Back
KARNATAKA HIGH COURT - BENCH AT KALBURAGI
MOHAMMED MOHSIN ALI S/O MOHAMMED MAULA ALI – Appellant
Versus
DEPUTY COMMISSIONER AND ORS – Respondent
WP 200808/2021
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 10th DAY OF NOVEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
WRIT PETITION No.200808 OF 2021 (S-RES)
BETWEEN:
MOHAMMED MOHSIN ALI
S/O MOHAMMED MAULA ALI
AGE:29 YEARS, OCC.: NILL
R/O RUDRAWADI VILLAGE,
TQ.:ALAND DIST.:KALABURAGI - 585 105.
... PETITIONER
(BY SRI LIYAQAT FAREED USTAD, ADVOCATE (VIDEO
CONFERENCING))
AND:
1.
DEPUTY COMMISSIONER
OFFICE OF THE DEPUTY COMMISSIONER
MINI VIDHAN SOUDHA
KALABURAGI - 585 103.
2.
ASSISTANT COMMISSIONER
OFFICE OF THE ASSISTANT COMMISSIONERS
KALABURAGI - 585 103.
3.
TAHSILDAR
ALAND TAHSIL OFFICE
ALAND TQ. AND DIST. KALABURAGI - 585 101.
2
4.
DASTAGIR MULLA
S/O CHANDSAB
AGE: 26 YEARS,
OCC.:GRAM SAHAYAKA
R/O RUDRAWADI VILLAGE,
TQ.;ALAND DIST.: KALABURAGI - 585 101
... RESPONDENTS
(BY SMT. ANURADHA M. DESAI, GOVERNMENT ADVOCATE
FOR R1 TO R3 (VIDEO CONFERENCING))
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE THE
WRIT IN NATURE OF CERTIORARI :
i)
QUASH THE ORDER NO. SAM. KAM. SIBBANDI.
93.2014-15
DATED
21.10.2015
PASSED
BY
THE
RESPONDENT NO.3 IN APPOINTING RESPONDETN NO.4 AS
GRAMA SAHAYAKA RUDRAWADI, VILLAGE TQ. ALAND
DIST. KALABURAGI VIDE ANNEXURE A.
ii)
DIRECT THE RESPONDENT NO.3 TO APPOINT
THE PETITIONER AS GRAM SAHAYAKA OF RUDRAWADI,
VILLAGE TQ. ALAND DIST. KALABURAGI, IN THE PLACE
OF RESPONDENT NO.4, IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS WRIT PETITION HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 20.09.2021, COMING ON
FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE
FOLLOWING :-
ORDER
The petitioner in this writ petition has sought for
the following prayer:
3
“Therefore, it is most humbly prayed that, the
Hon’ble Court may kindly be pleased to issue the
writ in the nature of certiorari and:
A.
Quash
the
order
No.
SAM:
KAM:
SIBBANDI: 93:2014-15 dated 21-10-2015
passed
by
the
respondent
No.3
in
appointing respondent No.4 as Grama
Sahayaka, Rudrawadi Village, Tq: Aland,
Dist: Kalaburagi vide Annexure-A.
B.
Hon’ble Court may kindly be pleased to
direct the respondent No.3 to appoint the
petitioner
as
Grama
Sahayaka
of
Rudrawadi,
Village,
Tq.
Aland,
Dist.
Kalaburagi in the place of respondent
No.4.
C.
Issue any other direction to the respondent
as this Hon’ble Court deems fit under the
facts and circumstances of the case.”
2. Heard Mr. Liyaqat Fareed Ustad, learned
Advocate for the petitioner and the Government
Advocate for Respondent Nos.1 to 3 and perused the
material on record.
3. The petitioner claims to be the grandson of one
Moinuddin, s/o. Khasimsab Majkori, who was working
as Gram Sahayak at Rudrawadi Village. On his
4
attaining the age of 70 years, recommended appointing
his grandson, respondent No.4 as Gram Sahayak of
Rudrawadi village. The petitioner is the grandson born
to the daughter of the former Gram Sahayak. The
person who is recommended to be appointed as Gram
Sahayak by the former Gram Sahayak is no doubt the
grandson, a son born to his son. Therefore, the tussle
in the present petition is with regard to the appointment
of the 4th respondent, who is the daughter's son and the
grandson of the former Gram Sahayak and the
petitioner is the former Gram Sahayak's son's son.
4. The appointment of the 4th respondent comes
about on 21.10.2015, after which the petitioner claims
to have filed detailed objections on 03-03-2016, raising
a contention that the 4th respondent is not a resident of
Rudrawadi village. The petitioner has secured 49.28%
in the SSLC examination as against 42.08% secured by
the 4th respondent and the Office of the Gram Sahayak,
5
after retirement or demise of a Gram Sahayak devolves
upon the immediate successor that is the son’s son and
not daughter’s son and it is an appointment to the post
by succession.
5. There cannot be a better ground to hold the
appointment to be con
