Karnataka High Court
Santosh S/O Suresh Nandyal vs The State Of Karnataka And Ors on 29 July, 2024
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
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NC: 2024:KHC-K:5420-DB
WA No. 200093 of 2022
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
WRIT APPEAL NO.200093 OF 2022 (S-TR)
BETWEEN:
SANTOSH
S/O SURESH NANDYAL,
AGE: 29 YEARS,
OCC: ENGINEER IN HYDERABAD
KARNATAKA EDUCATION SOCIETY,
(WORKING IN CONSTRUCTION DIVISION),
PDA ENGINEERING COLLEGE CAMPUS,
AIWAN-E-SHAHI AREA,
KALABURAGI- 585 104.
...APPELLANT
Digitally signed (BY SRI P. VILAS KUMAR SR. COUNSEL FOR
by SHILPA R
TENIHALLI SRI NITESH PADIYAL, ADVOCATE)
Location: HIGH
COURT OF AND:
KARNATAKA
1. THE STATE OF KARNATAKA
THROUGH ITS PRL. SECRETARY,
DEPARTMENT OF REVENUE,
M. S. BUILDING,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU-01.
2. THE HYDERABAD KARNATAKA
EDUCATION SOCIETY,
THROUGH ITS PRESIDENT,
PDA ENGINEERING COLLEGE CAMPUS,
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NC: 2024:KHC-K:5420-DB
WA No. 200093 of 2022
AIWAN-E-SHAHI AREA,
KALABURAGI- 585 104.
3. THE REGIONAL COMMISSIONER
KALABURLAGI REGION,
KALABURAGI- 585 102,
(THE THEN DIVISIONAL COMMISSIONER).
4. THE DISTRICT REGISTRAR OF
SOCIETIES AND CO-OPERATIVE SOCIETIES,
KALABURAGI- 585 102.
...RESPONDENTS
(BY SRI G. B. YADAV, HCGP FOR R1, R3 AND R4;
SRI AMRESH S. ROJA, ADVOCATE FOR R2)
THIS WRIT APPEAL IS FILED U/S.4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO ALLOW THE APPEAL FILED BY
APPELLANT BY SETTING ASIDE THE ORDER OF LEARNED
SINGLE JUDGE, PASSED IN WP NO.202252/2021 DATED
14.01.2022 IN THE INTEREST OF JUSTICE.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The present Writ ppeal has been filed seeking to set aside the order passed by the learned Single Judge in -3- NC: 2024:KHC-K:5420-DB WA No. 200093 of 2022 W.P.No.202252/2021, whereby, the writ petition came to be rejected reserving liberty to the petitioner to approach the competent authority.
2. The writ petition was filed challenging the order at Annexure-A, whereby, the appellant was working as an Assistant Engineer (Civil) in H.K.E Society's Engineer-in- Charge Office, was transferred to HKES's Sree Veerendra Patil Degree College, Bengaaluru with immediate effect on administrative grounds. The said order was passed on 26.04.2021, which came to be challenged before the learned Single Judge raising various contentions. Learned Single Judge has disposed of the writ petition reserving liberty to the petitioner to approach the competent authority.
3. The learned Senior Counsel appearing for the appellant submits that even if the statutory remedies are available, it is not practical to invoke such remedies in the light of non effectiveness of such appellate forums. He further submits that the second respondent has an -4- NC: 2024:KHC-K:5420-DB WA No. 200093 of 2022 element of State control as well and accordingly, petition could be entertained directly.
4. Learned counsel Sri Amaresh S. Roja appearing for the second respondent would submit that the order is passed by the Society and appropriate remedy would have to be invoked, which would being of a civil suit, unless the Registrar takes an action under the provisions of the Karnataka Societies Registration Act, 1960.
5. After hearing the matter for some time, though an element of inconvenience is pointed out by the learned Senior Counsel appearing for the appellant, this Court is of the view that available substantive remedy may have to be invoked taking note that the second respondent is a society and it has its own service manual.
6. In the event, the appellant initiates appropriate proceedings to invoke substantive remedy as is available, such authority may take up the matter expeditiously -5- NC: 2024:KHC-K:5420-DB WA No. 200093 of 2022 taking note of the urgency as made out. All contentions are kept open.
Accordingly, the writ appeal is disposed of. In view of disposal of the appeal, pending interlocutory application, if any, stands disposed off.
Sd/-
(S.SUNIL DUTT YADAV) JUDGE Sd/-
(RAMACHANDRA D. HUDDAR) JUDGE SRT List No.: 1 Sl No.: 34 CT:BN