Karnataka High Court
Smt. Lakshmavva W/O Late Sharabanna ... vs The State Of Karnataka on 13 October, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC-D:13746
WP No. 101940 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 13TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 101940 OF 2025 (S-REG)
BETWEEN:
SMT. LAKSHMAVVA W/O. LATE SHARABANNA KORI,
AGE: 52 YEARS, OCC: HOUSE HOLD,
R/O: NO. 209 NEAR BANNI MAHALAKSHMI
TEMPLE, NEERLOTI, HIREMANNAPUR, KUSTAGI,
TQL: KUSTAGI, DIST: KOPPAL - 583 277.
...PETITIONER
(BY SRI. M. S. HARAVI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS CHIEF
SECRETARY TO GOVERNMENT
VIDHANA SOUDHA, BENGALURU - 260 001.
2. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRL SECRETARY
TO GOVERNMENT, HORTICULTURE DEPARTMENT
M. S. BUILDING, BENGALURU - 560 001.
3. THE DIRECTOR OF HORTICULTURE,
DEPARTMENT OF HORTICULTURE,
LALBHAG, BENGALURU - 560 004.
Digitally signed
by RAKESH S
HARIHAR 4. THE DEPUTY DIRECTOR OF HORTICULTURE,
Location: High DEPARTMENT OF HORTICULTURE, (Z.P)
Court of
Karnataka, KOPPAL, DIST: KOPPAL - 583 201.
Dharwad Bench,
Dharwad ...RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE, WRIT ORDER
OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE
RESPONDENTS TO REGULARIZE THE SERVICES OF THE PETITIONER
AS PER THE ORDER PASSED BY THIS HON'BLE COURT IN W.P. NO.
40204/2012 (S-REG) C/W W.P. NO.54553/2014(S-R) DATED
22-07-2024 AS PER ANNEXURE-E BY CONSIDERING THE
REPRESENTATIONS SUBMITTED BY THEM DATED 01-02-2025 VIDE
ANNEXURE-F FORTHWITH AND ETC.,
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NC: 2025:KHC-D:13746
WP No. 101940 of 2025
HC-KAR
THIS WRIT PETITION, COMING ON FOR PRELMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court seeking the
following prayer:
a. Issue, writ order or direction in the nature of
Mandamus directing the respondents to
regularize the services of the petitioner as per
the order passed by this Hon'ble court in W.P.
No. 40204/2012 (S-REG) C/W W.P.
No.54553/2014(S-R) dated 22-07-2024 as per
Annexure-E by considering the representations
submitted by them dated 01-02-2025 vide
Annexure-F forthwith.
b. PASS any appropriate order or direction as
deems fit by this Hon'ble court under the facts
and circumstances of the case by allowing this
writ petition with cost in the interest of justice
and equity.
2. The learned counsel for the petitioner submits
that the issue in the lis stands answered by judgment
rendered by the Co-ordinate Bench which is followed by this
Court in W.P.No.107721/2024 disposed on 06.01.2025,
which reads as follows:
"The petitioners few of them who have retired and few
of them are serving in the Horticulture Department are
knocking at the doors of this Court seeking a direction by
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HC-KAR
issuance of a writ in the nature of mandamus to regularize
their services in terms of the order passed by the Coordinate
Bench in W.P.No.40204/2012.
2. Heard Sri M.S. Haravi, learned counsel for
petitioners and Smt. Kirthilatha R. Patil, learned HCGP for
respondents No.1 to 4.
3. Learned counsel for the petitioners submits that the
petitioners are also similarly situated, as few of the
petitioners in the decision rendered by the Coordinate Bench
were all their colleagues. The Coordinate Bench has on
elaborate discussion allowed those petitions by quashing the
endorsements directing consideration of their cases for
regularization, holding as follows:
" [a] The petitions are allowed quashing the
impugned Endorsements dated 14.06.2010 and
15.06.2012 [Annexures- H and C] issued
respectively by the corresponding third respondent
in these petitions and declaring that the petitioners
are entitled for regularization in terms of
2002/2005 Schemes.
[b] The corresponding second respondents in these
petitions are directed to issue appropriate Orders in
view of this Court's declaration as aforesaid within
a period of three [3] months from the date of
receipt of a certified copy of this order.
[c] The petitioners are reserved liberty to file a
representation enclosing a certified copy of this
order with the corresponding respondents within a
period of four [4] weeks from the date of receipt of
such order."
4. In the light of the petitioners similarly situated and
are seeking the same benefit as that of those in the order in
the Writ Petition, passed by the Coordinate Bench, I deem it
appropriate to direct the respondents to consider the
representations of the petitioners strictly in consonance with
what the Coordinate Bench has held as aforequoted within an
outer limit of three months from the date of receipt of a copy
of the order if not earlier. Ordered accordingly."
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HC-KAR
3. In that light, learned HCGP submits that if
reasonable time is granted, the representation of the
petitioner would be considered and appropriate orders
would be passed.
4. In that light and in the light of the issue standing
answered by the aforesaid order passed by this Court
following the judgment of the Division Bench, I deem it
appropriate to direct the respondents to consider the
representation and pass necessary orders in accordance
with law within an outer limit of 12 weeks from the date of
receipt of the copy of this order, if not earlier.
Sd/-
(M.NAGAPRASANNA)
JUDGE
KGK/CT-ASC
