THE STATE OF KARNATAKA AND ORS v. NAGABHUSHANA AND ORS
WP/200622/2021 · 2025-04-29
K Natarajan, Vijaykumar A Patil
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12360 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12360 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-K:2563-DB WP No. 200622 of 2021
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 29TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE K NATARAJAN AND THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 200622 OF 2021 (S-KAT)
BETWEEN:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO GOVT, DEPARTMENT OF HOME, VIDHAN SOUDHA, BENGALURU – 560001.
2.
THE DIRECTOR GENERAL & INSPECTOR GENERAL OF POLICE, STATE OF KARNATAKA, NO. 2, NRUPATHUNGA ROAD, BENGALURU – 560001.
3.
THE INSPECTOR GENERAL OF POLICE NORTH EASTERN RANGE, KALABURAGI – 585105.
4.
THE SUPERINTENDENT OF POLICE, KALABURAGI DISTRICT, KALABURAGI – 585105. …PETITIONERS (BY SMT.ARCHANA TIWARI, AAG FOR SRI.MALLIKARJUN BASAREDDY, GA)
AND:
1.
NAGABHUSHANA S/O SHAMBHULINGAPPAJUMMANNA AGED ABOUT 59 YEARS,
Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC-K:2563-DB WP No. 200622 of 2021
ASSISTANT SUB INSPECTOR OF POLICE, FARTABAD POLICE STATION, KALABURAGI, DISTRICT KALABURAGI – 585105 R/O H.NO.5-14 BEHIND POLICE QUARTERS, MAHALAKSHMI LAYOUT, KALABURAGI – 585105.
2.
SRI SYED MAHEBOOB S/O SYED SAINUDDIN AGED ABOUT 52 YEARS, ASSISTANT SUB INSPECTOR OF POLICE, DCIB UNIT, O/O THE SUPERINTENDENT OF POLICE, KALABURAGI – 585105, DISTRICT KALABURAGI, R/O H.NO.15(A), ASI LINE, POLICE HEAD QUARTERS, KALABURAGI – 585105.
3.
SRI SHIVAPPA S/O ASISANGAPPA NILANKAR AGED ABOUT 46 YEARS, ASSISTANT SUB INSPECTOR OF POLICE, DISTRICT SPECIAL BENCH, POLICE BHAVAN, KALABURAGI – 585105. …RESPONDENTS (BY SRI.ANAND V.TURE, ADVOCATE AND SRI.PREETAM DEULGAONKAR, ADV. FOR R1 AND R2 SMT.SHILPA S.GOGI, ADVOCATE FOR R3)
THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR
ORDER OR DIRECTION TO QUASH THE ORDER PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL AT KALABURAGI IN APPLICATION NO.2200 TO 2202/2018 DATED 31.07.2020 AS PER ANNEXURE A.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K NATARAJAN AND HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL
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NC: 2025:KHC-K:2563-DB WP No. 200622 of 2021
ORAL ORDER
(PER: HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL)
This writ petition is filed seeking following prayer:
“Wherefore, it is most humbly prayed that the Hon’ble Court be pleased to: (1) Issue a writ of certiorari or any other appropriate writ or order or direction to quash the
order passed by the Karnataka Administrative Tribunal at Kalaburagi in Application No.2200 to 2202/2018 dated 31.07.2020 as per Annexure-A. (2) Pass any such appropriate order in light of facts and circumstances of the case.”
2. Smt.Archana Tiwari, learned Addl. Advocate General appearing for the petitoners submits that insofar as the respondent Nos.1 and 2 is concerned, they have already retired from the service on attaining the age of
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NC: 2025:KHC-K:2563-DB WP No. 200622 of 2021
superannuation and insofar as respondent No.3-Shivappa, who is working presently as Assistant Sub-Inspector of Police, his case would be considered as per the directions of the tribunal dated 31.07.2020 passed in Application Nos.2200-2202/2018. The said submission of the learned Addl. Advocate General is placed on record.
3. Per contra, Smt.Shilpa Gogi learned counsel appearing for the contesting respondents fairly submits that insofar as respondent Nos.1 and 2 is concerned, they are already retired and let the authority consider the case of respondent No.3 in accordance with the direction of the tribunal and as per the prevailing rules. Her submission is placed on record.
In view of the specific submission of the learned Addl. Advocate General, the writ petition is disposed of recording the submission that the petitioners would consider the case of respondent No.3 as per the direction of the tribunal dated 31.07.2020 passed in Application Nos.2200-2202/2018 within a period of three months.
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NC: 2025:KHC-K:2563-DB WP No. 200622 of 2021
With the above observations, the writ petition is
disposed of.
Sd/- (K NATARAJAN) JUDGE
Sd/- (VIJAYKUMAR A. PATIL) JUDGE
MSR List No.: 1 Sl No.: 26 CT: PS