Disposed¶34

Sri Vijaya v. the Under Secretary

Karnataka HC18 Sept 2025WP/26765/2025

Case brief

AI extract

What is this about?

Maintainability of writ petition; service matters; civil posts; Karnataka State Administrative Tribunal as appropriate forum; L. Chandra Kumar v. Union of India (1997) 3 SCC 261 relied on; Articles 226 and 227 Constitution of India; writ petition disposed with liberty to approach appropriate legal forum; challenge to Govt. Order No.Na AA EEE 22/DMK 2023 dated 06-06-2025 (Annexure-K); HC-KAR NC: 2025:KHC:37415; Justice H.T. Narendra Prasad; decided 18-09-2025.

What did the court decide?

Liberty reserved to the petitioners to approach the appropriate legal forum, if law permits; Registry directed to return the original or certified copies of documents to the petitioners after retaining photocopies for record purpose. ¶34

Sri Vijaya Vs the Under Secretary — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

¶34

Issue for consideration

Whether the writ petition is maintainable before the writ court, given that the petitioners hold civil posts and the grievance relates to service conditions, so that they must approach the Karnataka State Administrative Tribunal.

¶29

Court's answer

The grievance in respect of 'service matters' cannot be a subject matter of adjudication at the hands of a writ Court as the court of first instance, in the light of the Apex Court decision in L. Chandra Kumar v. Union of India, (1997) 3 SCC 261.

¶31

Ratio / Principle

In view of the above, the writ petition is disposed of, with liberty reserved to the petitioners to approach the appropriate legal forum, if law permits.

¶34

Detailed headnote1 paragraphs

Writ Petition No.26765/2025 (S-RES) filed under Articles 226 and 227 of the Constitution of India by two serving municipal officers (Municipal Commissioner, City Municipal Council Nanjangud, and Joint Director, Mysuru City Corporation) seeking to quash Government Order No.Na AA EEE 22/DMK 2023 dated 06-06-2025 (Annexure-K) passed by the first respondent. At preliminary hearing, the learned AGA raised a preliminary objection on maintainability: the petitioners hold civil posts and the issue concerns service conditions, so they must approach the Karnataka State Administrative Tribunal. Relying on L. Chandra Kumar v. Union of India, (1997) 3 SCC 261, the Court held that grievances in respect of 'service matters' cannot be adjudicated by a writ Court as the court of first instance, and disposed of the writ petition with liberty reserved to the petitioners to approach the appropriate legal forum, if law permits. The Registry was directed to return original or certified copies of documents to the petitioners after retaining photocopies for record.

¶1

¶2

NC: 2025:KHC:37415 WP No. 26765 of 2025

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF SEPTEMBER, 2025 BEFORE

¶5

THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO.26765/2025 (S-RES)

¶6

BETWEEN:

¶7

SRI. VIJAYA S/O LATE BASAVAIAH AGED ABOUT 55 YEARS WORKING AS MUNICIPAL COMMISSIONER CITY MUNICIPAL COUNCIL NANJANGUD 571301.

¶8

Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA

¶9

SRI. K. KRISHNA NAIK AGED ABOUT 54 YEARS S/O KALINGA NAIK WORKING AS JOINT DIRECTOR MYSURU CITY CORPORATION MYSURU 5700010.

¶10

…PETITIONERS

¶11

(BY SRI. RAJA L, ADV.,)

¶12

AND:

¶13

THE UNDER SECRETARY GOVT. OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT 4TH FLOOR, VIKASA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU 560001.

¶14

THE DIRECTOR MUNICIPAL ADMINISTRATION V.V.TOWER, 9TH FLOOR

¶15

2 - NC: 2025:KHC:37415 WP No. 26765 of 2025

¶16

HC-KAR

¶17

DR. B.R. AMBEDKAR VEEDHI BENGALURU 560001.

¶18

THE COMMISSIONER CITY MUNICIPAL COUNCIL CHAMARAJANAGARA CHAMARAJANAGARA DISTRICT-571313.

¶19

THE DEPUTY DIRECTOR LOCAL AUDIT CIRCLE STATE ACCOUNTS DISTRICT ADMINISTRATIVE BUILDING 3RD FLOOR, D.C.OFFICE CHAMARAJANAGARA TOWN CHAMARAJANAGARA 571313.

¶20

…RESPONDENTS

¶21

(BY SRI. B.J. ESWARAPPA, AGA FOR R1, R2 & R4)

¶22

THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE FIRST RESPONDENT VIDE GOVT. ORDER NO.NA AA EEE 22/DMK 2023, BENGALURU DATED 06-06-2025, THE COPY OF THE NOTICE SAME IS PRODUCED HEREWITH AND MARKED AS ANNEXURE-K, IN THE INTEREST OF JUSTICE AND EQUITY & ETC.

¶23

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶24

CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

¶25

3 - NC: 2025:KHC:37415 WP No. 26765 of 2025

¶26

HC-KAR

¶27

ORAL ORDER

¶28

At the outset, learned AGA raised a preliminary

¶29

objection regarding maintainability of the writ petition on the ground that the petitioners are holding civil posts and the issue is with regard to the service conditions and therefore, they have to approach the Karnataka State Administrative Tribunal.

¶30

The grievance in respect of the ‘service matters’

¶31

cannot be a subject matter of adjudication at the hands of a writ Court, as the court of first instance, in the light of the decision of the Apex Court in the case

¶32

of L.Chandra Kumar vs. Union of India and others

¶33

reported in (1997) 3 SCC 261.

¶34

In view of the above, the writ petition is disposed of , with liberty reserved to the petitioners to approach the appropriate legal forum, if law permits.

¶35

¶36

NC: 2025:KHC:37415 WP No. 26765 of 2025

¶37

HC-KAR

¶38

4. Registry is directed to return the original or

¶39

certified copies of the documents, if any, to the petitioners, after retaining the photocopies of the

¶40

same for record purpose.

¶41