Partly allowed

Smt. Mahadevi D/O. Basavaraj Saradar Alias Mahadevi W/O. Subhas Tigadi v. the State of Karnataka

Karnataka HC4 Aug 2023WP/101750/2022

Case brief

AI extract

What is this about?

This judgment dismisses a review petition regarding a tempted appointment decision but allows a writ petition quashing domicile cancelations due to lack of hearing. The court orders a fresh hearing by the Tahasildar while holding the original petitioner's employment status pending outcome, another candidate's file pending.

What did the court decide?

Order in favor of respondent No.6 revived if Tahasildar cancels certificates. Parties directed to file objections before Tahasildar on 17.08.2023 and hearing to conclude by 17.09.2023.

Smt. Mahadevi D/O. Basavaraj Saradar Alias Mahadevi… — Service and Employment | Karnataka HC (2023)

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NC: 2023:KHC-D:8382 RP No. 100078 of 2022 C/W WP No. 101750 of 2022, WP No. 101904 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 4^TH DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA

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REVIEW PETITION NO. 100078 OF 2022

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C/W

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WRIT PETITION NO. 101750 OF 2022, WRIT PETITION NO. 101904 OF 2022

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IN R.P. No.100078 OF 2022:

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BETWEEN:

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1 . SMT MAHADEVI D/O BASAVARAJ SARADAR ALIAS MAHADEVI W/O SUBHAS TIGADI AGED 34 YEARS,

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VISHAL NINGAPPA PATTIHAL

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Digitally signed by VISHAL NINGAPPA PATTIHAL Date: 2023.08.10 15:17:50 +0530

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OCC. ANGANAWADI WORKER, AT WARD NO. 10, IN KALLOLLI VILLAGE, R/O WARD NO. 10, KALLOLLI VILLAGE, TALUK MUDALAGI,

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DIST. BELAGAVI-591312

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(By Sri. H M DHARIGOND ADVOCATE)

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AND

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...PETITIONER

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1 . GOVERNMENT OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY DEPARTMENT OF WOMEN AND CHILD WELFARE DEVELOPMENT M.S. BUILDING BENGALURU-560001

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NC: 2023:KHC-D:8382 RP No. 100078 of 2022 C/W WP No. 101750 of 2022, WP No. 101904 of 2022

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2 . THE DEPUTY DIRECTOR DEPARTMENT OF WOMEN AND CHILD WELFARE DEVELOPMENT BELAGAVI-590001

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3 . THE CHILD DEVELOPMENT PROJECT OFFICER DEPARTMENT OF WOMEN AND CHILD WELFARE DEVELOPMENT BELAGAVI-590001

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4 . SMT RATNAVVA W/O GURUNATH SADLI AGED 35 YEARS, OCC HOUSE HOLD WORK, R/O KALLOLLI VILLAGE, TLAUK. MUDALAGI, DIST. BELAGAVI-591312

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…RESPONDENTS

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(BY SRI.VIJAY S.KALSOORMATH, AGA FOR R-1 TO R-3; SMT.PALLAVI S. PACHCHAPURE, FOR SRI.SRINAND A.PACHCHAPURE, ADV., FOR C/R-4 )

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THIS REVIEW PETITION FILED UNDER ORDER 47 RULE 1 OF CPC, PRAYING TO ALLOW THE REVIEW PETITION AND REVIEW THE ORDER DATED 14.03.2022 PASSED IN WP No.100902 OF 2022 PASSED BY THIS HONBLE COURT IN THE INTEREST OF JUSTICE AND EQUITY.

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IN W.P. No.101750 OF 2022:

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BETWEEN:

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1 . SMT. MAHADEVI, D/O. BASAVARAJ SARADAR ALIAS MAHADEVI W/O. SUBHAS TIGADI AGED 34 YEARS, OCC. ANGANAWADI WORKER, AT WARD NO.10 IN KALLOLLI VILLAGE, R/O. WARD NO.10, KALLOLLI VILLAGE,

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NC: 2023:KHC-D:8382 RP No. 100078 of 2022 C/W WP No. 101750 of 2022, WP No. 101904 of 2022

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TALUK. MUDALAGI, DISTRICT. BELAGAVI-591312

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...PETITIONER

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(By Sri.H M DHARIGOND, ADVOCATE)

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AND:

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1 . THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF WOMAN AND CHILD WELFARE M S BUILDING, BENGALURU-560001

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2 . THE DEPUTY COMMISSIONER AND PRESIDENT, SELECTION COMMITTEE, BELAGAVI DISTRICT, BELAGAVI-590 001

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3 . THE ASSISTANT COMMISSIONER, BAILHONGAL SUB-DIVISION, BAILHONGAL,

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DIST. BELAGAVI-591312

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4 . THE DEPUTY DIRECTOR, DEPARTMENT OF WOMAN AND CHILD WELFARE, DEVELOPMENT BELAGAVI-590001

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5 . THE CHILD DEVELOPMENT PROJECT OFFICER, DEPARTMENT OF WOMAN AND CHILD DEVELOPMENT, BELAGAVI-590001

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6 . SMT. RATNAVVA W/O. GURUNATH SADLI AGED 35 YEARS, OCC. HOUSEHOLD WORK, R/O. KALLOLLI VILLAGE, TALUK. MUDALAGI, DISTRICT. BELAGAVI-591312

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7 . SMT. MEENAKSHI APPANNAVAR AGED MAJOR,

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NC: 2023:KHC-D:8382 RP No. 100078 of 2022 C/W WP No. 101750 of 2022, WP No. 101904 of 2022

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OCC. ANGANAWADI (I/C) R/O. WARD NO.10, KALLOLLI VILLAGE, TALUK. MUDALAGI, DIST. BELAGAVI-591312

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…RESPONDENTS

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(BY SRI.VIJAY.S.KALSOORMATH, AGA FOR R-1 TO R-5; SMT.PALLAVI.S.PACHCHAPURE, ADV., FOR R-6; R-7 SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED:00.02.2022 PASSED BY THE 3^RD RESPONDENT UNDER No.ATLG/JA.P.PATRA/CR-03/202122/3998 VIDE ANNEXURE-Q AND ORDER DATED 11-03-2022 PASSED BY THE 5^TH RESPONDENT UNDER No.CAAYOA/ANKAK/PRA.VYA/2021-22/449 VIDE ANNEXURE-R, ETC.

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IN W.P. No.101904 OF 2022:

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BETWEEN:

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1 . RATNAVVA W/O GURUNATH SADLI AGE 35 YEARS, OCC HOUSEHOLD WORK R/O KALLOLI VILLAGE, TAL MUDALAGI, DIST BELAGAVI-591312.

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...PETITIONER

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(BY SMT.PALLAVI.S.PACHHAPURE ADVOCATE)

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AND

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1 . GOVERNMENT OF KARNATAKA REP. BY ITS CHIEF SECRETARY, DEPARTMENT OF WOMEN AND CHILD WELFARE, M.S.BUILDING, BENGALURU-560001.

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2 . THE DEPUTY DIRECTOR

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NC: 2023:KHC-D:8382 RP No. 100078 of 2022 C/W WP No. 101750 of 2022, WP No. 101904 of 2022

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DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, BELAGAVI-590001.

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3 . THE CHILD DEVELOPMENT PROJECT OFFICER DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, BELAGAVI-590001.

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4 . SMT. MAHADEVI BASAVARAJ SARADAR ALIAS MAHADEVI SUBHAS TIGADI AGE 30 YEARS, OCC HOUSEHOLD WORK, R/O KALLOLI VILLAGE, TAL MUDALAGI, DIST BELAGAVI-591312.

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…RESPONDENTS

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(BY SRI.VIJAY S.KALSOORMATH, AGA FOR R-1 TO R-3; SRI.H.M.DHARIGOND, ADV., FOR R-4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING ORDER BEARING NO.UNIBE.MMAE.ANKAK.GOUSEGU.2022-23/206 DATED 13/05/2022 PASSED BY THE 2ND RESPONDENT MARKED AT ANNEXURE-A, ETC.

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THESE PETITIONS, COMING ON FOR HEARING , THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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ORDER

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On 14.03.2022, the writ petition (W.P.

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No.100902 of 2022) filed by the Ratnavva came to be disposed of directing the Deputy Director, Department of Women and Child Development, and the Child Development Project Officer to consider the case of

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NC: 2023:KHC-D:8382 RP No. 100078 of 2022 C/W WP No. 101750 of 2022, WP No. 101904 of 2022

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Ratnavva for appointment as an Anganwadi Worker in the place of the fourth respondent, whose appointment has

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been suspended.

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In the said writ petition, it was noticed that the Assistant Commissioner had cancelled the Residential Certificate which had been issued in favour of Sri Mahadevi Basavaraj Sardar (respondent No.4 in the said writ petition) and the same was also followed by an order dated 11.03.2022 by which the appointment issued in favour respondent No.4 was ordered to be kept in abeyance and an in-charge arrangement was ordered to be made.

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This Court took the view that in view of the cancellation of the Domicile Certificate and the order of appointment being kept in abeyance, the eligibility of Mahadevi Basavaraj Saradar was in serious doubt. It was also noticed that she had claimed appointment as a widow

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NC: 2023:KHC-D:8382 RP No. 100078 of 2022 C/W WP No. 101750 of 2022, WP No. 101904 of 2022

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and therefore, had been appointed as she had a preferential right for consideration.

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This Court noticed that if her appointment was in doubt, the next eligible candidate would have to be considered for appointment, which was Ratnavva, who was physically disabled.

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However, Mahadevi Basavaraj Saradar has filed this Review Petition on the ground that notice to her had been dispensed with and the writ petition was disposed off and this was an error which was apparent on the face of the record, as a result of which, the order was to be reviewed.

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In this review, in order to obtain the factual situation regarding the Domicile Certificate issued by the State in her favour, the Government was called upon to file an affidavit and accordingly, an affidavit has been filed.

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NC: 2023:KHC-D:8382 RP No. 100078 of 2022 C/W WP No. 101750 of 2022, WP No. 101904 of 2022

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In para 4 of the said affidavit, it has been

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stated as follows :-

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“ 4. I humbly submit that, after going through the documents and proceedings and also the prayer sought by the petitioners, I respectfully submit that, notification came to be issued calling upon to fill up the vacant post of Anganwadi Workers dated: 03.09.2020. To the said notification, the petitioner as well as contesting respondent along with others have applied. The petitioner i.e., Smt. Mahadevi Tigadi applied to the said post on 14.09.2020 enclosing the domicile certificate of ward No. 10 bearing RD No.0039297408775. Pursuant to the notification having been issued and after receiving all the applications from the concerned applicant, a provisional list came to be published on 02.07.2021 by showing the petitioner based on eligibility and also widow category. To the said provisional list One Smt. Ratnavva Gurunath Sedli (Petitioner in W.P No. 101904/2022) filed objections to the said provisional list producing necessary documents stating that the domicile certificate submitted by the petitioner was invalid. The copy of the

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NC: 2023:KHC-D:8382 RP No. 100078 of 2022 C/W WP No. 101750 of 2022, WP No. 101904 of 2022

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objection and documents are herewith produced and marked as Document No.1 . Taking note of the same, the petitioner herein once again submitted another domicile certificate bearing RD No. 0039297449305 dated 13.07.2021. The Copy of the domicile certificate is herewith produced and marked as Document No.2 . Taking note of the same the selection committee issued final selection list appointing the petitioner on 07.01.2022. After issuance of appointment order to the petitioner, but in the meanwhile the Tahasildar Mudalagi has cancelled the domicile certificate issued on 13.07.2021 bearing RD No.0039297449305 on 27.01.2022 and the same was communicated to the higher officers. The copy of the cancellation order dated 27.01.2022 along with report submitted by the Revenue Authority is herewith produced and marked as Document No.3 . ”

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As could be seen from the above, it is clear that

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the Domicile Certificate dated 14.09.2020 bearing RD No.003929-7408775 had been cancelled under the communication dated 02.01.2021, which is also produced

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NC: 2023:KHC-D:8382 RP No. 100078 of 2022 C/W WP No. 101750 of 2022, WP No. 101904 of 2022

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along with the affidavit. In fact, this communication, though addressed to the husband of Ratnavva, contains a note to Mahadevi Basavaraj Sardar, which reads as follows:

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“��: �� , ��: �� 10�� ¥À�� : ��003929-7408775 �� . �� /�� .”

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It is, thus, clear that this Domicile Certificate

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dated 14.09.2020 was cancelled as per the communication dated 02.01.2021.

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It is also noticed that pursuant to the objections filed to the provisional list, the review petitioner— Mahadevi Basavaraj Sardar produced a second Domicile Certificate dated 13.07.2021 bearing RD No.003929-

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NC: 2023:KHC-D:8382 RP No. 100078 of 2022 C/W WP No. 101750 of 2022, WP No. 101904 of 2022

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Along with the affidavit, the order by which this Domicile Certificate has, admittedly, been cancelled has also been produced by the petitioner as Annexure-Q in the writ petition filed by her. Thus, the fact remains that both the Domicile Certificates issued to her were cancelled.

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In view of the fact that both the Domicile Certificates were cancelled, the order, by which the Deputy Director of Child Development Officer and the Child Development Project Officer were directed to consider the case of Ratnavva, cannot be found fault with.

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It is only if the Domicile Certificates issued to the petitioner was still subsisting, can the petitioner contend that there was an error apparent on the face of the record which necessitated a review of the said order. Since the affidavit now filed by the State affirms the fact that both the Domicile Certificates issued to the petitioner

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were cancelled, there is no error apparent on the face of the record.

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NC: 2023:KHC-D:8382 RP No. 100078 of 2022 C/W WP No. 101750 of 2022, WP No. 101904 of 2022

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The Review Petition is accordingly dismissed .

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In W.P. No.101750/2022:

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The petitioner—Mahadevi Basavaraj Saradar has filed this petition challenging the orders passed at Annexures ‘Q’ and ‘R’ by which the Domicile Certificate bearing No.RD003929-7449305 was cancelled.

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The petitioner has also challenged the consequential order by which Meenakshi Appannavar i.e., respondent No.7 herein, was appointed temporarily.

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During the pendency of this writ petition, an application has also been filed seeking to challenge the order dated 02.01.2021 (Annexure ‘V’) by which the earlier Domicile Certificate issued in favour of the petitioner was also cancelled.

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In the interregnum, Ratnavva—respondent No.6 had filed Writ Petition No.100902 of 2022 and that writ petition was disposed of directing the respondents therein

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NC: 2023:KHC-D:8382 RP No. 100078 of 2022 C/W WP No. 101750 of 2022, WP No. 101904 of 2022

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to consider the case of Ratnavva for being appointed as Anganawadi worker in place of the petitioner, whose appointment has been suspended by virtue of the cancellation of the Domicile Certificates.

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A perusal of the order, by which the Domicile Certificate has been cancelled, indicates that the petitioner was not heard in the matter before the order of cancellation was passed. It is thus clear that the orders cancelling the Domicile Certificate were in contravention with the fundamental principles of natural justice and the same cannot be sustained.

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As a result, the impugned orders at Annexures ‘Q’, ‘R’ and ‘V’ shall stand quashed.

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The Tahasildar, who had issued the Domicile Certificates, shall consider the objections that the petitioner would file within a period of ten days from today and after hearing the petitioner and then pass an appropriate order regarding the Domicile Certificates.

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NC: 2023:KHC-D:8382 RP No. 100078 of 2022 C/W WP No. 101750 of 2022, WP No. 101904 of 2022

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If the Tahasildar were to come to the conclusion that the Domicile Certificates issued by him were improper and proceeds to uphold his earlier order of cancellation, the employment of the petitioner shall come to an end forthwith and the order passed in favour of respondent No.6 shall stand revived.

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The writ petition is accordingly allowed .

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Since the parties are present before this Court and are represented, they are directed to appear before the Tahasildar, Mudalagi on 17.08.2023 and file objections.

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The Tahasildar shall hear the parties and pass an appropriate order regarding the Domicile Certificates on or before 17.09.2023 .

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It is made clear that respondent No.6 shall also be entitled to participate in the proceedings of Tahasildar, Mudalagi.

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NC: 2023:KHC-D:8382 RP No. 100078 of 2022 C/W WP No. 101750 of 2022, WP No. 101904 of 2022

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Till this entire exercise is completed, the petitioner shall be entitled to continue the work as an Anganawadi worker.

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If the Tahasildar passes an order of

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cancellation, obviously, her employment would cease and the order in favour of respondent No.6 shall stand revived as stated earlier.

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IN W.P. No.101904/2022 :

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In view of the order passed in W.P. No.101750 of 2022, the prayer sought for in W.P. No.101904 of 2022 would not survive for consideration and the writ petition is accordingly disposed of .

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Sd/JUDGE

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SN/ RK/CT: SN List No.: 19 Sl No.: 1

Smt. Mahadevi D/O. Basavaraj Saradar Alias Mahadevi W/O. Subhas Tigadi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt. Mahadevi D/O. Basavaraj Saradar Alias Mahadevi W/O. Subhas Tigadi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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