Citation : 2022 Latest Caselaw 1351 Kant
Judgement Date : 31 January, 2022
:1:
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 31ST DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE R. NATARAJ
WRIT PETITION NO.112333 OF 2019 (S-RES)
BETWEEN:
SRI.VISHWARADHYA P.
S/O JAGADISH P.
AGE: 39 YEARS, OCC: UNEMPLOYED,
R/O: POST: KUDATINI,
TQ AND DIST: BALLARI-583115.
...PETITIONER
(BY SMT.SUNITHA P KALASOOR, ADVOCATE)
AND :
1. THE MANAGING DIRECTOR
KARNATAKA POWER CORPORATION LTD.,
BALLARI THERMAL POWER STATION, KUDATINI,
TQ AND DIST: BALLARI-583152.
2. THE EXECUTIVE DIRECTOR
KARNATAKA POWER CORPORATION LTD.,
BALLARI THERMAL POWER STATION, KUDATINI,
TQ AND DIST: BALLARI-583152.
3. THE DEPUTY GENERAL MANAGER (HRD)
KARNATAKA POWER CORPORATION LTD.,
BALLARI THERMAL POWER STATION, KUDATINI,
TQ AND DIST: BALLARI-583152.
...RESPONDENTS
(BY SRI MRUTYUNJAYA S. HALLIKERI, ADVOCATE FOR R1 & R3;
R2 - SERVED)
:2:
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR
DIRECTION IN THE NATURE OF MANDAMUS TO RESPONDENTS TO
CONSIDER THE CANDIDATURE OF THE PETITIONER AS A LAND
LOOSER FOR PROVIDING HIM THE EMPLOYMENT UNDER THE LAND
LOSER SCHEME AS PER ORDER PASSED IN WRIT APPEAL
NOS.100595-599/2015 ON 11.04.2019 BY THE DIVISION BENCH OF
THIS HON'BLE COURT PRODUCED AS ANNEXURE-B, WITH RESPECT TO
PETITIONER.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B'
GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has sought for a writ in the nature of
mandamus to the respondents to consider providing him
employment under the Land Losers Scheme formulated by them.
2. The petitioner claims that the land bearing Sy.
No.779/A of Kudathini village was acquired by the respondents
for a project. The petitioner claims that as per the Scheme
evolved by the respondent No.1 to provide employment to one
member of the family of the land loser, the petitioner was
provided training in the respondent - Corporation. The
petitioner claims that persons similarly situated had filed various
proceedings before this Court and this Court had passed a
judgment in W.A. Nos.100595-100599 of 2015 and connected
matters directing the respondents to consider grant of
employment. The petitioner, therefore, seeks for a similar
direction to the respondents as was granted in the aforesaid writ
appeals.
3. The learned counsel for the respondents, on the
other hand, submitted that the case of the petitioner would be
considered in accordance with law and as per the directions
issued by this Court in W.A. Nos.100595-100599 of 2015 and
connected matters.
4. In view of the aforesaid submission, this writ petition
is allowed on the same terms as are found in judgment dated
11.04.2019 passed by the Division Bench of this Court in W.A.
Nos.100595-100599 of 2015 and connected matters. The
respondents shall comply with this direction within a period of
three months from the date of receipt of a certified copy of this
order.
Sd/-
JUDGE
hnm
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