Sri Shashidhara (Y Shashidhara) Vs the State of… — Writ and Judicial Review | Karnataka HC (2026)

Sri Shashidhara (Y Shashidhara) Vs the State of… — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Respondent No.1 directed to consider the petitioner's representations (Annexures-F, D1, D3), pass an appropriate order after affording the petitioner an opportunity of being heard, and communicate the order in writing with detailed reasoning within 3 months from receipt of the certified copy of the order.

Issue for consideration

Whether Respondent No.1 (State of Karnataka) should be directed to consider the petitioner's representations dated 28.07.2021, 23.11.2021 and 03.08.2021 (Annexures-F, D1, D3) for payment of remuneration of Rs.16,83,286/- with interest.

Court's answer

The writ petition is disposed of with directions; Respondent No.1 is directed to consider the representations made by the petitioner as per Annexures-F, D1 and D3.

Ratio / Principle

Respondent No.1 shall pass an appropriate order, if required after providing the petitioner an opportunity of being heard.

Key takeaways

The order is to be communicated in writing to the petitioner with detailed reasoning within an outer limit of 3 months from the date of receipt of the certified copy of the order.ratio¶44
The Government proceedings recommending Rs.35,000/- (plus Rs.5,000/- conveyance) for the period 01.06.2018 to 24.06.2021 do not indicate the basis on which the sum of Rs.35,000/- was arrived at.ratio¶34
No reply or objections were filed by the respondent to the claim made by the petitioner.

Detailed headnote1 paragraphs

Writ Petition (GM-RES) under Articles 226 and 227 of the Constitution of India by Shashidhara (Y. Shashidhara), advocate, who claims to have served as District Government Pleader, Udupi district, praying for a direction to Respondent No.1 (State of Karnataka, Law Department) to consider his representations dated 28.07.2021, 23.11.2021 and 03.08.2021 (Annexures-F, D1, D3) for payment of remuneration of Rs.14,72,000/- (Annexure-D) and Rs.2,11,286/- towards clerk-cum-typist, dalayath and stationery expenses — in all Rs.16,83,286/- — with interest. Only about Rs.72,000/- had been paid. Government proceedings furnished by the learned HCGP recommended only Rs.35,000/- plus Rs.5,000/- conveyance for 01.06.2018 to 24.06.2021 without indicating the basis of computation, and no reply or objections were filed by the respondent. Disposing of the petition, the Court (M.G.S. Kamal, J.) directed Respondent No.1 to consider the representations, pass an appropriate order after affording the petitioner an opportunity of being heard, and communicate the reasoned order in writing within three months of receipt of the certified copy.

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NC: 2026:KHC:33992 WP No. 11345 of 2022

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF JULY, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 11345 OF 2022 (GM-RES)

BETWEEN:

SRI. SHASHIDHARA (Y. SHASHIDHARA) S/O PURUSHOTHAMA KOTIAN, AGED ABOUT 63 YEARS, ADVOCATE NEAR THENKA GARADI GIRIYAPPA POOJARI HOUSE, POST YERMAL, KAUP TALUK UDUPI DISTRICT - 574 118.

…PETITIONER

(BY SRI. NAGARAJAPPA A, ADVOCATE)

AND:

Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA

THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY LAW DEPARTMENT, KARNATAKA GOVERNMENT SECRETARIAT, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI BANGALORE - 560 001.

THE OFFICE OF THE ADVOCATE GENERAL IN KARNATAKA, HIGH COURT BUILDING, HIGH COURT - 560 001 REPRESENTED BY ITS ADMINISTRATIVE OFFICER.

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NC: 2026:KHC:33992 WP No. 11345 of 2022

HC-KAR

THE DEPUTY COMMISSIONER UDUPI DISTRICT UDUPI - 574 118.

THE ACCOUNTANT GENERAL IN KARNATAKA(A AND E) P.B. NO.5369 RESIDENCY PARK ROAD BENGALURU - 560 001.

…RESPONDENTS

(BY SRI. SRINIVAS KUMAR M, HCGP FOR R1)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TODIRECTING THE RESPONDENTS STATE-RESPONDENT NO.1 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DTD 28.07.2021 VIDE ANEXURE-F, 23.11.2021 AT ANENXURE-D1 , 03.8.2021 AT ANENXURE-D3 FOR PAYMENT OF REMUNERATION OF RS.14,72,000/PAYABLE TO BE PETITIONER AS PER ANNEXURE-D AND ALSO THE CLAIM IN RESPECT OF PAYMENT OF REMUNERATION PAYABLE TO CLERK CUM-TYPIST AND DALAYATH AND STATIONERY EXPENSES ETCRS. 2,11,286/- AT ANNEXURE-D1, D2 AND D3 RESPECTIVELY IN ALL RS.16,83,286/- WITH INTEREST.

THIS PETITION, COMING ON FOR PRELIMINARY

HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

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NC: 2026:KHC:33992 WP No. 11345 of 2022

HC-KAR

ORAL ORDER

Petitioner who claims to have rendered his service as the District Government pleader of Udupi district had made representations dated 28.07.2021, 23.11.2021 and 03.08.2021, as per Annexures-F, D1 and D3, seeking payment of his remuneration in a sum of Rs. 16,83,286/- as detailed in Annexures- D, D1, D2 and D3.

Learned counsel for the petitioner submits that as against the said claim he has been paid only about Rs.72,000/and the respondents have not considered the claim of the petitioner for the remaining amount.

Learned HCGP furnishes a copy of Government proceedings pertaining to the claim of the petitioner made in respect of retainer fee.

Perusal of the said proceedings would indicate that,

he has been recommended to be paid Rs.35,000/- and Rs.5,000/- towards conveyance for the period between 01.06.2018 to 24.06.2021. The said proceedings do not indicate the basis on which the said sum of Rs.35,000/- has been arrived at, that too for a period between 01.06.2018 to

24.06.2021.

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NC: 2026:KHC:33992 WP No. 11345 of 2022

HC-KAR

No reply or objections have been filed by the

respondent to the claim being made by the petitioner.

In that view of the matter, the writ petition is

disposed of with following directions:

(i) Respondent No.1 is directed to consider the representations made by the petitioner as per Annexures-F, D1 and D3.

(ii) Respondent No.1 shall pass appropriate, if required after providing opportunity to the petitioner of being heard and communicate the order in writing to the petitioner with detailed reasoning thereof within an outer limit of 3 months from the date of receipt of certified copy of this order.

(M.G.S. KAMAL) JUDGE

SPV

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