGALURU-560 001.
7. THE DEPUTY COMMISSIONER
RAICHUR DISTRICT, RAICHUR-584 101.
8. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER
(LAND RECORDS)
RAICHUR DISTRICT, RAICHUR-584 101.
9. THE DEPUTY COMMISSIONER
DHARWAD DISTRICT, DHARWAD-580 114.
10. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER,
(LAND RECORDS)
DHARWAD DISTRICT, DHARWAD-580 114.
11. THE DEPUTY COMMISSIONER
DAKSHIN KANNADA DISTRICT,
DAKSHIN KANNADA-574 214.
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WA No. 201 of 2023
AND WA No.1172 of 2023
12. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER,
(LAND RECORDS)
DAKSHINA KANNADA DISTRICT,
DAKSHINA KANNADA-574 214.
13. THE DEPUTY COMMISSIONER
MANGALORE DISTRICT,
MANGALURU-574 129.
14. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER,
(LAND RECORDS)
MANGALURU DISTRICT,
MANGALURU-574 219.
15. THE DEPUTY COMMISSIONER
MANDYA DISTRICT,
MANDYA-571 401.
16. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER,
(LAND RECORDS)
MANDYA DISTRICT,
MANDYA-571 401.
17. THE DEPUTY COMMISSIONER
BIDAR DISTRICT,
BIDAR-585 401.
18. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER,
(LAND RECORDS)
BIDAR DISTRICT,
BIDAR-585 401.
19. THE DEPUTY COMMISSIONER
KALABURGI DISTRICT,
KALABURGI-585 101.
20. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER (LAND
RECORDS)
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AND WA No.1172 of 2023
KALABURGI DISTRICT,
KALABURGI 585 101.
21. THE DEPUTY COMMISSIONER
YADHGIRI DISTRICT,
YADHGIRI 585 201.
22. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER, (LAND
RECORDS)
YADHGIRI DISTRICT
YADHGIRI 585 201.
23. THE DEPUTY COMMISSIONER
BELGAUM DISTRICT,
BELGAUM 590 001.
24. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER,
(LAND RECORDS)
BELGAUM DISTRICT,
BELGAUM 590 001.
25. THE DEPUTY COMMISSIONER,
MYSURU DISTRICT,
MYSURU 570 001.
26. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER,
(LAND RECORDS)
MYSURU DISTRICT, MYSURU 570 001.
27. THE DEPUTY COMMISSIONER,
GADAG DISTRICT, GADAG 582 101.
28. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER,
(LAND RECORDS),
GADAG DISTRICT, GADAG 570 001.
29. THE DEPUTY COMMISSIONER,
RAMANAGARA DISTRICT,
RAMANAGARA 571 511.
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WA No. 201 of 2023
AND WA No.1172 of 2023
30. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER,
(LAND RECORDS)
RAMANAGARA DISTRICT,
RAMANAGARA 571 511.
31. THE DEPUTY COMMISSIONER,
DODDABALLAPURA DISTRICT,
DODDABALLAPURA 561 203.
32. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER,
(LAND RECORDS)
DODDABALLAPURA DISTRICT,
DODDABALLAPURA 561 203.
33. THE DEPUTY COMMISSIONER
SHIVAMOGGA DISTRICT
SHIVAMOGGA DISTRICT 577 201.
34. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER,
(LAND RECORDS)
SHIVAMOGGA DISTRICT,
SHIVAMOGGA DISTRICT 577 201.
35. THE DEPUTY COMMISSIONER,
CHAMRAJNAGARA DISTRICT,
CHAMARAJANAGARA 571 440.
36. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER,
(LAND RECORDS)
CHAMARAJANAGARA DISTRICT,
CHAMARAJANAGARA DISTRICT 571 440.
37. THE DEPUTY COMMISSIONER,
HASSAN DISTRICT, HASSAN 573 201.
38. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER
(LAND RECORDS),
HASSAN DISTRICT, HASSAN 573 201.
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NC: 2023:KHC:38553-DB
WA No. 201 of 2023
AND WA No.1172 of 2023
39. THE DEPUTY COMMISSIONER,
BAGALKOT DISTRICT, BAGALKOT 587 101.
...APPELLANTS
(BY SRI. PRINCE ISSAC., ADDITIONAL GOVERNMENT
ADVOCATE)
AND:
1. THE KARNATAKA STATE TALUK MOJINI OPERATORS
(LAND SURVEY DEPARTMENT)
WELFARE ASSOCIATION,
NO 10, AGALAKUPPE, DABASPET POST,
SOMPURA HOBLI, NELAMANGALA TALUK,
BENGALURU RURAL DISTRICT,
BENGALURU 562 111.
REPRESENTED BY ITS PRESIDENT
SRI RAJU H S/O HANUMANTHARAYAPPA
2. NAGASHETTY
S/O KARASABAPPA,
AGED ABOUT 42 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
BASAVA KALYANA TALUK,
BIDAR DISTRICT 585 327.
3. SHIV KUMAR,
S/O GURUBASAPPA,
AGED ABOUT 43 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
BIDAR TALUK, BIDAR DISTRICT 585 401.
4. VEERABHADRAPPA,
S/O BASAVARAJ,
AGED ABOUT 44 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
BHALKI TALUK, BIDAR DISTRICT 585 328.
5. SHIVASHARANAPPA,
S/O CHANABASAPPA,
AGED ABOUT 40 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
HUMNABAD TALUK,
BIDAR DISTRICT 585 329.
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NC: 2023:KHC:38553-DB
WA No. 201 of 2023
AND WA No.1172 of 2023
6. RAJENDRA,
S/O DEVAPPA,
AGED ABOUT 45 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
AURAD TALUK, BIDAR DISTRICT 585 326.
7. SURESH,
S/O MAHANTHAPPA,
AGED ABOUT 36 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
SINDHANUR TALUK,
RAICHUR DISTRICT 584 128.
8. RUDRAMUNI,
S/O GANGADHARAYYA,
AGED ABOUT 32 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
LINGASUGUR TALUK,
RAICHUR DISTRICT 584 122.
9. VEERABHARAYYA,
S/O KARIVEERAYYA,
AGED ABOUT 39 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
MASKI TALUK, RAICHUR DISTRICT 584 124.
10. VIRUPAXAYYA,
S/O SHAMBHULINGAYYA,
AGED ABOUT 43 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
MANVI TALUK, RAICHUR DISTRICT 584 123.
11. SHIVAKUMARA,
S/O RUDRAYYA HIREMATH,
AGED ABOUT 36 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
JEWARGI TALUK, GULBARGA DISTRICT 585 310.
12. SOLABANNA GOWDA,
S/O SHANTHA GOWDA,
AGED ABOUT 41 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
SHAHAPURA TALUK, YADGIRI DISTRICT 585 223.
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WA No. 201 of 2023
AND WA No.1172 of 2023
13. MAHESH Y NAYAK,
C/O RAMACHANDRA SHIVAPPA BELYAL,
AGED ABOUT 37 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
HUBLI TALUK, DHARWAD DISTRICT 580 024.
14. MANJUNATH DHARWAD,
S/O PHAKIRAPPA,
AGED ABOUT 37 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
DHARWAD TALUK, DHARWAD DISTRICT-580 001.
15. BHAMINI K N,
D/O NIGAPPA,
AGED ABOUT 29 YEARS,
WORKING AS TALUK MOJINI OPERATOR
SORABA TALUK, SHIVAMOGGA DISTRICT-577 429.
16. SALEEM S/O SYED HANEEF,
AGED ABOUT 33 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
RAICHUR TALUK, RAICHUR DISTRICT-584 101.
17. BABU S/O SALEEM
AGED ABOUT 37 YEARS,
WORKING AS TALUK MOJINI OPERATOR
DEVADURGA TALUK,
RAICHUR DISTRICT-584 113.
18. LAXMI S PUJAR,
D/O SHIVAPPA,
AGED ABOUT 32 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
RAMDURGA TALUK,
BELGAUM DISTRICT-591 123.
19. MANJUNATHA N,
S/O NANJUNDASWAMY,
AGED ABOUT 43 YEARS,
WORKING AS TALUK MOJINI OPERATOR
CHAMARAJANAGARA TALUK,
CHAMARAJANAGARA DISTRICT-571 313.
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NC: 2023:KHC:38553-DB
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AND WA No.1172 of 2023
20. LINGESH S/O GANESHA,
AGED ABOUT 43 YEARS,
WORKING AS TALUK MOJINI OPERATOR
MYSURU TALUK,
MYSURU DISTRICT-570 001.
21. DEVARAJU H N S/O LINGAIAH,
AGED ABOUT 38 YEARS,
WORKING AS TALUK MOJINI OPERATOR
NANJANGUDU TALUK,
MYSURU DISTRICT-571 301.
22. N.RENUKESHWARA S/O NAGARAJAIAH,
AGED ABOUT 36 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
RAMANAGARA TALUK,
BENGALURU DISTRICT-560 076.
23. GANGARAJU D M S/O MUNIYAPPA,
AGED ABOUT 37 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
DODDABALLAPURA TALUK,
DODDABALLAPURA DISTRICT-561 203.
24. ASHIF AHMMAD MULLA
S/O MAKTUM HUSSAIN,
AGED ABOUT 33 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
SHIRAHATTI TALUK,
GADAG DISTRICT-582 101.
25. DEVARAJU J S/O JAVAREGOWDA,
AGED ABOUT 36 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
ARAKALAGUDU TALUK,
HASSAN DISTRICT-573 102.
26. SHIVANAND AMEIGER S/O LAKKAPPA,
AGED ABOUT 42 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
KUNDGOL TALUK,
DHARWAD DISTRICT-581 113.
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NC: 2023:KHC:38553-DB
WA No. 201 of 2023
AND WA No.1172 of 2023
27. A.B.CHIDANANDA,
S/O BASAVARAJAPPA,
AGED ABOUT 48 YEARS,
WORKING AS TALUK MOJINI OPERATOR
ARASIKERE TALUK,
HASSAN DISTRICT-573 112.
28. RANJITH KUMAR,
S/O VASANTA SAPAL,
AGED ABOUT 38 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
BELTHANGADI TALUK,
DAKSHINA KANNADA DISTRICT-574 214.
29. CHARAN RAJ,
S/O VAMANA POOJARI,
AGED ABOUT 38 YEARS,
WORKING AS TALUK MOJINI OPERATOR,
MANGALUR TALUK,
MANGALUR DISTRICT-574 219.
30. IMAM SAB
S/O MAKTUMASAB MORABAD,
AGED 34 YARS,
WORKING AS TALUK MOJINI OPERATOR,
RAJUGANDHI NAGAR GADAG,
NEAR MASID ROAD TALUK,
GADAG DISTRICT-582 101.
31. ASHOK KUMAR P,
S/O MANKU,
AGED ABOUT 38 YEARS,
WORING AS TALUK MOJINI OPERATOR,
BANTWAL TALUK,
MANGALURU DISTRICT 571 415.
32. KARTHIK BABU G M,
S/O MARI GOWDA,
AGED ABOUT 38 YEARS,
WORING AS TALUK MOJINI OPERATOR,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT 571 415.
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WA No. 201 of 2023
AND WA No.1172 of 2023
33. CHELUVARAJ C B,
S/O BUDDEGOWDA,
AGED ABOUT 39 YEARS,
WORING AS TALUK MOJINI OPERATOR,
NAGAMANGALA TALUK,
MANDYA DISTRICT 571 432.
34. C SOMAPRAKASH
S/O R CHIRISTADAS
AGED ABOUT 51 YEARS
WORING AS TALUK MOJINI OPERATOR,
ALUR TALUK, HASSAN DISTRICT 573 201.
35. PARVATHIISHWAR MANGROOL,
S/O ESHWAR,
AGED ABOUT 43 YEARS,
WORING AS TALUK MOJINI OPERATOR,
KANAKAVADI TALUK,
BAGALKOT DISTRICT 587 719.
36. KRISHNAMURTHY M C,
S/O CHIKKEGOWDA,
AGED ABOUT 52 YEARS,
WORING AS TALUK MOJINI OPERATOR,
CHANANRIAPATTA TALUK,
HASSAN DISTRICT 573 211.
37. DEVANDRA S/O KRISHNEGOWDA,
AGED 44 YEARS,
WORING AS TALUK MOJINI OPERATOR,
HOLENARASIPURA TALUK,
HASSAN 573 210.
38. SEEMAN S/O LT ARJUN,
AGED ABOUT 34 YEARS,
CHITTGUPA TALUK,
BIDAR 585 402.
39. SHANKARAPPA S/O MARIBASAPPA,
AGED ABOUT 38 YEARS,
WORING AS TALUK MOJINI OPERATOR,
NARAGUNDA TALUK, GADAG 582 207.
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WA No. 201 of 2023
AND WA No.1172 of 2023
40. ANIL KUMAR R,
S/O RAMAKRISHNAPPA,
AGED 34 YEARS,
WORING AS TALUK MOJINI OPERATOR,
ANEKAL TALUK, ANEKAL 562 106.
41. AKHILA ENTERPRISES,
BARAMAPPA NAGARA, 2ND CROSS,
SHIVAMOGGA 577 402.
42. GEMINI SECURITY SERVICES
DAVANAGERE 577 002.
43. SHUBAM ENTERPRISES IT PARK
HUBLI 580 024.
44. BHUVANESHWARAI MAHILA
VIDHA VUDDESHA SANGHA
HUKKERI, BELGAUM DISTRICT 590 001.
45. KEONICS,
SHANTHINAGARA, K H ROAD,
BENGALURU 560 027.
46. GUTTI ASAVESHWAR MAN POWER AGENCY
TALIKOTE, YADAGIRI 585 201.
47. PARICYAYA COMPUTERS,
MANJAPPA COMPLEX,
TIPTUR HASSAN ROAD,
GANDSI HAND POST,
ARASIKERE TALUK 573 103.
48. SPARTHAN INFO SOLUTIONS
KUVEMPUNAGAR,
MYSURU-570023.
49. HINDUSTAN SECURITY SERVICES
CHAMARAJANAGAR-571 313.
50. PUROHIT COMPUTERS AND IT SERVICES
GULBARGA 585 101.
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AND WA No.1172 of 2023
51. BIDAR ZILLAR KARMIKA SEVEGALA
VIVIDODDESHA SAHAKARA SANGHA,
NIYAMITA D C OFFICE,
BIDAR-585401.
52. C B SECURITY AGENCIES
MANGALURU 575 001.
53. GLOBAL AGENCIES,
INDIA DEDUCTIVE SECURITY FORCE,
CHIKKAMAGALURU DISTRICT 577 101.
54. M K BELVADI CONSTRACTERS RAILWAY
BSNL AND STATE GOVT. DEPT.
BELLARY DISTRICT 583 101.
55. SHRI NARADAMUNI SEVA SAMITI
DAVANAGERE 577 002.
56. CHAMARAJ ODEYAR MAN POWER AGENCIES
MULBAGILU,
CHIKKABALLAPURA DISTRICT 563 131.
57. SKY LINE ENTERPRISES,
BUS STAND ROAD,
HAVERI 581 110.
58. OLEKAR WELFARE SOCIETY
KOPPAL DISTRICT 583 231.
59. GLOBAL MAN POWER AGENCY
DAVANAGERE 577 002.
...RESPONDENTS
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO a) SET-ASIDE THE PORTION OF
THE ORDER IN REJECTING PARA NO.14 OF THE RESPONDENTS
FOR RECOVERY OF SUM OF RS.1,28,46,780.89/- IN WRIT
PETITION NOS. 41934/2017 C/W 46390/2017 AND b) PASS
ANY SUCH OTHER ORDER/s.
THESE APPEALS COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE DELIVERED THE FOLLOWING:
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WA No. 201 of 2023
AND WA No.1172 of 2023
JUDGMENT
This intra-court appeals by the State seeks to lay a challenge to a learned Single Judge's common order dated 17.2.2022 entered in W.P.No.41934/2017 (S-RES) C/w W.P.No.46390/2017 (S-RES). In these petitions, the respondent-employees had put in challenge the Official Memoranda dated 6.9.2017 & 7.9.2017 whereby, their services were dispensed with. They had also sought for a direction for regularization of their service. However, the learned Single Judge in his discretion restrained the appellant-State from recovering the salaries paid to the employees in terms of interim order, pendente lite.
2. Learned AGA appearing for the State submits that whatever amount that has been paid by way of salary was pursuant to interim order in the subject Writ Petitions, that too under the threat of contempt proceedings in CCC Nos.1971-2003/2017; if the Writ Petitions are dismissed, there was no justification for the learned Single Judge to preclude the appellant 'from initiating any recovery of any
- 31 -
NC: 2023:KHC:38553-DB WA No. 201 of 2023 AND WA No.1172 of 2023 amount that is paid during the pendency of these proceedings'. He hastens to add that in certain cases, payment has been made though some of the employees had not put in any service after they were sent home.
3. Having heard the learned AGA for the State and having perused the Appeal Papers, we are not inclined to interfere in the matter inasmuch as during the pendency of the subject Writ Petitions, interim directions were issued to continue the services of the respondent-employees and therefore, the final order precluding the State from recovering the wages paid for the services rendered, accords with doctrine against begar enacted in Article 23 of the Constitution of India. The Apex Court in STATE OF GUJARAT vs. HON'BLE HIGH COURT OF GUJARAT (1998) 7 SCC 392 had directed the State to make payment of wages even to the serving convicts in the gaol by banking upon this constitutional injunction. An argument to the contrary offends the idea of 'salary for the sweat' and therefore, cannot be countenanced. An
- 32 -
NC: 2023:KHC:38553-DB WA No. 201 of 2023 AND WA No.1172 of 2023 argument that once the substantive relief is denied to a litigant, in no case, relief of ancillary kind can be granted, is too broad a proposition which the facts of the case do not warrant invocation.
4. The second submission that some of the employees had not worked during the pendency of the Writ Petitions and to them too, payment has been made and therefore, at least that be permitted to be recovered, also does not impress us. Firstly, no material particulars of such employees have been furnished in the pleadings; secondly, if at all payment has been made to such employees, what action is being taken against the officials who did make payment, is also not forthcoming from the pleadings; thirdly, such a contention does not appear to have been put forth before the learned Single Judge. Therefore, we cannot be called upon to examine this aspect of the matter in vacuum.
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NC: 2023:KHC:38553-DB WA No. 201 of 2023 AND WA No.1172 of 2023 In the above circumstances, these appeals being devoid of merits, fail, costs having been made easy.
Registry to send a copy of this order by Speed Post to the first respondent namely the Karnataka State Taluk Mojini Operators (Land Survey Department) Welfare Association.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE Snb, List No.: 1 Sl No.: 17