Dismissed¶68

D Prakash v. State of Karnataka

Karnataka HC11 Nov 2025WP/50951/2016

Case brief

AI extract

What is this about?

Government servant; alternative remedy; exhaustion of remedy; competent Tribunal; L. Chandra Kumar v. Union of India; AIR 1997 SC 1125; Articles 226 and 227; maintainability of writ petition; administrative order; Deputy Commissioner; District Sand Monitoring Task Force Committee; sand monitoring; Davanagere; Revenue Inspector; dismissal of writ petition; Karnataka High Court.

What did the court decide?

In view of the Constitution Bench judgment in L. Chandra Kumar v. Union of India, the petitioner, claiming to be a Government servant, has to exhaust remedy by approaching the competent Tribunal. ¶67

D Prakash Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:45765 WP No. 50951 of 2016

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.50951 OF 2016 (GM-RES)

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BETWEEN:

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D. PRAKASH S/O C.H. DEVENDRAPPA, AGED ABOUT 42 YEARS WORKING AS REVENUE INSPECTOR IN THE OFFICE OF TAHSILDAR, HARIHAR TALUK, DAVANAGERE DISTIRCT SINCE THE FORENOON OF 19-07-2013 R/AT NO.51O/3, SHIVAKUMAR SWAMY EXTENSION, 1ST STAGE,2ND MAIN,2ND CROSS, DAVANAGERE-577 005

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Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA

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(BY SMT. ANKITA PATIL, ADVOCATE FOR SRI. RAHAMATHULLA KOTHWAL, ADVOCATE)

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…PETITIONER

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AND:

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STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M S BUILDINGS, BENGALURU-560001.

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2 - NC: 2025:KHC:45765 WP No. 50951 of 2016

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HC-KAR

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THE REGIONAL COMMISSIONER DEPARTMENT OF REVENUE, KANDAYA BHAVAN, KEMPEGOWDA ROAD, BENGALURU-560 001.

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THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT, DAVANAGERE-577 005.

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THE ASSISTANT COMMISSIONER DAVANAGERE SUB-DIVISION, DAVANAGERE-577 005.

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THE TAHSILDAR DAVANAGERE TALUK, DAVANAGERE-577 005.

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THE DISTRICT SAND MONITORING TASK FORCE COMMITTEE, DAVANAGERE DISTRICT, DAVANAGERE-577 005. REPRESENTED BY ITS CHAIRMAN THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT DAVANAGERE-577 005.

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THE SUB-DIVISIONAL SAND MONITORING TASK FORCE COMMITTEE, DAVANAGERE DISTRICT, DAVANAGERE-577 005.

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REPRESENTED BY ITS CHAIRMAN THE ASSISTANT COMMISSIONER,

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3 - NC: 2025:KHC:45765 WP No. 50951 of 2016

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HC-KAR

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DAVANAGERE SUB-DIVISION, DAVANAGERE-577 005.

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THE TALUKA SAND MONITORING TASK FORCE COMMITTEE, DAVANAGERE TALUK, DAVANAGERE-577 005.

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REPRESENTED BY ITS CHAIRMAN THE TAHSILDAR DAVANAGERE TALUK DAVANAGERE-577 005.

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THE DISTRICT SAND MONITORING TASK FORCE COMMITTEE, DAVANAGERE DISTRICT, DAVANAGERE-577 005 REPRESENTED BY ITS MEMBERS

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(a). THE DIRECTOR DEPARTMENT OF MINES & GEOLOGY, KHANIZA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.

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(b). THE DEPUTY DIRECTOR DEPARTMENT OF MINES & GEOLOGY, DAVANAGERE DISTRICT, DAVANAGERE 577 005.

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(c). THE PRINCIPAL SECRETARY KARNATAKA PUBLIC WORKS DEPARTMENT, KARNATAKA GOVERNMENT SECRETARIAT, 3^RD FLOOR, VIKASA SOUDHA, BENGALURU-560 001.

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NC: 2025:KHC:45765 WP No. 50951 of 2016

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HC-KAR

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(d). THE PRINCIPAL SECRETARY TO GOVERNMENT PUBLIC WORKS,PORTS & INLAND WATER TRANSPORT DEPARTMENT, BENGALURU-560 001.

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(e). THE EXECUTIVE ENGINEER KARNATAKA PUBLIC WORKS DEPARTMENT, DAVANAGERE DISTRICT, DAVANAGERE-577 005.

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(f). THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA PUBLIC WORKS DEPARTMENT, DAVANAGERE DISTRICT, DAVANAGERE-577 005.

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(g). THE ASSISTANT EXECUTIVE ENGINEER ZILLA PANCHAYATH DAVANAGERE DISTRICT, DAVANAGERE-577 005.

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(h). THE RANGE FOREST OFFICER DEVARAJ URS ROAD, BEHIND DISTRICT COURT, DAVANAGERE-577 005.

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(i). THE TALUK SOCIAL WELFARE OFFICER DEPARTMENT OF SOCIAL WELFARE DAVANAGERE DISTRICT, DAVANAGERE-577 005.

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(j). THE PUBLIC DEVELOPMENT OFFICER HADADI GRAMA PANCHAYATH, HADADI, DAVANAGERE DISTRICT,

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5 - NC: 2025:KHC:45765 WP No. 50951 of 2016

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HC-KAR

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DAVANAGERE-577 005.

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(k). THE PUBLIC DEVELOPMENT OFFICER KANAKAGONDANAHALLI PANCHAYATH, KANAKAGONDANAHALLI, DAVANAGERE DISTRICT, DAVANAGERE-577 005.

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THE STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY DEPARTMENT OF HOME, ROOM NO.222, 2^ND FLOOR, VIDHANA SOUDHA, BENGALURU - 560 001.

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME & INTERNAL AFFAIRS, ROOM NO.219, 2^ND FLOOR, VIDHANA SOUDHA, BENGALURU - 560 001.

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THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, NRUPATHUNGA ROAD, BENGALURU - 560 001.

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THE SUPERINTENDENT OF POLICE DAVANAGERE DISTRICT, DAVANAGERE - 577005.

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THE DEPUTY SUPERINTENDENT OF POLICE DAVANAGERE RURAL DIVISION, HADADI ROAD, DAVANAGERE-577 005.

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6 - NC: 2025:KHC:45765 WP No. 50951 of 2016

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HC-KAR

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THE CIRCLE INSPECTOR OF POLICE DAVANAGERE RURAL DIVISION, HADADI ROAD, DAVANAGERE-577 005.

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THE SUB-INSPECTOR OF POLICE HADADI POLICE STATION, HADADI DAVANAGERE DISTRICT.

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KARNATAKA LOKAYUKTA DR. B.R. AMBEDKAR ROAD, M.S. BUILDING BENGALURU - 560 001.

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…RESPONDENTS

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(BY SRI. MAHANTESH SHETTAR, AGA FOR R1 TO R16; SRI. B.S. PRASAD, ADVOCATE FOR R17)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ADMINISTRATIVE ORDER AT ITS SOFFIT PASSED BY THE RESPONDENT NO.3 - DEPUTY COMMISSIONER AND CHAIRMAN OF RESPONDENT NO.6 DATED 14.09.2016 VIDE ANNEXURE-E.

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

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NC: 2025:KHC:45765 WP No. 50951 of 2016

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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ORAL ORDER

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Heard learned counsel appearing for the parties.

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The petitioner claims to be a Government servant. In that view of the matter, in view of the Judgment of the Constitution Bench in the case of L. CHANDRA KUMAR Vs. UNION OF INDIA reported in AIR 1997 SC 1125, the petitioner has to exhaust remedy by approaching the competent Tribunal.

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In that view of the matter, the writ petition is dismissed.

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Sd/(E.S.INDIRESH) JUDGE

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sac

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List No.: 1 Sl No.: 23

D Prakash v. State of Karnataka

Case brief

What is this about?

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D Prakash v. State of Karnataka

Case brief

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