Karnataka High Court
S.C. Patil vs State Of Karnataka on 25 September, 2025
Author: S.R. Krishna Kumar
Bench: S.R. Krishna Kumar
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NC: 2025:KHC-D:13422
WP No. 112469 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 25TH DAY OF SEPTEMBER 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR
WRIT PETITION NO. 112469 OF 2017 (S-R)
BETWEEN:
1. S.C. PATIL
S/O. CHANDRASHEKARGOUDA PATIL,
AGED ABOUT 70 YEARS,
RETD. SELECTION GRADE LIBRARIAN,
J.T.COLLEGE, GADAG-582101,
R/AT: CITB PLOT NO.283,
RAJAJINAGAR, SATTUR,
DHARWAD-580009.
2. JEEVAN RAO H. DESAI
S/O. HANUMANT RAO DESAI,
AGED ABOUT 71 YEARS,
RETD. SELECTION GRADE
SAMREEN
AYUB PHYSICAL EDUCATION DIRECTOR,
DESHNUR KLS GOGTE COLLEGE OF COMMERCE,
SAMREEN AYUB BELAGAVI-590006,
DESHNUR
HIGH COURT OF
KARNATAKA
R/AT: PLOT NO.69, SRI MAD
DHARWAD BENCH RAGHAVENDRA CO-OPERATIE
HOUSING SOCIETY,
RANICHANNAMMA NAGAR,
BELAGAVI-590006.
3. N.C.HIREMATH
S/O. CHANNABASAYYA HIREMATH,
AGED ABOUT 70 YEARS,
RETD. SELECTION GRADE LIBRARIAN,
BASAVESHWAR SCIENCE COLLEGE,
BAGALKOT-587101,
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HC-KAR
R/AT: RAJATGIRI 3RD MAIN,
KALAGHATGI ROAD, DHARWAD-580020.
4. I.S.BIRADAR,
S/O. SIDDALINGAPPA BIRADAR,
AGED ABOUT 70 YEARS,
SELECTION GRADE PHYSICAL
CULTURE INSTRUCTOR,
BLDE'S NEW ARTS COLLEGE,
TIKOTA-586130, VIJAYAPURA DISTRICT,
R/AT: C/O. S.I.BIRADAR,
HOUSE NO.204 G-4, 2ND FLOOR,
MADHURA PLOTS, MADHURA ESTATE,
HUBBALLI-580023.
5. S.S.KORI
S/O. SHANKRAPPA KORI,
AGED ABOUT 74 YEARS,
RETD. SELECTION GRADE PHYSICAL
CULTURE INSTRUCTOR,
A.S.PATIL COLLEGE OF COMMERCE,
VIJAYAPURA-586101,
R/AT: C/O. I.S.PUJAR,
'SRI. BASAVA KRIPA', 5TH CROSS,
MARATHA COLONY, DHARWAD-580008.
6. R.A.PUJARI
S/O. APPANNA PUJARI,
AGED ABOUT 74 YEARS,
RETD. PHYSICAL CULTURE INSTRUCTOR,
SHIVANAND COLLEGE, KAGWAD-591223,
BELAGAVI DISTRICT,
R/AT: PATIL GALLI, KAGWAD-591223,
BELAGAVI DISTRICT.
7. A.R.DHARWADKAR
S/O. R.Y.DHARWADKAR,
AGED ABOUT 66 YEARS,
RETD. ASSOCIATE PROFESSOR LIBRARIAN,
JSS COLLEGE, DHARWAD-580004,
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WP No. 112469 of 2017
HC-KAR
R/AT: 'SATYADEEP', NEAR WATER TANK,
SARASWATPUR, DHARWAD-580002.
...PETITIONERS
(BY SRI. K.B.MURALIDHAR, ADVOCATE)
AND:
1. STATE OF KARNATAKA BY ITS
PRINCIPAL SECRETARY TO GOVERNMENT,
EDUCATION DEPARTMENT
(HIGHER EDUCATION),
M.S.BUILDING, BENGALURU-560001.
2. THE COMMISSIONER
FOR COLLEGIATE EDUCATION
IN KARNATAKA,
BENGALURU-560001.
...RESPONDENTS
(BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT
OF MANDAMUS, DIRECTING THE RESPONDENTS TO PAY THE
INTEREST @ 9% PER ANNUM, ON THE AMOUNTS REFUNDED TO
THE PETITIONERS PURSUANT TO THE ORDERS OF THIS HON'BLE
COURT, VIDE GOVERNMENT ORDERS DATED 01.02.2014,
16.01.2014 AND 01.02.2014 (ANNEXURE - D, E & F) IN THE
INTEREST OF JUSTICE AND EQUITY AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN
AS UNDER:
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HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR)
In this petition, petitioner seeks the following reliefs.
i) Issue WRIT OF MANDAMUS, directing the
Respondents to pay the Interest @ 9% per
annum, on the amounts refunded to the
Petitioners pursuant to the Orders of this Hon'ble
Court, vide Government Orders dated
01.02.2014, 16.01.2014 and 01.02.2014
(Annexure - D, E & F) in the interest of justice
and equity.
ii) Pass such other Order/orders as this Hon'ble
Court deems fit and just in the matter in the
interest of justice and equity.
2. Heard the learned counsel for the petitioners,
learned AGA for respondents and perused the material on
record.
3. A perusal of the material on record will indicate
that pursuant to order passed by this Court in WP
No.30146/2008, the respondents passed orders vide
Annexures-D, E and F dated 01.02.2014, 16.01.2014 and
01.02.2014 respectively and refunded the amounts back to
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the petitioners. However, since the request of the
petitioners to pay interest at 9% per annum on the amounts
which was recovered by the respondents from the
petitioners and thereafter, refunded back to them was not
considered by the respondents despite submission of
representation, the petitioners are before this Court by way
of the present petition.
4. It is contended that under identical
circumstances, the respondents have granted interest on
the refund amounts in favour of those persons who are also
beneficiaries of the aforesaid orders as per Annexures-G
and K dated 25.04.2014 and 05.08.2016 respectively and
the representation submitted by the petitioners at
Annexure-J dated 12.07.2016, has not been considered and
as such, necessary directions may be issued to the
respondents.
5. In support of the submission, learned counsel for
the petitioners placed reliance on the judgments passed by
this Court in WP Nos.83121-83139 of 2013 and WP
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HC-KAR
No.1914-1921 of 2015 disposed off on 26.09.2013 and
09.12.2015 respectively.
6. Per contra, learned AGA submits that if
reasonable time is granted, the respondents would address
the grievances of the petitioners and consider the
representation dated 12.07.2016 at Annexure-J and
thereafter, proceed further in accordance with law.
7. In view of the aforesaid facts and circumstances
and submission made on behalf of the respondents-State, I
deem it just and appropriate disposal of this petition
directing the respondents to address the grievances of the
petitioners and pass appropriate orders/take appropriate
decision on the representation of the petitioners at
Annexure-J dated 12.07.2016, bearing in mind the
Government Orders at Annexures-G and K dated
25.04.2014 and 05.08.2016 respectively, as well as the
judgment of this Court stated supra, and in accordance with
the law within a period of two (2) months from the date of
receipt of the copy of this order.
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8. Subject to the aforesaid directions, the present
petition stands disposed of.
Sd/-
(S.R. KRISHNA KUMAR)
JUDGE
SMM / Ct:VH
