Dismissed

Balachandra v. the State of Karnataka

Karnataka HC14 Aug 2020WP/8958/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition seeking release of the fifth respondent from the post of Chief Officer of Virajpet Town Grama Panchayath. The bench held that determining the Chief Officer is not for the writ court and service PILs are not entertained.

What did the court decide?

The writ petition was disposed of with no relief granted as the High Court decided it is not for the writ court to decide who should be the Chief Officer of a Town Panchayath.

Balachandra Vs the State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF AUGUST, 2020

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PRESENT

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THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE

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AND

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THE HON’BLE MR.JUSTICE ASHOK S. KINAGI

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WRIT PETITION No.8958 OF 2020 (S-RES-PIL)

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BETWEEN:

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BALACHANDRA S/O RAJAVELU AGED ABOUT 39 YEARS PRESENTLY R/AT NO. 315/11 4^TH CROSS, PALACE GUTTAHALLI BENGALURU - 560 003.

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...PETITIONER

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(BY SRI. DILRAJ ROHIT SEQUEIRA, ADVOCATE (ABSENT))

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA BENGALURU - 560 001.

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THE SECRETARY TO GOVERNEMNT OF KARNATAKA DEPARTMENT OF PUBLIC WORKS (PWD DEPARTMENT) VIDHANA SOUDHA BENGALURU - 560 001.

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THE DIRECTOR OF MUNICIPAL ADMINSTRATION, 9^TH FLOOR VISVESHWARAIAH TOWERS

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DR. AMBEDKAR ROAD, BENGALURU - 560 001.

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THE CHIEF OFFICER TOWN PANCHAYATH VIRAJPET TLAUK KODAGU DISTRICT

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SRI. SRIDHAR A M MAJOR BY AGE FATHER NAME NOT KNOWN TO THE PETITIONER FIRST DIVSIION ASSISTANT WORKING AS CHIEF OFFICER TOWN PANCHAYATH, VIRAJPET KODAGU DISTRICT.

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….RESPONDENTS

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(BY SRI. VIJAYA KUMAR A PATIL, AGA FOR R-1 TO R-3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1 TO R-4 AS PER THE ORDER DATED 23.07.2019 ISSUED BY R-3 VIDE ANNEXURE-A TO ENFORCE THE SAID ORDER AND RELEASE R-5 FROM THE POST OF CHIEF OFFICER OF VIRAJPET TOWN GRAMA PANCHAYATH IMMEDIATELY. ETC.

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THIS WRIT PETITION COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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ORDER

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On the basis of the request made by the counsel for the petitioner, the petition was listed on 10^th August, 2020. On that day, the counsel for the petitioner was absent. Therefore, the petition was adjourned till today and the Registrar (Judicial) was directed to send an intimation of the date fixed to the counsel for the petitioner. Accordingly, the intimation of the date has been sent by e-mail to the counsel for the petitioner on 11^th August 2020. Even today, the counsel for the petitioner has chosen to remain absent.

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The only substantive prayer in this petition filed under Article 226 of the Constitution of India is to release the fifth respondent from the post of Chief Officer of Virajpet Town Grama Panchayath.

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Apart from the fact that a public interest litigation in service matters cannot be entertained, it is not for writ Court to decide who should be the Chief Officer of a Town Panchayath. Hence, no relief can be

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granted in this petition and accordingly, the writ petition is accordingly disposed of.

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Sd/CHIEF JUSTICE

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Sd/JUDGE

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Balachandra v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Balachandra v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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