Disposed¶63

Sri. Niranjan Babu v. the Deputy Commissioner

Karnataka HC3 Jul 2026WP/28026/2018

Case brief

AI extract

What is this about?

Davanagere; committee constitution; Government Order 28.09.2011; Dr. B.R. Ambedkar Community Hall; Dr. Babu Jagjivan Ram Community Hall; Shri Maharshi Valmiki Bhavana; official memorandum dated 24.05.2017 and 03.10.2017; nomination of Sri. Niranjan Babu; deletion and insertion of Sri. Pakirappa Bettagiri; reconstitution of committee; 90-day outer limit; eligibility and consideration of representations; Article 226; Articles 226 and 227; writ petitions disposed; Karnataka High Court; M.G.S. Kamal.

What did the court decide?

Direction to the respondent-Deputy Commissioner to reconstitute the Committee within 90 days from receipt of the certified copy of the order and to consider the petitioners' representations if found eligible; the currently functioning Committee to continue until reconstitution. ¶63

Sri. Niranjan Babu Vs the Deputy Commissioner — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

¶63

Issue for consideration

Whether the constitution of the Committee by the Deputy Commissioner's official memorandum dated 24.05.2017 (nominating Sri. Niranjan Babu) and its subsequent alteration by official memorandum dated 03.10.2017 (deleting him and inserting Sri. Pakirappa Bettagiri) were validly carried out in accordance with the Government notification dated 28.09.2011. +1 more

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Court's answer

In view of the pendency of these matters for over eight years and the absence of any terms providing for the tenure of the Committee, the Court deemed it appropriate to direct the respondent-Deputy Commissioner to reconstitute the Committee and, if the petitioners are found eligible, to consider their representations.

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Ratio / Principle

The respondent-Deputy Commissioner was directed to carry out the reconstitution within an outer limit of 90 days from the date of receipt of the certified copy of the order, and until such time the Committee currently functioning shall continue.

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Key takeaways

The petitioners' representations were to be considered by the respondent-Deputy Commissioner if the petitioners are found eligible, as part of the reconstitution exercise.ratio¶61

Detailed headnote1 paragraphs

Karnataka High Court (M.G.S. Kamal, J.), order dated 03.07.2026 — Two connected writ petitions under Articles 226 and 227 of the Constitution (WP 28026/2018 by Sri. Niranjan Babu; WP 32844/2017 by Sri. Pakirappa Bettagiri) concerned the constitution of the committee, under Government Order dated 28.09.2011, for management, administration and maintenance of ''Dr. B.R. Ambedkar Community Hall'', ''Dr. Babu Jagjivan Ram Community Hall'' and ''Shri Maharshi Valmiki Bhavana'' at village/taluka/semi-urban areas. The Deputy Commissioner's official memorandum dated 24.05.2017 had nominated Sri. Niranjan Babu to the Committee; a subsequent memorandum dated 03.10.2017 deleted his name and inserted Sri. Pakirappa Bettagiri without consulting the nominated members. Noting pendency of over eight years and the absence of any terms providing for the tenure of the Committee, the Court directed the respondent-Deputy Commissioner to reconstitute the Committee within an outer limit of 90 days from receipt of the certified copy of the order and to consider the petitioners' representations if found eligible, the currently functioning Committee continuing meanwhile. Both petitions were disposed of. No precedent was cited or relied upon.

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NC: 2026:KHC:33273 WP No. 28026 of 2018 C/W WP No. 32844 of 2017

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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 3^RD DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 28026 OF 2018 (GM-RES)

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C/W

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WRIT PETITION NO. 32844 OF 2017 (GM-RES)

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IN WP No. 28026/2018

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BETWEEN:

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

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SRI. NIRANJAN BABU AGED ABOUT 53 YEARS S/O LATE HARISHCHANDRA T G SECRETARY, DAVANAGERE JILLA SRI SHIVA SHARANA SAMAGAR HARALAYYA HORATA SAMITI SC® R/AT NO.568, 3^RD MAIN, 14^TH CROSS,K.T.J.NAGARA, DAVANAGERE-577 002.

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…PETITIONER

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(BY SRI. S D N PRASAD.,ADVOCATE)

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AND:

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THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT, ZILLADALITHA BHAVANA, DAVANAGERE-577 006.

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THE COMMISSIONER MAHANAGAR PALIKE, DAVANAGERE CITY, DAVANAGERE-577 002.

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NC: 2026:KHC:33273 WP No. 28026 of 2018 C/W WP No. 32844 of 2017

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HC-KAR

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THE DEPUTY DIRECTOR SOCIAL WELFARE DEPARTMENT, DAVANAGERE DISTRICT DISTRICT BHAVAN, INDUSTRIAL AREA, DAVANAGERE-577 006.

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SRI RAMESH J VATAN AGED ABOUT 43 YEARS S/O JAYANNA ASST.SECRETARY, DAVANAGERE JILLA SRI SHIVA SHARANA SAMAGAR HARALAYYA HORATA SAMITI® R/AT NO.1306, 2^ND MAIN 7TH CROSS, K.T.J.NAGARA DAVANAGERE-577 002.

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SRI DHARMARAJA AGED ABOUT 50 YEARS S/O SADAPPA SATHPUTHE MEMBER, SRI SAMAGARA SAMAJA SEVA SAMITI® R/AT MAHATMA BASAVA BUDDHA BHEEMA NAGARA, LOKKIKERI ROAD, DAVANAGERE-577 005.

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SRI PAKIRAPPA BETAGERI AGED ABOUT 64 YEARS PRESIDENT, SAMAGAR HARALAYYA CHARMODYOGA SWA-SAHAYA SANGHA® S/O NINGAPPA BETAGERI DOOR NO.984/1, 1^ST MAIN, 2^ND CROSS, K.T.J.NAGARA DAVANAGERE-577 002.

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…RESPONDENTS (BY SRI. SRINIVAS KUMAR M., HCGP FOR R1-R3; V/O DATED 17.07.2018, SERVICE OF NOTICE TO R4 & R5 IS DISPENSED WITH; SRI. HARISH BHANDARY T., ADVOCATE FOR R6)

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NC: 2026:KHC:33273 WP No. 28026 of 2018 C/W WP No. 32844 of 2017

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HC-KAR

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED OFFICIAL MEMORANDUM DATED 03.10.2017 PASSED BY THE RESPONDENT NO.1 HEREIN, VIDE ANNEXUREC HEREIN.

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IN WP NO. 32844/2017

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BETWEEN:

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SRI. PAKIRAPPA BETTAGIRI S/O NINGAPPA BETTAGIRI PRESIDENT DAVANAGERE NAGARA SAMAGARA HARALAYYA CHARMODHYOGA SWASAHAYA SANGHA AGED ABOUT 63 YEARS DOOR NO.984/1 1^ST MAIN, 2^ND CROSS K T J NAGARA DAVANAGERE-577 002.

...PETITIONER

(BY SRI. .,ADVOCATE)

AND:

STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO SOCIAL WELFARE DEPARTMENT VIDHANA SOUDHA BENGALURU - 560 001.

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THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT DAVANAGERE - 577 002.

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THE TAHSILDAR DAVANAGERE DISTRICT DAVANAGERE 577 002.

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THE DEPUTY DIRECTOR

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4 - NC: 2026:KHC:33273 WP No. 28026 of 2018 C/W WP No. 32844 of 2017

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HC-KAR

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SOCIAL WELFARE DEPARTMENT DAVANAGERE - 577 002.

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SRI RAMESH J VATHAN S/O JAYANNA AGED ABOUT 42 YEARS R/A #1306, 2^ND MAIN 7TH CROSS, K T J NAGRA DAVANAGERE - 577 002.

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SRI NIRANJAN BABU T H S/O LATE HARISCHANDRA TALAGAVI AGED ABOUT 40 YEARS R/A #568, 3^RD MAIN 14TH CROSS, K T J NAGARA DAVANAGERE- 577 002.

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SRI DHARMARAJA S/O SADAPA SADHAPUTHE AGED ABOUT 35 YEARS R/A MAHATMA BUDDHA BHEEMA BASAVANAGARA LOKIKERI ROAD DAVANAGERE - 577 002.

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...RESPONDENTS

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(BY SRI. SRINIVAS KUMAR M., HCGP FOR R1 TO R4; SRI. N. RAMACHANDRA.,ADVOCATE FOR R1 TO R7)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ORDER ANNEXUER-A I24.5.2017 BY THE R-2 AND THE COMMUNICATION ANNEXURE-B AND I25.5.2017 ISSUED BY THE R-4

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

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

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5 - NC: 2026:KHC:33273 WP No. 28026 of 2018 C/W WP No. 32844 of 2017

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HC-KAR

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ORAL ORDER

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Petitioners in these two writ petitions claims to have been nominated as members to the Committee, as required in terms of Government Order 28.09.2011, which envisages constitution of committee for the purpose of management, administration and maintenance of Community Centers known and called as ''Dr. B.R. Ambedkar Community Hall'', ''Dr. Babu Jagjivan Ram Community Hall'', and ''Shri Maharshi Valmiki Bhavana'' at the Villages, Taluka and Semi-urban areas.

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2. The common grievance of the petitioners in these petitions is that in terms of official memorandum dated 24.05.2017, the Deputy Commissioner, Davanagere District had constituted a Committee by nominating Sri. Niranjan Babu as its members. Being aggrieved by this, Pakirappa Bettagiri, filed writ petition in W.P.No.32844/2017.

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3. Subsequently, by another official memorandum dated 03.10.2017, respondent-Deputy Commissioner without consulting the nominated members of the Committee as contemplated vide Government notification dated 28.09.2011 as per Annexure-A, deleted the name of aforesaid Sri. Niranjan

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6 - NC: 2026:KHC:33273 WP No. 28026 of 2018 C/W WP No. 32844 of 2017

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HC-KAR

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Babu and inserted the name of Sri. Pakirappa Bettagiri, the petitioner in W.P.No.32844/2017. This led to filing of writ petition in W.P.No.28026/2018 by Sri. Niranjan Babu.

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3. Considering the pendency of these matters over 8 years and passage of time and in the light of there being no terms providing for the tenure of the Committee, this Court deems it appropriate to direct the respondent-Deputy Commissioner to reconstitute the committee and if petitioners herein found eligible, consider their representation.

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4. Respondent-Deputy Commissioner shall do the needful within an outer limit of 90 days from the date of receipt of certified copy of this order. Till such time the Committee which is currently functioning shall continue.

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5. Accordingly, petitions are disposed of .

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Sd/(M.G.S. KAMAL) JUDGE

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List No.: 1 Sl No.: 19

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Sri. Niranjan Babu v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

Sri. Niranjan Babu v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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