High CourtsSingle Bench(2023) 07 KAR CK 0026

Chandrappa Basappa Harijana vs Principal Secretary To The Govt. Of Karnataka, Rural Development & Panchayath Raj, M.S. ,Building, Ambedkar Veedhi, Bengaluru-560001 & Others

Karnataka High Court · Decided on 19 July 2023

HON’BLE JUDGES
S.Vishwajith Shetty, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 3615 Of 2022 (S-RES)

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

12 paragraphs · 408 words

S. Vishwajith Shetty, J

1.

In this writ petition, the petitioner has sought for the following reliefs:

"1. Issue Writ, Order or direction in the nature of certiorari quashing the Resolution dated 28.12.2021 passed by the 5th Respondent Grama Panchayat vide Annexure-E and the Order bearing No. Gra.Pa.Sha/kaA/2021-22, dated 28.12.2021 passed by the Respondent No.4 & 5 vide Annexure-F.

2.

Issue Writ, Order or direction in the nature of ceriorari quashing the Order passed by the 2nd Respondent bearing No. HaJiPam/Adalitha-1/ Kanoonu/ GP-Staff/APPL/Vahi-10/2020-21 dated 20.04.2021 passed by the 2nd Respondent vide Annexure-D in so far as the observation made by the 2nd Respondent by considering the Appeal as the complaint.

3.

Issue Writ, Order or direction in the nature of mandamus declaring that the Resolution passed by the Grama Panchayath, Shadaguppi on 23.10.2019 on Subject No.5 vide Annexure-C is binding on all the Respondents.

4.

Issue Writ, Order or direction in the nature of mandamus directing the Respondents to consider the continuous service rendered by the Petitioner as per the detailed service condition mentioned by the Respondent No.4 & 5 for the purpose of further monetary benefits, seniority and other service conditions notwithstanding the impugned Resolution dated 23.10.2019 passed by the 5th Respondent vide Annexure-C in the interest of justice and equity.

5.

To pass such other orders or directions as this Hon'ble court deems fit in the facts and circumstances of the case including an order as to the cost of this Writ Petition, in the interest of justice and equity."

2.

Heard the learned counsel appearing for the petitioner and the learned AGA appearing for respondent No.1.

3.

Learned counsel appearing for the petitioner after arguing the matter for some time submits that the petitioner intends to avail the alternative remedy as provided under Section 113(4) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 and therefore he prays that the writ petition may be dismissed as not pressed with liberty to avail the alternative remedy.

4.

The submission is placed on record. The writ petition is dismissed as withdrawn with liberty as prayed for.

5.

All contentions urged by the parties to this writ petition are left open.

6.

In the event the petitioner avails the alternative remedy as sought for, before the competent authority within a period of two weeks from the date of receipt of certified copy of this order, the same shall be considered by the competent authority on its merits.