Sri Harikrishna H N v. The State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 4778 OF 2022 (S-RES) BETWEEN: SRI. HARIKRISHNA H N S/O SRI, NARALINGAPPA H N, AGED ABOUT 29 YEARS, HALEHALLI VILLAGE, HALEHALLI POST, GOWRIBIDANUR TALUK, CHICKBALLAPUR DISTRICT - 561 211. …PETITIONER (BY SRI. A. NAGARAJAPPA, ADVOCATE) AND:

¶1THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ, KARNATAKA GOVERNMENT SECRETATIRAT, MULTISTOREYED BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001.

¶2THE COMMISSIONER /DIRECTOR PANCHAYATHRAJ INSTITUTIONS, OFFICE OF THE COMMISSIONER FOR PANCHAYATH RAJ INSTITUTIONS, K G ROAD, BANGALORE - 560 001.

¶3THE CHIEF EXECUTIVE OFFICER by SHARADAVANI B Location: High Court of Karnataka e -e2e-eeeee e e NC:(2026:KHC:23455 WP(No.(4778(of(2022 OieTHEeZILLAePANCHAYATHe CHICKBALLAPUR,e CHICKBALLAPUReDISTRICTe-e562e101.e

4.e THEeEXECUTIVEeOiiICEReOiee THEeTALUKePANCHAYATHe GOWRIBIDANUReTALUK,e CHICKBALLAPUReDISTRICTe-e561e208.e

5.e THEePANCHAYATHeDEVELOPMENTeOiiICERe HALEHALLIeGRAMAePANCHAYATH,e GOWRIBIDANUReTALUK,e CHICKBALLAPUReDISTRICTe-e561e211.e …RESPONDENTSe (BYeSRI.eG.eRAMESHeNAIK,eAGAeiOReR1eANDeR2;e SRI.eM.S.eDEVARAJU,eADVOCATEeiOReR3eANDeR5;e R4e-eSERVED)e e THISeWPeISeiILEDeUNDEReARTICLESe226eANDe227eOieTHEe CONSTITUTIONeOieINDIAePRAYINGeTOeQUASHeCOMMUNICATIONe DATEDe 6.12.2021e ISSUEDe BYe THEe R5e MARKEDe ATe ANNEXURE-He DIRECTe THEe RESPONDENTSe TOe CONSIDERe THEe REPRESENTATIONSeATeANNEXURE-C,eC1,eC2,eC3,eC4,eC5,eC6,eC7,e C8,e C9,e C10,e C11,e C12,e C13,e C14,e C16e iORe APPOINTMENTe PETITIONEReASePERMANENTeBILLeCOLLECTOReINeTHEeR5eGRAMAe PANCHAYATHeANDeTOePAYeTHEeARREARSeOieSALARYeANDeETC.,e e THISe PETITION,e COMINGe ONe iORe ORDERS,e THISe DAY,e ORDEReWASeMADEeTHEREINeASeUNDER:e CORAM:e HON'BLEeMR.eJUSTICEeS.R.KRISHNAeKUMAR

ORAL ORDER In this petition, the petitioner has sought for the following reliefs: "i) Issue an order or direction or writ in the nature of writ of certiorari quashing communication dated

6.12.2021 issued by the 5th Respondent marked at Annexure-H in No.Aa.Gra.Pum/Ta.Ka.Va-01/2021-21; il) Issue an or order or direction or writ in the nature of writ of mandamus directing the Respondents to consider the representations at Annexure-C, C1, C2, C3,C4, C5, C6, C7, C8, C9, C10, C11, C12, C13, C14, C15 & C16 for appointment Petitioner as permanent Bill Collector in the 5th Respondent-Grama Panchayath and to pay the arrears of salary; and

iii) Issue any order or orders as deems fit and proper in the circumstances of the case, including the cost of the proceedings."

¶2Heard learned counsel for the petitioner and learned AGA for respondent Nos.1 and 2, learned counsel for respondent Nos.3 and 5 and perused the material on record.

¶3Learned counsel for the petitioner submits that apart from the fact that the respondent did not provide sufficient or reasonable opportunity to the petitioner prior to issuing the

impugned communication at Annexure - H dated 06.12.2021 rejecting the claim of the petitioner, the petitioner has certain additional representation and documents, which he intends to produce before respondent No.5, who may be directed to reconsider the representations at Annexures - C, C1, C2, C3,C4, C5, C6, C7, C8, C9, C10, C11, C12, C13, C14, C15 & C16 in accordance with law within a stipulated time frame by setting aside the impugned communication and remitting the matter back to respondent No.5 for reconsideration afresh in accordance with law.

¶4Per contra, learned counsel for the respondents submits that there is no merit in the petition and the same is liable to be dismissed.

¶5A perusal of the material on record will indicate that the application dated 01.09.2021 has been rejected by the respondents without providing sufficient or reasonable opportunity to the petitioner and without considering the representations at Annexures C, C1 to C16 submitted by the petitioner. Under these circumstances, in the light of the specific assertion on the part of the petitioner that if one more opportunity is provided, the petitioner would submit additional representation and documents, I deem it

just and appropriate to set aside the impugned communication at Annexure - H and remit the matter back to the respondent No.5 for reconsideration afresh in accordance with law by issuing certain directions.

¶6In the result, I pass the following:- ORDER

(i) Petition is hereby allowed.

(ii) The impugned communication dated 06.12.2021 issued by respondent No.5 at Annexure H is hereby set aside.

(iii) The matter is remitted back to respondent No.5 for reconsideration afresh in accordance with law.

(iv) Petitioner shall appear before respondent No.5 on

18.05.2026.

(v) Liberty is reserved in favour of the petitioner to produce additional representation and documents, which shall be considered by the respondents, who shall reconsider the representation submitted by the petitioner and provide sufficient and reasonable opportunity and take e -e6e-eeeee e e NC:(2026:KHC:23455 WP(No.(4778(of(2022 appropriatee decisions/passe appropriatee orderse withine threeemonthsefrome18.05.2026.eee Sd/-e (S.R.KRISHNAeKUMAR)e JUDGEe BHe:eListeNo.:e1eSleNo.:e37e