Sri. a Rajkumar @ Babu Vs the Commissioner — Writ and Judicial Review | Karnataka HC (2026)

Sri. a Rajkumar @ Babu Vs the Commissioner — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Writ petition allowed; certiorari issued quashing respondent No.2's order No. SA:KA:NI:A(MAUV)C.O./03/2017-18 dated 11.10.2017 (Annexure-B) and the Karnataka Appellate Tribunal's dismissal of Appeal No.1176 dated 06.04.2018 (Annexure-A); matter remitted to respondent No.2 for fresh consideration; petitioner to appear before respondent No.2 on 18.02.2026 at 2:30 PM without further notice; original documents to be returned by the registry per due procedure.

Issue for consideration

Whether the order dated 11.10.2017 passed by respondent No.2 (Annexure-B) and the dismissal dated 06.04.2018 of Appeal No.1176 by the Hon'ble Karnataka Appellate Tribunal (Annexure-A), both passed essentially on account of the petitioner not having produced original documents, should be quashed now that the petitioner has produced the original documents.

Court's answer

Since the petitioner has now produced the original documents, they would have to be considered by the respondents and necessary orders passed thereon on merits.

Ratio / Principle

A certiorari is issued and the order bearing No. SA:KA:NI:A(MAUV)C.O./03/2017-18 dated 11.10.2017 passed by respondent No.2 (Annexure-B) is quashed.

Key takeaways

The order dated 06.04.2018 of the Hon'ble Karnataka Appellate Tribunal at Bangalore dismissing Appeal No.1176 (Annexure-A) is likewise quashed.ratio¶38
The matter is remitted to respondent No.2 for fresh consideration.ratio¶39
The petitioner shall appear before respondent No.2 on 18.02.2026 at 2:30 PM (as recorded at para 46) without requirement of any further notice.ratio

Detailed headnote1 paragraphs

WP (LB-BMP) No. 21221 of 2018 (High Court of Karnataka, Bengaluru; Suraj Govindaraj J.; 04.02.2026): The petitioner sought certiorari under Articles 226 and 227 of the Constitution of India against (i) the order dated 11.10.2017 bearing No. SA:KA:NI:A(MAUV)C.O./03/2017-18 passed by respondent No.2, Assistant Executive Engineer, BBMP (Annexure-B), and (ii) the order dated 06.04.2018 dismissing Appeal No.1176 passed by the Hon'ble Karnataka Appellate Tribunal at Bangalore (Annexure-A). Both orders had been essentially passed because the petitioner had not produced original documents. The petitioner subsequently produced the originals before the Court vide memo dated 25.11.2025. Holding that the originals now produced would have to be considered by the respondents and necessary orders passed on merits, the Court allowed the petition, issued certiorari quashing both orders, remitted the matter to respondent No.2 for fresh consideration, directed the petitioner to appear before respondent No.2 on 18.02.2026 at 2:30 PM without further notice, and directed the registry to return the original documents filed by the petitioner following due procedure.

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NC: 2026:KHC:6970 WP No. 21221 of 2018

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 21221 OF 2018 (LB-BMP)

BETWEEN:

SRI. A RAJKUMAR @ BABU AGED ABOUT 36 YEARS S/O. LATE. ANNAIYAPPA, R/AT. NO.9, OPP: FIRE STATION, KAIKONDARAHALLI, SARJAPURA ROAD, BANGALORE - 560035.

…PETITIONER

(BY SRI. S. KALYAN BASAVARAJ., ADVOCATE)

AND:

THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE - 560002.

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BANGALORE MAHANAGARA PALIKE, MAHADAEVAPURA SUB-DIVISION, WARD NO.150 - BELLANDRU, BANGALORE - 560048.

…RESPONDENTS

(BY SRI. AMIT DESHPANDE., ADVOCATE FOR R1 & R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER PASSED BY THE 2ND RESPONDENT, DATED 11.10.2017 (PRODUCED AT ANNEXURE-B) AND CONSEQUENTLY THE ORDER OF THE DISMISSAL OF THE APPEAL DATED 06.04.2018 PASSED BY THE HON'BLE KARNATAKA

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APPELLATE TRIBUNAL AT BANGALORE IN APPEAL NO.1176, (PRODUCED AT ANNEXURE-A) AND ETC.

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

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

The petitioner is before this Court seeking for the following reliefs;

a. Issue a writ of certiorari to quash the order passed by the 2nd Respondent, dated 11.10.2017 bearing No. SA:KA:NI:A(MAUV)C.O./03/2017-18, (produced at Annexure-B); and consequently the order of the dismissal of the Appeal dated 06.04.2018 passed by the Hon'ble Karnataka Appellate Tribunal at Bangalore in Appeal No.1176, (produced at Annexure-A);

b. Pass any other order or direction as this Hon'ble Court may deem fit to grant in the circumstances of the case in the interest of justice and equity.

The impugned order dated 11.10.2017 at AnnexureB and order dated 06.04.2018 in Appeal at Annexure-A had been essentially passed on account of the petitioner not having produced the original documents. The petitioner has produced the original

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NC: 2026:KHC:6970 WP No. 21221 of 2018

HC-KAR

documents before this Court vide its memo dated 25.11.2025.

In that view of the matter, I am of the considered opinion that the original documents now having been produced, it would have to be considered by respondents and necessary orders passed thereon on merits. As such, I pass the following;

ORDER

i. The writ petition is allowed .

ii. A certiorari is issued, order bearing No. SA:KA:NI:A(MAUV)C.O./03/2017-18 order passed dated 11.10.2017 passed by respondent No.2 at Annexure-B and order dated 06.04.2018 passed by the Hon'ble Karnataka Appellate Tribunal at Bangalore in Appeal No.1176 at Annexure-A are hereby quashed.

iii. The matter is remitted to respondent No.2 for fresh consideration.

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iv. The original documents filed by the petitioner

are directed to be returned by the registry by following due procedure.

v. The petitioner shall appear before respondent No.2 without requirement of any further notice

on 18.02.2026 at 2:30 PM.

SD/(SURAJ GOVINDARAJ) JUDGE

SR List No.: 1 Sl No.: 6