Smt Preethi Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Smt Preethi Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

1 - NC: 2025:KHC:35683 WP No. 16618 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 16618 OF 2024 (S-RES)

BETWEEN:

SMT PREETHI

W/O K P SRIDHAR AGED ABOUT 37 YEARS

KUM VANDANA D/O K P SRIDHAR

AGED ABOUT 16 YEARS

Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA

MASTER KUSHAL S/O K P SRIDHAR AGED ABOUT 12 YEARS PETITIONER NOS. 2 & 3 ARE MINORS REP. BY THEIR NATURAL GUARDIAN AND MOTHER PETITIONER 1 R/AT NO 7A/644 3RD CROSS, RAJEEVANAGARA KOLLEGALA TOWN CHAMARJA NAGARA 571440

…PETITIONERS

(BY SRI.S C BIRADAR., ADVOCATE)

AND:

STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M S BUILDING, AMBEDKAR VEEDHI BANGALORE 560001.

THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE

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HC-KAR

CHAMARAJA NAGARA DISTRICT CHAMRAJA NAGARA 571313

TAHASILDAR AND EXECUTIVE MAGISTRATE KOLLEGALA TALUK OFFICE KOLLEGALA PIN 571440.

NODAL OFFICERS

HRMS REVENUE DEPARTMENT GATE NO 3, 5TH FLOOR M S BUILDING, BANGLAORE 560001.

K P SRIDHAR

S/O LATE PUTTABASAVAIAH AGED ABOUT 40 YEARS R/AT KATTAVADI VILLAGE YELLANDURU TALUK CHAMARAJANAGARA DISTRICT 571441

NOW WORKING AT HANUR TALUK OFFICE HANUR,CHAMARAJANAGARA -571439

…RESPONDENTS (BY SRI.SIDHARTH BABU RAO, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS, OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION, DIRECT TO RESPONDENT-5 TO COMPLY THE ORDER MENTIONED IN ANNEXURE E DATED:11.12.2019 AND TO PAY MAINTENANCE ARREARS AS ON ANNEXURE-G DATED: 09.09.2021, ANNEXURE-H DATED: 21.06.2021, ANNEXURE-J DATED: 10.06.2022, ANNEXURE-K DATED: 15.06.2023, ANNEXURE-L DATED: 29.02.2024 PASSED BY THE HONBLE CIVIL JUDGE AND JMFC AT KOLLEGALA AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

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ORAL ORDER

1. In this writ petition, the petitioners have sought for the following reliefs:

a. Issue a Writ of Mandamus, or any other appropriate writ order or direction for Direction to Respondent-5 to comply with the maintenance order as per the Annexure-E dated 11-12-2019 and to pay the maintenance arrears as on Annexure-G dated 09.09.2021, Annexure-H dated 21-06-2021, Annexure-J dated 10-062022, Annexure-K dated 15-6-2023, Annexure-L. dated 29.02.2024 passed by the Hon'ble Principal Civil Judge and JMFC at Kollegala.

b. Direction to Respondent No.2 to 4 to update the HRMS system to deduct the 1/3 salary and pay to petitioner bank account through HRMS system as per the order of Annexure-G. dated 09.09.2021.

c. Direction to Respondent No. 5 to pay arrears balance maintenance amount of Rs.8, 66,500/-.

Petitioners in this petition are seeking for

execution of the orders passed by the Principal Civil

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HC-KAR

Judge and JMFC, Kollegala at Annexures-E to

Annexure-L.

However, the petitioners have an alternative and efficacious remedy of filing an execution petition before the competent Executing Court. Hence, the present writ petition is not maintainable

Accordingly, the writ petition is dismissed.

Sd/(H.T. NARENDRA PRASAD) JUDGE

DM

LIST NO.: 1 SL NO.: 2