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2026 Supreme(Online)(Kar) 11478

THE HIGH COURT OF KARNATAKA
M.NAGAPRASANNA
SHRI SHANKARLING S/O. NAGAPPA GOGI – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 104498/2025



Reserved on : 30.01.2026 Pronounced on : 04.03.2026 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 04TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.104498 OF 2025 (S - RES)

BETWEEN:

SHRI SHANKARLING S/O NAGAPPA GOGI AGED ABOUT 51 YEARS, OCC. PROJECT DIRECTOR BAGALKOTE NIRMITHI KENDRA R/O. NO.109/2, WARD NO. 11, PLOT NO. 55, POSTAL COLONY, 2ND CROSS, VIDYAGIRI, BAGALKOTE – 587 102 TALUK AND DISTRICT: BAGALKOTE.

... PETITIONER (BY SRI A.S.PATIL, ADVOCATE)

AND:

1 . THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE DEPARTMENT OF HOUSING M.S.BUILDING, DR. AMBEDKAR VEEDHI BENGALURU – 560 001.

2 . THE KARNATAKA STATE BUILDING CENTRE (KARNIK)

REPRESENTED BY ITS CHEIF EXECUTIVE OFFICER AND MANAGING DIRECTOR, RAJIV GANDHI RURAL HOUSING COOPERATION LIMITED III AND IV FLOOR, CAUVERY BHAVAN K.G. ROAD, BENGALURU – 560 009.

3 . THE NIRMITHA KENDRA BAGALKOTE DISTRICT REPRESENTED BY ITS EX-OFFICIO CHAIRMAN AND THE DEPUTY COMMISSIONER BAGALKOTE – 587 103, DISTRICT: BAGALKOTE.

4. SHRI SHIVAKUMAR NANJAYYA HIREMATH AGED ABOUT 50 YEARS OCC.:PROJECT DIRECTOR R/O NAVNAGAR BAGALKOTE – 587 102.

IMPLEASED AS R-4 VIDE ORDER DATED 11.09.2025 PASSED ON IA NO.02/2025.

... RESPONDENTS (BY SMT.GIRIJA HIREMATH HCGP FOR R-1 AND R-3;

SRI VIJAYAKUMAR V.B., ADVOCATE FOR R-2 SRI JAGADISH PATIL AND SRI VYAS DESAI, ADVOCATES FOR R-4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO I. WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTIONS QUASHING THE IMPUGNED ORDER BEARING NO. fC¨Á/DgïDgï¹/¹Dgï-02/2023- 24/376/1 DATED 29.06.2024 PASSED BY THE RESPONDENT NO.3 AS PER ANNEXURE-J.

THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 30.01.2026, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA

CAV ORDER

The petitioner is before this Court calling in question an order dated 29-06-2024 passed by the 3rd respondent, which now shoots at the post of the Project Director at Nirmithi Kendra, Bagalkote.

2. Heard Sri A.S.Patil, learned counsel appearing for the petitioner, Smt. Girija Hiremath, learned High Court Government Pleader appearing for respondents 1 and 3, Sri Vijayakumar V.B., learned counsel appearing for respondent No.2 and Sri Jagadish Patil, learned counsel appearing for respondent No.4.

3. Facts, in brief, germane are as follows: -

3.1. The petitioner was initially serving as Yojana Vyavastapakru (Project Manager) at Nirmithi Kendra, Karwar. The Governing Body of Nirmithi Kendra of Bagalkote District resolved to appoint the petitioner as its Project Director. Consequently, an appointment order was issued on 16-08-2012 appointing the petitioner as Project Director of Nirmithi Kendra. After about 10 years of functioning of the petitioner, owing to the allegation of amassing wealth disproportionate to his known source of income, the then Anti-Corruption Bureau (‘ACB’ for short) registers a crime in Crime No.10 of 2022 for offences punishable under Sections 13(1)(b) and 13(2) of the Prevention of Corruption Act,1988. The source report so drawn was disproportionate assets to the tune of 186%. The registration of crime was challenged before this Court in Writ Petition No.105147 of 2023. This Court rejects the Writ Petition by holding that the Project Director of Nirmithi Kendra was a public servant and the case was marred with corruption.

3.2. Pursuant to the rejection of the writ petition, it appears that the Government issues a circular restraining all concerned authorities from making appointments to the posts of Project Director in Nirmithi Kendras without prior approval of the Government. One S.N. Hiremath was proposed to be appointed as in-charge Director in place of the petitioner and the petitioner was taken out of the said post. On 29-06-2024, the in-charge Project Director assumes charge of the post. Being aggrieved by the appointment of Sri S.N. Hiremath as Project Director, the petitioner p

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