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Mahananda vs The Chief Executive Officer
2026 Latest Caselaw 2038 Kant

Citation : 2026 Latest Caselaw 2038 Kant
Judgement Date : 9 March, 2026

[Cites 2, Cited by 0]

Karnataka High Court

Mahananda vs The Chief Executive Officer on 9 March, 2026

Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
                                                 -1-
                                                            NC: 2026:KHC-K:2234
                                                        WP No. 202900 of 2025


                      HC-KAR




                                 IN THE HIGH COURT OF KARNATAKA

                                        KALABURAGI BENCH

                               DATED THIS THE 9TH DAY OF MARCH, 2026

                                              BEFORE
                           THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
                             WRIT PETITION NO. 202900 OF 2025 (S-RES)


                      BETWEEN:

                      MAHANANDA W/O BHIMASHANKAR,
                      AGE: 36 YEARS, OCC: HEAD COOK,
                      R/O JANIWAR VILLAGE, TQ. JEWARAGI,
                      DIST. KALABURAGI-585310.


                                                                    ...PETITIONER
                      (BY SRI. MAHANTESH PATIL, ADVOCATE)

                      AND:

                      1.   THE EXECUTIVE OFFICER,
                           TALUK PANCHAYAT, JEWARAGI,
Digitally signed by        DIST. KALABURAGI-585310.
SWETA KULKARNI
Location: HIGH
COURT OF              2.   PANCHAYAT DEVELOPMENT OFFICER,
KARNATAKA
                           GRAM PANCHAYAT, KALAHANGARAGA,
                           TQ. JEWARAGI, DIST. KALABURAGI 585310.

                      3.   BLOCK EDUCATION OFFICER (BEO),
                           JEWARAGI, DIST. KALABURAGI-585310.

                      4.   HEAD MASTER,
                           GOVERNMENT HIGHER PRIMARY SCHOOL,
                           JANIWAR VILLAGE, TQ. JEWARAGI,
                           DIST. KALABURAGI-585310.
                                     -2-
                                                   NC: 2026:KHC-K:2234
                                               WP No. 202900 of 2025


 HC-KAR




5.   SMT. MAMATA W/O SIDDU SHARMA,
     AGE: MAJOR, OCC: NOT KNOWN,
     R/O JANIWAR VILLAGE, TQ.JEWARAGI,
     DIST. KALABURAGI-585310.
                                                        ...RESPONDENTS
(BY SRI VIRANAGOUDA M. BIRADAR, AGA FOR R3 TO R4;
 SRI B. BHIMASHANKAR, ADVOCATE FOR R5;
 NOTICE TO R1 SERVED)
         THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO -A)
ISSUE A WRIT IN NATURE OF CERTIOARAI TO QUASH THE
IMPUGNED                        ORDER                      BEG            NO.
¸ÀASÉå:vÁ/¥ÀAeÉÃ/CzÁAiÉÆÃ/C.¹./£ÉÃ.C.ªÉÆÃ/PÀÄjvÀÄ/2025-26/871 DATED 18/19-09-
2025 PASSED BY RESPONDENT NO.1, VIDE ANNEXURE-F. B)
ISSUE A WRIT OF MANDAMUS OR ORDER DIRECTING THE
RESPONDENT NO.1 TO REINSTATE THE PETITIONER INTO
SERVICE AS HEAD COOK GOVERNMENT HIGHER PRIMARY
SCHOOL, JANIWAR VILLAGE, TALUK JEWARAGI, DIST
KALABURAGI. C) PASS SUCH OTHER ORDERS OR DIRECTIONS
AS THIS HON'BLE COURT DEEMS JUST AND PROPER UNDER
THE FACTS AND CIRCUMSTANCES OF THE CASE AND ALLOW
THIS WRIT PETITION.

     THIS PETITION, COMING ON FOR FURTHER HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM:      HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY


                             ORAL ORDER

1. This writ petition is filed under Articles 226 & 227

of the Constitution of India, seeking for the following reliefs:

(a) Issue a writ in the nature of certiorari to quash the impugned order bearing No¸ÀASÉå:vÁ/¥ÀAeÉÃ/CzÁAiÉÆÃ/C.¹./

£ÉÃ.C.ªÉÆÃ/PÀÄjvÀÄ/2025-26/871 dated 18/19-09-2025 passed by

NC: 2026:KHC-K:2234

HC-KAR

respondent No.1 vide Annexure-Fm, in the interest of justice and equity;

(b) Issue a writ of mandamus or order directing the respondent No.1 to reinstate the petitioner into service as Head Cook at Government Higher Primary School, Janiwar village, taluk Jewaragi, district Kalaburagi, in the interest of justice and equity;

(c) Pass such other orders or directions as this Hon'ble Court deems just and proper under the facts and circumstances of the case and allow this writ petition, in the interest of justice.

2. Heard the learned counsels for the parties.

3. The petitioner who was elected as member of

respondent No.2-Gram Panchayat was appointed as a Head

Cook at Government Higher Primary School, Janiwar village

under the resolution dated 11.10.2022 passed by the Gram

Panchayat, Kallahangaraga. Subsequently, the petitioner had

resigned as a member of Gram Panchayat, Kallahangarga.

Thereafter, an appointment order was issued to the

petitioner on 19.10.2022 appointing the petitioner as Head

Cook of the aforesaid school. Subsequently, based on the

complaint submitted by the respondent No.5, the respondent

No.1 had passed an order terminating the petitioner from

NC: 2026:KHC-K:2234

HC-KAR

services and appointed respondent No.5 who was one of the

applicant for the post of Head Cook in the aforesaid school.

Aggrieved by the same, the petitioner is before this Court.

4 Perusal of the material on record would go to

show that, the petitioner who was a member of the Gram

Panchayat had participated in the appointment proceedings

of the Head Cook to the aforesaid school and she was also a

signatory to the resolution, wherein, it was decided to

appoint the petitioner as a Head Cook in the Government

Higher Primary School, Janiwar village. Subsequent to the

aforesaid resolution, the petitioner had submitted her

resignation to her post of member of the Gram Panchayat.

5. The respondent No.1 upon the complaint of

respondent No.5 having found that, the petitioner had

participated in the meeting of the Gram Panchayat in her

capacity as a member of the Gram Panchayat and was a

party to the resolution passed by the Panchayat appointing

the petitioner to the post of Head Cook of the aforesaid

school, has passed the impugned order rejecting the

NC: 2026:KHC-K:2234

HC-KAR

proposal received from the Gram Panchayat for confirmation

of petitioner's appointment to the post of Head Cook of the

aforesaid school and to her place, respondent No.5 has been

appointed.

6. The material on record would go to show that, the

respondent No.5 had in the meanwhile approached the office

of the Lokayukta who in turn had directed the respondent

No.1 to hold an enquiry and pass appropriate orders

regarding appointment to the post of Head Cook in the

Government Higher Primary School, Janiwar village.

7. Under the circumstances, I do not find any

illegality or irregularity in the impugned order passed by the

respondent No.1. Therefore, this writ petition lacks merits

and the same is accordingly dismissed.

Sd/-

(S.VISHWAJITH SHETTY) JUDGE

Svh/-

List No.: 1 Sl No.: 38 Ct:pk

 
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