- 1 - HC-KAR NC: 2025:KHC-K:3037 WP No. 203854 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 203854 OF 2024 (S-PRO) BETWEEN: SHIVAKUMAR BAGEWADI S/O SANGAPPA BAGEWADI, AGE: 41 YEARS, OCC: FIRE STATION OFFICER AIRPORT VIJAYAPURA, R/O: VIJAYAPURA, DIST: VIJAYAPURA. …PETITIONER (BY SMT. HEMA L.KULAKARNI AND SRI MANJUNATH GINNI, ADVS.) AND: 1. THE STATE OF KARNATAKA, SOCIAL WELFARE DEPARTMENT, THROUGH ITS PRINCIPAL SECRETARY, VIDHAN SOUDHA, BANGALORE – 01. 2. THE SECRETARY, DEPARTMENT OF BACKWARD CLASSES DEVELOPMENT, VIKASA SOUDHA, BANGALORE – 01. 3. THE COMMISSIONER, BACKWARD CLASSES DEVELOPMENT DEPARTMENT D. DEVARAJU ARASU BHAVAN, VASANT NAGAR, BANGALORE - 01. 4. THE DIRECTOR GENERAL OF POLICE AND FIRE AND EMERGENCY SERVICES DEPARTMENT, GOVERNMENT OF KARNATAKA, NO 1, ANNASWAMY MUDALIAR ROAD, BANGALORE – 560 042. Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3037 WP No. 203854 of 2024 5. RAVIKUMAR CHAVADI S/O AGE: 39 YEARS, OCC: FIRE STATION OFFICER, MUNDARAGI, DIST: GADAG, R/O: MUNDARAGI, DIST: GADAG – 582 118. …RESPONDENTS (BY SRI GOPAL KRISHNA YADAV, H.C.G.P., FOR R1 TO R4; SRI THYAGARAJA S. AND SRI S.S.HIREMATH, ADVS. FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE WRIT OF CERTIORARI QUASHING THE IMPUGNED CIRCULAR DATED 11.10.2023 IN FILE NO.BCMD 26 BCA 2022 PASSED BY RESPONDENT NO.2 AS PER ANNEXURE-E, B) ISSUE WRIT OF CERTIORARI QUASHING THE IMPUGNED PROMOTION LIST DATED 07.12.2024 IN FILE NO: STAFF (6)10/2016-17 (PART-1) PASSED BY RESPONDENT NO:4 AS PER ANNEXURE-H, C) ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO:2 TO CONSIDER THE REPRESENTATIONS DATED 05.10.2024, 06.10.2024, 14.11.2024 AS PER ANNEXURE-G, G1 AND G2 TO PROMOTE THE PETITIONER FOR THE POST OF DISTRICT FIRE STATION OFFICER. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Learned High Court Government Pleader for official respondents and counsel for respondent no.5 submit that relief sought in this writ petition i.e. promotion in Karnataka State Fire and Emergency Services Department would fall within definition of Section 3(q) of the Administrative Tribunals Act, 1985 and therefore, petitioner approaching High Court without filing application before Administrative Tribunal in first instance - 3 - HC-KAR NC: 2025:KHC-K:3037 WP No. 203854 of 2024 would be barred as held by Hon’ble Supreme Court in case of L. Chandrakumar v. Union of India and Others reported in (1997) 3 SCC 261. Therefore, writ petition would not be tenable. 2. Submission carries weight. Though, learned counsel for petitioner submits that petitioner has challenged a circular issued by department, even said relief could also be sought in an application filed under Section 19 of Administrative Tribunal Act. 3. Hence, writ petition is dismissed as not maintainable with liberty to approach Tribunal. Sd/- (RAVI V HOSMANI) JUDGE NJ List No.: 2 Sl No.: 12 Ct;Vk