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Karnataka High Court
Lakshmana Kadappa Sanadi vs The Tashildar on 17 February, 2026
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NC: 2026:KHC-D:2408
WP No. 106758 of 2024
AND CONNECTED MATTERS
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
DATED THIS THE 17TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
WRIT PETITION NO. 106758 OF 2024 (S-RES)
C/W
WRIT PETITION NO. 107024 OF 2024 (S-DIS)
WRIT PETITION NO. 107058 OF 2024 (S-RES)
WRIT PETITION NO. 101113 OF 2026 (S-RES)
IN WP No. 106758/2024:
BETWEEN:
SHRI. SIDDAPPA S/O. SATAPPA SANADI,
AGE. 26 YEARS, OCC. NIL,
R/O. JODAKURLI, TQ. CHIKODI,
DIST. BELAGAVI-591213.
...PETITIONER
(BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
GIRIJA A. DEPARTMENT OF REVENUE,
BYAHATTI M.S. BUILDING, VIDHAN SOUDHA,
BENGALURU-560001,
Digitally signed by
GIRIJA A. BYAHATTI
REPRESENTED BY ITS
Location: HIGH COURT
OF KARNATAKA PRINCIPAL SECRETARY.
DHARWAD BENCH
Date: 2026.02.20
11:36:25 +0530
2. THE DEPUTY COMMISSIONER,
DC COMPOUND,
BELAGAVI-590001.
3. THE ASSISTANT COMMISSIONER, CHIKODI,
TQ. CHIKODI, DIST. BELAGAVI-591201.
4. THE TAHASILDAR AND
TALUKA EXECUTIVE MAGISTRATE,
TQ. CHIKODI, DIST. BELAGAVI-591201.
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WP No. 106758 of 2024
AND CONNECTED MATTERS
HC-KAR
5. LAXMAN S/O. KOTYAPPA SANADI,
AGE. 25 YEARS, OCC. NIL,
R/O. SANADI THOT, JODAKURLI,
TQ. CHIKODI, DIST. BELAGAVI-591213.
...RESPONDENTS
(BY SMT. NANDINI B. SOMAPUR, AGA FOR R1 TO R4;
SRI. K.ANAND KUMAR, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI QUASHING THE IMPUGNED ORDER DATED 07/11/2024
PASSED BY RESPONDENT NO.4 BEARING NO.KRA.VATAN/
GRA.SA.NE/VI VA-02/2024-25 VIDE ANNEXURE-A; ISSUE A WRIT OF
MANDAMUS DIRECTING RESPONDENT NO.4 TO APPOINT THE
PETITIONER TO THE POST OF VILLAGE ASSISTANT AS NOTIFIED
UNDER THE NOTIFICATION DATED 17/09/2024 BEARING
NO.KRA.VATAN/GRA.SA.NE/VI VA-02/2024-25 VIDE ANNEXURE-B;
AND ETC.
IN WP NO. 107024/2024:
BETWEEN:
LAKSHMANA KADAPPA SANADI
AGE. 45 YEARS, OCC. NIL,
R/O. JODAKURALI, TAL. CHIKODI,
DIST. BELAGAVI-591213.
...PETITIONER
(BY SRI. SHARAD M. PATIL, ADVOCATE)
AND:
1. THE EXECUTIVE OFFICER
TALUK PANCHAYAT,
CHIKODI BELAGAVI-591201.
2. GRAM PANCHAYAT OFFICE
JODAKURALI, BELAGAVI,
REPRESENTED PANCHAYAT
DEVELOPMENT OFFICER,
TQ. CHIKODI, DIST. BELAGAVI-591213.
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WP No. 106758 of 2024
AND CONNECTED MATTERS
HC-KAR
3. THE GRAM PANCHAYAT JODAKURALI
BELAGAVI REPRESENT BY ITS
PRESIDENT SAROJINI BHARMA KAMBLE,
TQ. CHIKODI, DIST. BELAGAVI-591213.
4. THE TASHILDAR
CHIKODI-591201.
...RESPONDENTS
(BY SRI. V. SHIVARAJ HIREMATH, ADVOCATE FOR R2 AND R3;
SMT. NANDINI B. SOMAPUR, AGA FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT
OF CERTIORARI QUASHING THE IMPUGNED ORDER 18-04-2024
PASSED BY THE 4TH RESPONDENT BEARING GRA/SA.VI VA.01/
2023-2024 VIDE ANNEXURE-B AND ALSO THE NOTIFICATION
DATED. 17-09-2024 PASSED BY THE 4TH RESPONDENT BEARING
NO. VATAN/GRA.SA.NE/VIVA-02/2024-2025 VIDE ANNEXURE-C;
ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS
TO CONSIDER THE REPRESENTATION DATED. 09-07-2024 TO
RE-INSTATE THE PETITIONER FOR SERVICE VIDE ANNEXURE-D;
AND ETC.
IN WP NO. 107058/2024:
BETWEEN:
LAKSHMANA KADAPPA SANADI
AGE. 45 YEARS, OCC. NIL,
R/O. JODAKURALI, TAL. CHIKODI,
DIST. BELAGAVI-591213.
...PETITIONER
(BY SRI. SHARAD M.PATIL, ADVOCATE)
AND:
1. THE TASHILDAR
CHIKODI-591201.
2. THE EXECUTIVE OFFICER
TALUK PANCHAYAT,
CHIKODI BELAGAVI-591201.
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WP No. 106758 of 2024
AND CONNECTED MATTERS
HC-KAR
3. GRAM PANCHAYAT OFFICE
JODAKURALI, BELAGAVI,
REPRESENTED PDO-591213.
4. THE GRAM PANCHAYAT JODAKURALI
BELAGAVI REPRESENT BY ITS PRESIDENT
SAROJINI BHARMA KAMBLE-591213.
5. LAXMAN KOTYAPPA SANDAI
AGE. 26 YEARS, OCC. AGRICULTURE,
R/O. JODAKURALI, TAL. CHIKODI,
DIST. BELAGAVI-591213.
...RESPONDENTS
(BY SMT. NANDINI B.SOMAPUR, AGA FOR R1;
SRI. V.SHIVARAJ HIREMATH, ADVOCATE FOR R2 AND R3;
SRI. K.ANAND KUMAR, ADVOCATE FOR R5;
NOTICE TO R4 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT
OF CERTIORARI QUASHING THE IMPUGNED ORDER 07/11/2024
PASSED BY THE 1ST RESPONDENT BEARING KRAVATANA/
GRA.SA.NE/VIVA-02/2024-2025 DATED 07/11/2024 VIDE
ANNEXURE-E; AND ETC.
IN WP NO. 101113/2026:
BETWEEN:
SHIVANAND S/O. BEERAPPA HARAKE,
AGED ABOUT 29 YEARS, OCC. NIL,
R/O. JODAKURLI, TQ. CHIKODI,
DIST. BELAGAVI-591213.
...PETITIONER
(BY SRI. SADIQ N. GOODWALA, ADVOCATE)
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WP No. 106758 of 2024
AND CONNECTED MATTERS
HC-KAR
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
DEPARTMENTT OF REVENUE,
M.S. BUILDING, BENGALURU-560001.
2. THE DEPUTY COMMISSIONER,
BELAGAVI, DIST. BELAGAVI-590001.
3. THE ASSISTANT COMMISSIONER,
CHIKODI, TQ. CHIKODI,
DIST. BELAGAVI-591201.
4. THE TAHSILDAR CHIKODI
TQ. CHIKODI, DIST. BELAGAVI-591201.
5. LAXMAN S/O. KOTYAPPA SANADI,
AGE. 25 YEARS, OCC. NIL,
R/O. SANADI THOT JODAKURLI,
TQ. CHIKODI, DIST. BELAGAVI-591213.
...RESPONDENTS
(BY SMT. NANDINI B. SOMAPUR, AGA FOR R1 AND R4;
SRI. V. SHIVARAJ HIREMATH, ADVOCATE FOR R2 AND R3;
SRI. K.ANAND KUMAR, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT IN THE NATURE OF CERTIORARI, QUASHING THE
IMPUGNED ORDER DATED 07-11-2024 PASSED BY THE 4TH
RESPONDENT BEARING NO. KAR:VATAN/GRA.SA.NE/VI VA-
02/2024-25 VIDE ANNEXURE-A; ISSUE A WRIT OF MANDAMUS
DIRECTING RESPONDENT NO.4 TO APPOINT THE PETITIONER
TO THE POST OF VILLAGE ASSISTANT AS NOTIFIED UNDER THE
NOTIFICATION DATED 17-09-2024 VIDE ANNEXURE -C; AND
ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S.HEMALEKHA
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WP No. 106758 of 2024
AND CONNECTED MATTERS
HC-KAR
ORAL COMMON ORDER
1. These writ petitions arise out of the appointment to
the post of Village Assistant in Jodakurli Village,
Chikodi Taluk, Belgavi District and challenge (i) the
order of dismissal dated 18.04.2024 and (ii)
subsequent appointment order dated 07.11.2024.
2. Since all the writ petitions arise out of the same
appointment and interconnected facts, they are
heard together and disposed of by this common
order.
3. The petitioner in W.P. No.107024/2024 and W.P.
No.107058/2024 was appointed as Village Assistant
in the year 2004 and was serving in Jodakurli Gram
Panchayath.
4. W.P.No.106758/2024 and W.P. No.100113/2026 also
challenge the very same appointment order dated
07.11.2024 on the ground of ineligibility of
respondent No.5.
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5. The petitioner in W.P.No.107024/2024 and W.P.
No.106758/2024 was appointed as a Village
Assistant in the year 2004 and was working in
Jodakurali Village Grama Panchayat. It is the case of
the petitioner that he was deputed for Lok Sabha
election duty in 2024, owing to illness and
hospitalization, he could not attend election duty. By
order dated 18.04.2024, he was dismissed from
service, without issuance of charge memo, without
holding any enquiry, and without affording an
opportunity of hearing.
6. Subsequently, a fresh notification dated 17.09.2024
was issued to fill up the post of Village Assistant, and
by order dated 07.11.2024, respondent No.5 was
appointed to the said post. The petitioner in W.P.
No.107058/2024, who is the same petitioner in
W.P.No.107024/2024, challenges the appointment
dated 07.11.2024, contending that the dismissal
itself was illegal and that the appointment was made
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AND CONNECTED MATTERS
HC-KAR
without considering the grievance of the dismissed
petitioner and during the pendency of proceedings.
7. The petitioners in W.P. No.106758/2024 and W.P.
No.100113/2026 independently challenge the
appointment order dated 07.11.2024 on the ground
that respondent No.5 was ineligible on account of
age, as he had not completed 25 years as on the cut-
off date.
8. Learned counsel for the petitioner in W.P.Nos.107024
and 107058 of 2024 contends that the dismissal
order dated 18.04.2024 is illegal and in violation of
the principles of natural justice. It is submitted that
no charge memo was issued, no enquiry was
conducted, and no opportunity of hearing was
afforded. Since dismissal is a major penalty, it
cannot be imposed without following due process.
Consequently, the subsequent appointment dated
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WP No. 106758 of 2024
AND CONNECTED MATTERS
HC-KAR
07.11.2024 is unsustainable as it is founded on an
illegal dismissal.
9. Learned counsel appearing for the petitioners in the
other connected writ petitions submits that
respondent No.5 did not satisfy the age criteria as on
the relevant date and that the appointment is
contrary to the terms of the notification. It is further
contended that the petitioners therein had secured
higher S.S.L.C. marks and that the selection of
respondent No.5 is arbitrary and contrary to the
notification.
10. Per contra, learned counsel appearing for respondent
No.5 sought to justify the appointment and submits
that the dismissal of the petitioner in
W.P.No.107024/2024 was justified on account of his
failure to attend election duty and for not producing
satisfactory proof of hospitalization. It is further
contended that the appointment of respondent No.5
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AND CONNECTED MATTERS
HC-KAR
was made pursuant to the notification and after
following due procedure.
11. This Court has carefully considered the rival
submissions and perused the material on record.
12. Dismissal from service entails serious civil
consequences. It is a well-settled principle that such
a major penalty cannot be imposed without adhering
to the principles of natural justice. In the present
case, admittedly, only a show-cause notice was
issued. No charge memo was framed, no regular
enquiry was conducted, and no opportunity of
personal hearing was afforded to the petitioner. The
impugned order of dismissal dated 18.04.2024 is in
clear violation of the principles of natural justice, and
the principle of audi alteram partem squarely applies
to the present case.
13. Even assuming that the petitioner failed to attend
election duty or did not produce adequate proof of
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AND CONNECTED MATTERS
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hospitalization, it was incumbent upon the authority
to hold a proper enquiry before imposing penalty of
dismissal. The failure to do so render the dismissal
order dated 18.04.2024 unsustainable in law, as
being in clear violation of the principles of natural
justice.
14. Accordingly, the dismissal order dated 18.04.2024 is
liable to be quashed. Once the dismissal order is set
aside, the petitioner is entitled to reinstatement in
service. Consequently, the vacancy against which
respondent No.5 was appointed ceases to exist.
Therefore, the appointment order dated 07.11.2024
cannot be sustained.
15. In view of the above, this Court pass the following:
ORDER
i. W.P.Nos.107024/2024 and 107058/2024 are
allowed.
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ii. The impugned order dated 18.04.2024 dismissing
the petitioner from the post of Village Assistant is
hereby quashed.
iii. The petitioner shall be reinstated into service with
continuity of service. However, liberty is reserved
to the respondent-authorities to initiate
disciplinary proceedings, if so advised, in
accordance with law.
iv. The appointment order dated 07.11.2024
appointing respondent No.5 to the post of Village
Assistant is hereby quashed.
In view of the above, W.P.Nos.106758/2024 and
101113/2026 stand disposed of accordingly.
Sd/-
JUSTICE K.S.HEMALEKHA
gab
Ct:VH
List No.: 1 Sl No.: 3
