Disposed

Sri R Ashwathappa v. the State of Karnataka

Karnataka HC9 Nov 2023WP/3897/2020

Case brief

AI extract

What is this about?

This writ petition challenging an order dismissing a dispute over unfilled posts was disposed of on preliminary hearing. The court permitted the petitioner to make a representation to the concerned society to consider the case in accordance with law.

What did the court decide?

Petitioner permitted to make a representation to Respondent No.4 within two weeks; Respondent No.4 to consider the same within four weeks.

Sri R Ashwathappa Vs the State of Karnataka — Service and Employment | Karnataka HC (2023)

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1 - NC: 2023:KHC:40342 WP No. 3897 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF NOVEMBER, 2023 BEFORE

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THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 3897 OF 2020 (CS-RES)

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BETWEEN:

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SRI. R. ASHWATHAPPA, S/O R. RAMAPPA, AGED 43 YEARS, BESTHENAHALLI, KAMADHENAHALLI POST, KOLAR TALUK AND DISTRICT - 563 101.

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…PETITIONER

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(BY SRI. RAGUPATHY K, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF INDUSTRIES AND ANIMAL HUSBANDRY

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Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA

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VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BANGALORE - 560 001.

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THE REGISTRAR OF CO-OPERATIVE SOCIETIES, (INDUSTRIES AND ANIMAL HUSBANDRY) OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1 ALI ASKAR ROAD, BANGALORE - 560 052.

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THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, (INDUSTRIES AND ANIMAL HUSBANDRY)

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2 - NC: 2023:KHC:40342 WP No. 3897 of 2020

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OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, BANGALORE - 560 052.

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KOLAR CHIKKABALLAPUR DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., KOLAR DAIRY, NH-4, HUTHUR POST, KOLAR - 563 102, REPRESENTED BY ITS MANAGING DIRECTOR.

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SRI. D. C. SANDEEP, S/O D. N. CHINNAPPA REDDY, AGED ABOUT 31 YEARS, PRESENTLY WORKING AS DAIRY SUPERVISOR (GRADE II), KOLAR CHIKKABALLAPUR DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., KOLAR DAIRY, NH-4, HUTHUR POST, KOLAR - 563 102.

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…RESPONDENTS

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(BY SRI. SIDDHARATH BABU RAO, AGA FOR R1 TO R3, SRI. HEMANTH RAJ, ADVOCATE FOR R4; SRI. VIJAYA SIMHA REDDY D.V, ADVOCATE FOR R5)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 11.02.2019 PASSED BY THE R-3 IN DISMISSING THE DISPUTE (PRODUCED AS ANNX-T) AND TO CONSEQUENTLY ALLOW THE DISPUTE AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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NC: 2023:KHC:40342 WP No. 3897 of 2020

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ORDER

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Learned AGA for respondent No.1 to 3, learned counsel for the respondent No.4 and learned counsel for the respondent No.5 are present.

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Learned counsel for the respondent No.4 has

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filed the statement of objections and the same is taken on record.

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Learned counsel for the petitioner submits that

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the respondent No.4 at paragraph Nos.3 and 4 of the statement of objections has placed on record that the respondent No.4 has filled only 8 posts of Diary Supervisor (Grade II) as against the notified posts of 12 and that respondent No.4 shall consider the case of the petitioner in accordance with law.

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Learned counsel for the petitioner submits that in view of the statements made by respondent No.4 at paragraph Nos.3 and 4 of the statement of objections, the Writ Petition could be disposed of by granting liberty to the

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NC: 2023:KHC:40342 WP No. 3897 of 2020

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petitioner to approach the respondent No.4 and that if such a request is made, the respondent No.4 shall consider the case of the petitioner in accordance with law.

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In view of the aforementioned submissions, the present Writ Petition is disposed of by permitting the petitioner to make a representation to the respondent No.4, within two weeks from today. If such representation is made, respondent No.4 shall consider the same in accordance with law, within a period of four weeks from the date of receipt of the request made by the petitioner.

Ordered accordingly.

SD/JUDGE

List No.: 1 Sl No.: 50 CT: BHK

Sri R Ashwathappa v. the State of Karnataka

Case brief

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Sri R Ashwathappa v. the State of Karnataka

Case brief

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