Muttappa @ Mutturaj S/O. Sangappa ... vs The Superintendent Of Police on 9 April, 2018

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Karnataka High Court

Muttappa @ Mutturaj S/O. Sangappa ... vs The Superintendent Of Police on 9 April, 2018

Bench: Krishna S.Dixit

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           IN THE HIGH COURT OF KARNATAKA
                     DHARWAD BENCH

       DATED THIS THE 9TH DAY OF APRIL 2018

                          BEFORE

       THE HON'BLE MR.JUSTICE KRISHNA S.DIXIT

     WRIT PETITION NO.100987 of 2018(S-RES)

BETWEEN

MUTTAPPA @ MUTTURAJ, S/O. SANGAPPA GARASANGI,
AGE:59 YEARS, OCC:PSI,
R/O. TRAFFIC POLICE STATION,
BAGALKOTE, DIST:BAGALKOTE.
                                            ... PETITIONER
(BY SRI.NAGANGOUDA R. KUPPELUR, ADV.)

AND

1.    THE SUPERINTENDENT OF POLICE,
      DISTRICT BAGALKOTE,
      NAVANAGAR, BAGALKOTE.

2.    THE INSPECTOR GENERAL OF POLICE,
      DEPARTMENT OF INSPECTOR GENERAL OF POLICE,
      NORTH RANGE, BELAGAVI.

3.    THE MUNICIPAL COMMISSIONER,
      CITY MUNICIPAL CORPORATION,
      DISTRICT BAGALKOTE,
      NAVANAGAR, BAGALKOTE.
                                             ... RESPONDENTS
(BY SRI.ANTHONY R.RODRIGUES, AGA)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUITION OF INDIA PRAYING TO:-
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A) QUASH THE IMPUGNED ENDORSEMENTS DATED:23.12.2006
BEARING NO.SIBHANDDI -1/CR-311/06 AND 16.09.2014   BEARING
NO.SIBBANDI-1/CR-300A/14 ISSUED BY THE 1ST RESPONDENT AS
PER ANNEXURES-G AND K.


B) ISSUE A WRIT OF MANDAMUS TO THE RESPONDENTS TO
CONSIDER THE CLAIM OF THE PETITIONER IN RESPECT OF THE
CORRECTION OF HIS DATE OF BIRTH AS 27.08.1959 INSTEAD OF
01.05.1958.


     THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY THE COURT MADE THE FOLLOWING:-


                          ORDER

Heard the learned counsel for the petitioner and learned Additional Government Advocate.

2. The petitioner who is aged 59 years i.e. on the verge of retirement has approached this Court seeking rectification of his date of birth in the service register maintained by the jurisdictional respondents herein.

3. It is a settled legal position by catena of decisions of this Court and of the Apex Court that a 3 .

person at the verge of retirement cannot seek alteration of his birth date in the Service Register so as to seek benefit of service on that basis. Therefore, prima facie there is no merit in this writ petition and accordingly same stands dismissed.

Sd/-

JUDGE Hmb

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Karnataka High Court