1

IN THE HON’BLE HIGH COURT OF KARNATAKA AT BENGALURU

WRIT PETITION No. /2023 (S-KAT)
(SUPERVISORY JURISDICTION)

BETWEEN:

SRI. SHIVALINGAIAH & ORS …PETITIONER

AND

STATE OF KARNATAKA & ORS …RESPONDENTS

LIST OF DATES AND EVENTS

DATES EVENTS

1994-1995 The Petitioners were appointed as Extension officers in

the Department of Industries and Commerce

14.07.2001 Cadre and Recruitment Rules was published in Official

gazette providing the promotion to the posts of

Assistant Director and further promotion to the posts of

Deputy Director.

10.03.2003 Amendment to the 2001 Cadre and Recruitment Rules

was brought in.

14.10.2015 Petitioners were promoted as Assistant Director with a

retrospective date of 28.026.2012

21.11.2015 Direct recruitees was also done to the post of Assistant

Director

April 2017 Direct Recruitees reported for duty to the post of

Assistant Director on various dates in the month of April.

06.07.2020 Respondents have prepared a seniority and gradation

list in the cadre of Assistant Director of Industries and

Commerce. wherein the Petitioners names were shown

after the Direct recruitees.

 2

2020 Petitioners approached the Hon’ble Karnataka State

Administrative Tribunal in Application No. 2598-

2601/2020 challenging the final seniority list/ gradation

list dated 06.07.2020.

14.07.2023 The Hon’ble Karnataka State Administrative Tribunal

dismissed the Application by an order dated 14.07.2023.

Being aggrieved by the same Petitioners are before this

Hon’ble Court.

The Petitioners 1 to 3 were initially appointed on 1994 and 1995 as

an extension officer and was subsequently promoted as Industrial

promotion officer and was promoted along with the Petitioner 1 to

3 as Assistant directors and the Petitioners are presently working

as Deputy Directors of Industries and Commerce on officiating basis

after Rule 32 of KCSR and now are approaching this Hon’ble Court

that, the seniority list in the cadre of Assistant Director of Industries

and Commerce which has become final under the Karnataka Civil

Services (Promotion, Pay & Pension Regulation)Rule,1978 wherein

the dates of eligibility assigned to the Petitioner as per the order

dated 15.10.2015 and 4th Applicant as 01.11.2012 is being altered

to the disadvantage of the Petitioners without hearing the

Petitioners and without giving reasonable opportunity to the

Petitioners. Petitioners humbly submit that, once a list is prepared

under the Karnataka Civil Services (Promotion, Pay & Pension

Regulation) Rule,1978 is hereinunder referred to as ‘1978 rules’ and

once fixation is made in terms of rule 2 (3) of 1978 rules the same
 3

cannot be altered to the disadvantage of the Petitioners. Hence, the

principle laid down by the Hon’ble Apex Court in P.K. Roy’s case,

where Kicking down and kicking up should be preceded only after

personal hearing by applying the principles of natural justice.

Therefore, the Petitioners approached the Hon’ble KSAT in

Application No. 2598-2601/2020 and the Respondents have

published final list of seniority in the cadre of Assistant Directors of

Industries and Commerce vide gradation list dated 06.07.2020 and

the same is challenged on the ground that it is in violation of Article

14 & 16 of the Constitution of India before the Karnataka State

Administrative Tribunal in Application No. 2598-2601/2020.

The Hon’ble KSAT by an order dated 14.07.2023 dismissed the

Application. Being aggrieved by the order dated 14.07.2023

Petitioners are approaching this Hon’ble Court by invoking Article

226 and 227 of Constitution of India.

DATE: 19.08.2023
PLACE: BENGALURU ADVOCATE FOR PETITIONERS
 4

IN THE HON’BLE HIGH COURT OF KARNATAKA AT BENGALURU

WRIT PETITION No. /2023 (S-KAT)
SUPERVISORY JURISDICTION

BETWEEN: RANK OF THE PARTIES

BEFORE TRIBUNAL HIGH COURT
IN OA No. 2598-2601/2020

1 . SRI K SHIVALINGAIAH,
S/O LATE KAPANAIAH,
AGED ABOUT 53 YEARS,
WORKING AS JOINT DIRECTOR,
O/O. DEPARTMENT OF INDUSTRIES AND COMMERCE,
SOUTH BLOCK KHANIJA BHAVAN,
RACE COURSE ROAD,
BANGALURU560 001.
R/A # 87, 1ST CROSS 2ND MAIN,
PRAKRUTHI NAGAR, BYADARAHALLI,
BENGALURU-560 091. APPLICANT NO.1 PETITIONER NO.1

2 . SRI C S BABU NAGESH,

S/O LATE C N SHAMANNA,
AGED ABOUT 51 YEARS,
WORKING AS JOINT DIRECTOR,
O/O. DEPARTMENT OF INDUSTRIES,
AND COMMERCE, ADMINISTRATION
SOUTH BLOCK, KHANIJA BHAVAN,
RACE COURSE ROAD, 2
A.Nos.2598-2601/2020
BENGALURU-560 001.
R/A #6, 1ST MAIN, 1ST CROSS,
KHM BLOCK, R.T.NAGAR,
BANGALURU.-560032. APPLICANT NO.2 PETITIONER NO.2

3 . SMT N C POORNIMA,
W/O BASAVARAJU,
AGED ABOUT 52 YEARS,
WORKING AS JOINT DIRECTOR,
O/O. DEPARTMENT OF INDUSTRIES AND COMMERCE,
SOUTH BLOCK, KHANIJA BHAVAN,
RACE COURSE ROAD,
BANGALURU-560 001.
R/A # 49, 2ND CROSS,
YELAHANKA NEW TOWN,
BENGALURU-560 064. APPLICANT NO.3 PETITIONER NO.3

AND
 5

1 . THE STATE OF KARNATAKA

REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF INDUSTRIES AND COMMERCE
VIKAS SOUDHA, 3
A.Nos.2598-2601/2020
BANGALORE-560 001. RESPONDENT NO.1 RESPONDENT NO.1

2 . THE COMMISSIONER,
INDUSTRIAL DEVELOPMENT & DIRECTORATE OFFICE,
DEPARTMENT OF INDUSTRIES AND COMMERCE,
NO.49, KANIJA BHAVAN,
DEVARAJ ARUS ROAD,
BANGALURU-560 001. RESPONDENT NO.2 RESPONDENT NO.2

3 . MRS. PRIYANKA G DHAMMANAGI,

PRESENTLY WORKING AS ASSISTANT DIRECTOR,
KARNATAKA UDYOG MITRA
O/O. DEPARTMENT OF INDUSTRIES AND COMMERCE,
SOUTH BLOCK, KHANIJA BHAVAN,
RACE COURSE ROAD,
BANGALURU-560 001. RESPONDENT NO.3 RESPONDENT NO.3

4 . MR. A P PALANKAR,
S/O LATE PRABHAKAR,
AGED 62 YEARS
R/O MAHALASA NILAYA F-8/50,
GOKUL ROAD KUMARA PARK,
HUBLI-580030. RESPONDENT NO.4 RESPONDENT NO.4

5. SRI M N PRADEEP KUMAR,

S/O M C NARASIMHA SHASTRY,
AGED ABOUT 58 YEARS,
WORKING AS DEPUTY DIRECTOR,
KARNATAKA UDYOG MITRA,
O/O. DEPARTMENT OF INDUSTRIES
AND COMMERCE, SOUTH BLOCK,
KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU-560 001.
R/A 118, 5TH CROSS,
VYALIKAVAL SOCIETY
VIJAYANAGAR,
BANGALURU-560040. APPLICANT NO.4 RESPONDENT NO.5

MEMORANDUM OF WRIT PETITION UNDER ARTICLES 226 & 227

OF THE CONSTITUTION OF INDIA

The Petitioners begs to submit before this Hon’ble Court as follows;

 6

1. The address of Appellant for the purposes of service of court

notice and process is as shown in the cause title above. The

petitioner may also be served through their counsel Anusha. L

Advocate, M/s Balaji Associates, No. 24, 1st Floor, corner woods

Building, D Rajgopal Road, Sanjaynagar, Bengaluru-560094.

2. The addresses of Respondents for the purpose of service of

notices summons etc., to be issued from this Hon’ble Court are

mentioned in the above cause title.

3. The Petitioners humbly submits that, the Petitioners are

approaching this Hon’ble Court assailing the order passed by

Hon’ble Karnataka State Administrative Tribunal at Bengaluru in

OA No.2598-2601 of 2020 dated 14.07.2023 wherein Hon’ble

Tribunal dismissed the application. The copy of the Application

filed before Hon’ble KSAT in OA No. 2598-2601/2020 is herein

produced and marked as ANNEXURE-A. The copy of the

impugned order dated 14.07.2023 in OA No. 2598-2601/2020

produced and marked as ANNEXURE-B. The copy of the

statement of objections filed by Respondents is herewith marked

and produced as ANNEXURE-C. Being aggrieved by the order

dated 14.07.2023 Petitioners are approaching this Hon’ble Court

by invoking Article 226 and 227 of Constitution of India. The

copy of the IA for direction filed on 26.05.2021 and 29.03.2023

by the Applicants before the Hon’ble KSAT in OA No. 2598-

2601/2020 is herewith produced and marked as ANNEXURE-D

and E.

4. The Petitioners who were initially joined as Industrial Extension

Officer in the year 1994 / 1995. After acquiring the qualification

 7

of B.E./MBA from evening college, as per the Karnataka Industries

and Commerce Services (Recruitment)(Amendment) Rules 2003

(30%-Direct Recruitment, 60% - Promotion, 10% - Promotion by

Selection), petitioners have been given promotion as Asst. Director

of Industries & Commerce under 10% quota. The copy of the

posting as Industrial Extension Officer and copy of amended C&R

rules 2003 are herewith produced and marked as ANNEXURE ‘F’

& ‘G’.

5. Before a regular promotion as Assistant Director of Industries &

Commerce, the petitioners were kept under Rule 32 of Karnataka

Civil Services Rules, and after following due procedure prescribed

in the rule based on merit of marks obtained. The copies of the

DPC agenda dated 30.11.2009, DPC proceedings dated

23.04.2010 and postings under Rule 32 order dated 04.06.2010

are herewith produced and marked as ANNEUXRE ‘H’, ‘J’, & ‘K’.

The petitioners are at Sl. No. 2, 3 & 4 in the order. Thereafter a

regular promotion was given vide order dated 14.10.2015. The

petitioners are at Sl. No. 6, 12 & 18 in the order of their eligibility.

The copy of the Order is herewith produced and marked as

ANNEXURE ‘L’

6. It is humbly submitted that though the promotion has been given

in the year 2015, the date of eligibility of the Petitioners as

Assistant Director of Industries & Commerce was given with

retrospective effect from 28.06.2012 based on the proposal sent

by Respondent No. 2 dated 24.09.2016 to the KPSC and the said

proposal was followed by the proposal of the Additional Director

 8

(Administration) along with the list of promotees (including 60 %

and 10%) dated 27.12.2016 are herewith attached and marked as

ANNEXURE-M & N.

7. In furtherance to which the KPSC vide letter dated:17.06.2017 was

pleased to approve the proposal of the Respondent No.2, in

furtherance to which, the Respondent No. 2 vide order dated

21.06.2017 was pleased to accord retrospective promotion to,

interalia, the Petitioner with effect from 28.6.2012 (The petitioners

are at Sl. No. 1, 5 & 8 in the order). A copy of the KPSC letter

dated 17.06.2017 and order dated 21.06.2017 are herewith

produced and marked as ANNEXURE ‘P’, & ‘Q’.

8. It is humbly submitted as of today, there is no challenge to the

Order dated 21.06.2017 issued by Respondent No.2 or the letter

of the KPSC dated 17.06.2017.

9. The Petitioners humbly submits that the Respondent No. 3 was

appointed as Assistant Director of Industries & Commerce in a

direct recruitment quota as per the C&R RULES, and reported for

duty on 10.04.2017.

10. The Direct recruitees would get a seniority from the date of

reporting for duty and not on the date of occurrence of the

vacancy. So far as the promotee (the Petitioners) are concerned,

the promotee is entitled as on the date of eligibility within their

quota i.e., 28.06.2012 (10% quota). The copy of the order of

 9

select list of the direct recruitees are herewith produced and

marked as ANNEXURE ‘R’.

11. The Petitioner humbly submits that in the provisional gradation

list, the petitioners have been assigned the date of eligibility as

28.06.2012 which is being accepted by the petitioners. However,

objections have been filed about incorrect ranking assigned to the

direct recruitees. The final list dated 06.07.2020 came to be

published and the eligibility of the petitioner was totally altered

(only petitioner at Sl.No.2 has been given eligibility date as

27.03.2017 and others have not been given date of eligibility

leaving blank) and the persons who have been subsequently

appointed, after the eligibility date of 28.6.2012, have been placed

above the petitioners.

12. Aggrieved by the same, the Petitioners filed application before the

Hon’ble Tribunal in Application No.2598-2601/2020 solely on the

ground that the petitioners have been pushed down without notice

and without hearing the petitioners, the impugned list came to be

published. The tribunal admitted the matter and listed for hearing.

When the application is pending, there were following

developments:

i) The seniority list dated:31.05.2021 prepared by the

Government under Rule 10 with due approval of DPAR

came to be quashed by the tribunal in application

No.2427-33/2021. Copy of the order quashing the

seniority list is herewith produced and marked as

 10

ANNEXURE ‘S’ and thereafter a review application

39/2022 was filed by the Government and R.A.No.146

to 155/2021 was filed by the other private parties. In

the review applications, there was a difference of

opinion between the judicial and administrative

members of the Tribunal dtd:10.02.2023 which is as

follows:

a) the Judicial member did not agree the earlier

quashing of notification order and allowed the
review applications; and
b) the administrative member agreed to quash
the notification order and dismissed the review
applications.
Copy of the order passed in the review petition
is herewith produced and marked as
ANNEXURE ‘T’.

ii) The review applications were referred to the Third

member of the Hon’ble KAT in view of divergent opinion

by the Hon’ble KAT in its Order dated 10.02.2023. The

Hon’ble Third Judge allowed the review applications and

recalled the order dtd:12.11.2021 passed in A.No.2427

to 2433/2021 on 26th May 2023.

Copy of the order is herewith produced and marked as

ANNEXURE ‘V’.

iii) A writ petition has been filed challenging order of the

third judge in the Hon’ble High Court an order has been

passed on 12.07.2023. Paragraph 7, 8 & 9 of the order

dated 12.07.2023 reads as follows:

7) We have perused the judgment of the third

Member and the dissenting Judicial Member
and we find that both the Judicial Members
have unfortunately acted as Courts of appeals
and have literally sat in judgment and
 11

rendered findings on the merits of the order.

The grounds of attack would prima-facie
demonstrate that the grounds urged in
support of the review application are in the
nature of grounds of appeal, which in our
considered opinion is impermissible. The
Hon’ble Apex Court in its latest judgment has
examined the law in this regard and reiterated
the scope of a review petition in the case of
S.Madhusudhan Reddy vs. V. Narayana Reddy
and Others. The findings recorded and the
principles laid down in paras16 to 41. The
same would clearly demonstrate that the
order allowing the review application is per-se
unsustainable and warrants interference at
the hands of this Court.
8) In view of the above position, we have no
hesitation in setting at naught the orders
passed by the Tribunal on the review
application. Accordingly, the orders passed on
the review applications, i.e. R.A. No.39/2022
and R.A. Nos.146-155/2021, are hereby set-
aside. The matters are remitted back to the
Tribunal to be heard and disposed of by
separate orders and in accordance with law.
While disposing of the review applications, the
Tribunal shall bear in mind the law as settled
by the Hon’ble Apex Court noted supra in this
order and dispose 2 2022 SCC OnLine SC 1034
of the same as expeditiously as possible, at
any rate within an outer limit of one month.
9) While hearing the second review application
by the private respondents, the Tribunal shall
bear in mind the law settled in Rajeev
Kumars& Another vs. Hemraj Singh Chauhan
& Others.

13. The Petitioners humbly submit that when the matters were

remanded back before the KAT, and the application filed by the

writ petitioners were listed on 25.05.2023 and 30.06.2023. In

view of the order passed in the review application by the third

judge, the counsel on behalf of the petitioner argued that “at

present the order passed by the tribunal in S.R.Harijan’s case who

 12

is at Sl.No.9 (in order dtd:21.06.2017. The order passed by the

Hon’ble Tribunal in Application No.4003/2020 may be applicable to

the Petitioners.

14. Thereafter the matter came to be adjourned to find out the result

of the review petition. After the review came to be disposed of, the

matters were listed for final disposal and the petitioners humbly

submit that the petitioners thought that the matter would be

covered by the order passed in S.R. Harijan matter. The copy of

the order passed in OA No. 4003/2020 dated 02.03.2023 is

herewith produced and marked as ANNEXURE ‘W’.

15. The tribunal rejected the application filed by the petitioner, without

even reference to the order passed by the Hon’ble High Court even

without grating the similar order passed in Harijan application

No.4003/2020. The copy of the impugned order dated 14.07.2023

passed in Application No2598-2601/2020 is under challenge in the

present Writ Petition.

16. Being aggrieved of the order dated 14.07.2023 passed in

Application No2598-2601/2020 by the tribunal, the petitioner

having no other alternative or efficacious remedy, begs to approach

this Hon’ble court among the following other grounds, that may be

urged at the time of final hearing.

GROUNDS

17. The tribunal committed illegality and apparent on the face of the

records even though the earlier review order has been set aside in
 13

W.P. No.12432/2023 (herein produced as ANNEXURE-X) and

remitted the matter back, the tribunal by dismissing the present

application, which has got a direct effect on the pending review

application and also other applications, those applications would

stand governed by an order passed now in the application of the

petitioners i.e., the impugned order herein. Therefore, the order of

the Hon’ble High Court has not been implemented and is not carried

out and not complied and the dismissal of the application No.2598-

2601/2020 caused injustice to the petitioner. Therefore, the

impugned order is liable to be set aside.

18. The order which has been passed by the tribunal is contrary to the

order passed by the Hon’ble High Court of 12.7.2023 passed in

W.P.No.12432/2023. Therefore, the order is liable to be set aside.

19. The dismissal of the main application is in violation of principles of

natural justice because the names which have been shown by the

respondents in the provisional list have been pushed down in the

final list of seniority without notice to the petitioner and without

hearing the petitioners. Therefore, altering the ranking of the

petitioners is in utter disregard of the principles of natural justice.

Petitioners have not been heard. Therefore, the order is liable to

be set aside on the ground that it is in violation of the principles of

natural justice and the same cannot be sustainable and the final list

is without hearing the petitioners.

 14

20. The petitioners humbly submit that the tribunal has committed a

serious error when the date of eligibility which has been assigned

to S.R.Harijan who is at Sl.No.9 as 18.09.2012 in the same order

dated 21.06.2017, the dates of eligibility has been assigned to the

petitioners as 28.6.2012, even the period under rule 32 of KCSRs

has not been taken into consideration, the tribunal atleast should

have granted, a permission to the petitioner to urge before the

authorities about the inclusion of services rendered under rule 32

period from 04.06.2010 to 28.06.2012 and till the final disposal of

the final seniority list, the dates of eligibility assigned to the

petitioners on 28.6.2012 should have been granted to the

petitioners as has been done in the case of S.R.Harijan in

Application No.4003/2020. By not considering the said prayer the

petitioner would be put to hardship and mental agony which cannot

be compensated in terms of money.

21. Even though the matters have been remitted by this Hon’ble Court

in W.P. No. 12432/2023 vide order dated 12.07.2023 was pleased

to remand the matter back to the Hon’ble KAT to reconsider with

the following observations:

In view of the above position, we have no hesitation in

setting at naught the orders passed by the Tribunal on the
review application. Accordingly, the orders passed on the
review applications, i.e. R.A. No.39/2022 and R.A.
Nos.146-155/2021, are hereby set-aside. The matters are
remitted back to the Tribunal to be heard and disposed of
by separate orders and in accordance with law. While
disposing of the review applications, the Tribunal shall
bear in mind the law as settled by the Hon’ble Apex Court
noted supra in this order and dispose 2 2022 SCC OnLine
SC 1034 of the same as expeditiously as possible, at any
rate within an outer limit of one month.
 15

22. Despite being aware of the Order dated 12.07.2023, the Hon’ble

KAT vide the impugned order has upheld the seniority list dated

06.07.2020 despite the same being impugned/challenged in R.A.

No.39/2022 and R.A. Nos.146-155/2021. Therefore, the order is

liable to be set aside as contrary to the directions issued by this

Hon’ble Court.

23. The Petitioners are presently working as a Joint Director of

Industries & Commerce Department. There will be a further

promotion in the Department, therefore the dates of eligibility

assigned to the petitioner as 28.6.2012 should not be altered, the

same should be continued for the purpose of further consideration

in the department for granting any benefits either financial or

seniority benefits. Therefore, the tribunal has committed an error in

dismissing the application.

24. Hence the petitioner humbly submits that the order of the tribunal

may kindly be stayed and the interim direction may kindly be issued

to the respondents that the date of eligibility granted to the

petitioners as 28.6.2012 as eligibility date shall not be altered and

the same shall be continued as has been granted in S.R.Harijan’s

case in application No. 4003/2020 disposed of on 02.03.2023

(ANNEXURE ‘M’) and pass any appropriate direction or orders under

the circumstances of the case during the pendency of the case. If

the above order interim order is denied, the petitioner would be put

to hardship and mental agony which cannot be compensated in

terms of money.
 16

PRAYER

WHEREFORE, the Petitioners humbly prays that this Hon’ble court

may kindly be pleased to: -

i) Issue a Writ of Certiorari quash the order of the tribunal dated

14.07.2023 passed in application No.2598-2601/2020 at

ANNEXURE-B and declare that the rejection of the application

would be contrary to the order passed by this Hon’ble Court

passed in W.P. No.12432 of 2023 dated 12.07.2023 at

ANNEXURE-X and pass any appropriate order or direction as

deems fit by this Hon’ble court in the circumstances of the case.

ii) Issue a Writ of Mandamus directing the respondents to continue

the dates of eligibility assigned to the petitioners as 28.06.2012

by an order dated 21.06.2017as per ANNEXURE-A7 till

finalization of the seniority list and extend all benefits to the

Petitioners and also extend the benefit of the order dated

02.03.2023 passed in Application No.4003/2020 (ANNEXURE

- W) and further prayer to hear the Petitioners before altering

their eligibility dates in the seniority list.

iii) pass any appropriate order or directions as deems fit by this

Hon’ble court in the circumstances of the case to meet the ends

of justice.

INTERIM PRAYER

For the reasons stated supra, this Hon’ble court may kindly be

pleased to pass an interim order staying the impugned order

passed by the Hon’ble KSAT in OA No. 2598-2601/2020

(ANNEXURE-B) and directing the respondent to continue the

 17

dates of eligibility as Asst. Director of Industries & Commerce

as per the order dated 21.06.2017(ANNEXURE-A7) treating

the eligibility as 28.06.2012 for all practical purposes till the

final disposal of the proceedings before the Tribunal or till the

publication of the final seniority list of Asst. Directors of

Industries & Commerce or during the pendency of the W.P. and

pass any appropriate directions or order, during the pendency

of writ petition to meet the ends of justice.

BANGALORE

DATE: ADVOCATE FOR PETITIONER

ADDRESS FOR SERVICE

ANUSHA L ADVOCATE
BALAJI ASSOCIATES
NO.24 CORNER WOODS BUILDING
ABOVE KARNATAKA BANK SANJAYANAGAR
BENGALURU-560094
EMAIL: [email protected]
Phone No. 9164748450
 18

IN THE HON’BLE HIGH COURT OF KARNATAKA AT BENGALURU

WRIT PETITION No. /2023 (S-KAT)

BETWEEN:

SRI. SHIVALINGAIAH & ORS …PETITIONER

AND

STATE OF KARNATAKA & ORS …RESPONDENTS

INDEX

SL NO PARTICULARS PAGE NO

1. Synopsis

2. Memorandum of Writ Petition under Article 226

and 227 of Constitution of India
3. Verifying Affidavit

4. ANNEXURE-A
Copy of the Application filed before Hon’ble KSAT
in OA No. 2598-2601/2020
5. ANNEXURE-A1
Copy of the C & R rules of 2001
6. ANNEXURE-A2
Copy of the C & R Rules amended notification
dated 10.03.2003
7. ANNEXURE-A3
The copy of the seniority list dated 06.07.2020.
8. ANNEXURE-A4
The copy of the order dated 21.06.2017
9. ANNEXURE-A5
The copy of the notification of Direct recruitment
dated 21.11.2015.
10. ANNEXURE-A6
The copy of the order dated 23.12.2016
11. ANNEXURE-A7
The copy of the order dated 25.01.2017.
12. ANNEXURE-A8
The copy of the order dated 02.02.2017.
 19

13. ANNEXURE-B
Copy of the impugned order dated 14.07.2023
passed in OA No. 2598-2601/2020
14. ANNEXURE-C
Copy of the statement of objections filed by the
respondent
15. ANNEXURE-R1
Copy of the Amended C & R Rules of 2003
16. ANNEXURE-R2
Copy of the circular dated 04.06.2019
17. ANNEXURE-R3
Copy of notification dated 14.06.2019
18. ANNEXURE-R4
Copy of the office order dated 04.03.2020
19. ANNEXURE-R5
Copy of the order dated 15.05.1997
20. ANNEXURE-R6
Copy of the gazette notification dated 08.11.2013
21. ANNEXURE-R7
Copy of the Official Memorandum dated
05.07.1976
22. ANNEXURE-R8
Copy of the notification dated 27.06.2023
23. ANNEXURE-R9
Copy of the letter dated 25.02.2021
24. ANNEXURE-R10
Copy of the notification dated 31.05.2021
25. ANNEXURE-R11
Copy of the notification dated 21.06.2021
26. ANNEXURE-R12 & R13
Copy of the office order dated 02.02.2017
27. ANNEXURE-R14
Copy of the proceedings of the Government of
Karnataka
28. ANNEXURE-D
 20

Copy of the IA for direction filed by the Applicants

in OA No. 2598-2601/2020 dated 26.05.2021
29. ANNEXURE-A9
Copy of the order dated 09.10.2020
30. ANNEXURE-A10
Copy of the order dated 28.10.2020
31. ANNEXURE-A11
Copy of the order dated 05.04.2021
32. ANNEXURE-E
Copy of the IA for direction filed by the Applicants
in OA No. 2598-2601/2020 dated 29.03.2023
33. ANNEXURE-A12
Copy of the order of Additional Director dated
17.08.2019
34. ANNEXURE-A13
Copy of order in Application No. 4003/2020 dated
02.03.2023
35. ANNEXURE-F
Copy of the appointment order dated 07.04.1994
and 31.03.1995
36. ANNEXURE-G
Copy of the Amended Rules of 2003
37. ANNEXURE-H
Copy of the notice dated 12.11.2009
38. ANNEXURE-J
Copy of the letter dated 07.05.2010
39. ANNEXURE-K
Copy of the notification dated 04.06.2010
40. ANNEXURE-L
Copy of the office order dated 14.10.2015
41. ANNEXURE-M
Copy of the letter dated 24.09.2016
42. ANNEXURE-N
Copy of the letter dated 27.12.2016
43. ANNEXURE-P
Copy of the letter dated 17.06.2017
 21

44. ANNEXURE-Q
Copy of office order dated 21.06.2017
45. ANNEXURE-R
Copy of the notification dated 16.11.2016
46. ANNEXURE-S
Copy of the order dated 12.11.2021 in Application
No. 2427-2433 of 2021
47. ANNEXURE-T
Copy of the order dated 10.02.2023 in Review
Application No. 39 of 2022 along with RA No. 146-
155 of 2022
48. ANNEXURE-V
Copy of the order dated 26.05.2023 in RA No.
39/2022 and 146-155/2022 Third bench
49. ANNEXURE-W
Copy of the order dated 02.03.2023 in Application
No. 4003/2020
50. ANNEXURE-X
Copy of the order dated 12.07.2023 in WP No.
12432/2023
51. VAKALATHNAMAS

52. IA FOR DISPENSATION OF TRANSLATED

COPIES

DATE: 19.09.2023

PLACE: BENGALURU ADVOCATE FOR PETITIONERS

 22

IN THE HON’BLE HIGH COURT OF KARNATAKA AT BENGALURU

PRESENTATION FORM
W.P. (FR) No. / 2023(S-KAT)
W.P. No.: /2023(S-KAT)

Serial No. ___________ BENGALURU_DISTRICT

ANUSHA L BETWEEN
Balaji associates
#24, 1st Floor, Corner Woods Sri. K Shivalingaiah & Ors
Building. Rajgopal Road,
Above Karnataka Bank And
Sanjaynagar, Bengaluru – 560 094
Contact No. 9164748450, State of Karnataka & Ors
[email protected]

Sl No. Description of Paper Presented Court Fee Affixed On the paper

1. On the Memo of Writ Petition ………….

2. On the Memo of Appeal ………….

3. On Vakalath ………….

4. On certified Copies ………….

5. On I.A. No. ____/2023 ………….

6. On Process Fee ………….

7. On Copy Application ………….

8. ___________________ ………….

9. ___________________ ………….

10. ___________________ ………….

Number of Copies Furnished Other side served

Presented by

Advocate for Petitioner/

Appellant / Respondent Received paper as above

Advocate’s Clerk

Place: Bengaluru Receiving Clerk

Date: 19.08.2023
 23

IN THE HON’BLE HIGH COURT OF KARNATAKA AT BENGALURU

WRIT PETITION No. /2023 (S-KAT)

BETWEEN:
SRI. SHIVALINGAIAH & ORS …PETITIONER
AND
STATE OF KARNATAKA & ORS …RESPONDENTS
AFFIDAVIT

I, Sri K Shivalingaiah, S/O Late Kapanaiah, , Aged About 53 Years,

Working As Joint Director, O/O. Department Of, Industries And

Commerce, , South Block Khanija Bhavan, , Race Course Road, ,

Bangaluru-560 001. , R/A # 87, 1st Cross 2nd Main, , Prakruthi Nagar,

Byadarahalli, Bengaluru-560 091. Today At Bengaluru Do Here By

Solemnly State On Oath As Follows;

1. I am the Petitioner in the above Petition. I know the facts and

circumstances of the case. Hence, I am swearing to this affidavit.

2. The averments made in Paragraph 1 to in the Writ Petition

accompanying this affidavit are true to the best of my knowledge,

information and belief.

3. The ANNEXURES A to are the true copies of its originals

and what are all stated above are true and correct.

Solemnly sworn to before DEPONENT

me by the said Sri. K
Shivalingaiah, on this, the
___ day of 2023, at
Bengaluru.

NOTARY

IDENTIFIED BY ME:

ADVOCATE