- 1 - NC: 2025:KHC:17804 WP No. 11825 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 11825 OF 2025 (S-RES) BETWEEN: SRI. PRADEEP KUMAR N., SON OF NAGARAJAIAH, AGED ABOUT 35 YEARS WORKING AS ADTP, BBMP SOUTH ZONE, NEAR SOUTH END CIRCLE, JAYANAGAR, BANGALORE PIN CODE-560041 …PETITIONER (BY SRI. VIGHNESHWAR S. SHASTRI, SENIOR ADVOCATE FOR SRI. PUNITH C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIKAS SOUDHA BANGALORE-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE BANGALORE, PIN CODE-560001 3. DEPUTY COMMISSIONER (ADMIN) BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE, PIN CODE-560001 …RESPONDENTS (BY SRI. SHIVAPRABHU S. HIREMATH, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1; SRI. B.L.SANJEEV, ADVOCATE FOR RESPONDENT NOS.2 AND 3) Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17804 WP No. 11825 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 AND 3 TO IMPLEMENT THE DIRECTIONS OF THIS HON'BLE COURT VIDE ORDER DATED 16.01.2025 IN W.P.NO.25135/2024 (S- TR) AS PER ANNEXURE-C AND THEREBY TO FILL UP THE POST OF THE ADTP IN ACCORDANCE WITH THE BBMP (GENERAL CADRE AND RECRUITMENT OF OFFICERS AND EMPLOYEES RULES) AS PER ANNEXURE-D AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for a writ in the nature of mandamus to direct the respondent Nos.2 and 3 to implement the directions of this Court issued in W.P.No.25135/2024 and to fill up the post of Assistant Director of Town and Country Planning (for short 'ADTP), in accordance with the Bruhat Bengaluru Mahanagara Palike (General) (Cadre and Recruitment of Officers and Employees), Rules, 2020 (for short 'Rules, 2020'). He also sought for a writ in the nature of certiorari to quash the impugned order dated 16.04.2025. 2. (i) The petitioner was working as Assistant Executive Engineer at the respondent No.1 from 10.01.2024. - 3 - NC: 2025:KHC:17804 WP No. 11825 of 2025 He was transferred as ADTP, Benglauru South Sub-Division vide order dated 09.09.2024. The petitioner took charge and was functioning as ADTP. He was also placed in additional charge of Assistant Executive Engineer, J.P. Nagar Sub-Division, Bengaluru. An incumbent officer at J.P.Nagar Sub-Division, Bengaluru who was aggrieved by the transfer of petitioner, filed W.P.No.25135/2024. This Court rejected the writ petition but issued further directions to fill up the post of ADTP in the 2nd respondent in accordance with Rules, 2020 and the petitioner was directed to be provided separate posting as the Assistant Executive Engineer within two weeks. (ii) The petitioner contends that he holds the post of Group 'A' officer in the respondent No.2 and the said post has to be filled up by deputation from amongst Assistant Directors of Town and Country Planning from the department of Town and Country Planning. He contends that the respondent No.3 without giving effect to the directions issued by this Court in W.P.No.23135/2024, has passed the impugned order relieving the petitioner from the post of ADTP and placed the petitioner substantively as Assistant Executive Engineer. The petitioner being aggrieved by the inaction on the part of respondent No.3, - 4 - NC: 2025:KHC:17804 WP No. 11825 of 2025 in not giving effect to the order passed in W.P.No.25135/2024 and his subsequent relieving from the post of ADTP and posting him substantively as Assistant Executive Engineer, has filed this writ petition. 3. The learned Senior Counsel for the petitioner contends that when the Rules, 2020 came into force, there were 07 posts of Assistant Director, Town and Country Planning which had to be filled up by deputation by the State Government from the officers belonging to the cadre of Assistant Director, Department of Town and Country Planning. He contends that presently there are 31 posts of ADTP in the respondent No.2/BBMP, out of which only 05 of them are from the Department of Town and Country Planning, while rest of them namely, 11 posts are filled up from the officers of Bruhat Bengaluru Mahanagara Palike, 05 posts from Public Works Department and 03 posts from Irrigation Department and 01 post from Rural Development and Panchayat Raj Department. He therefore contends that out of 31 posts, 26 postings are contrary to the Rules, 2020 and though this Court had issued a direction in W.P.No.25135/2024 to fill up the posts of ADTP in accordance with the Rules, 2020, no steps are taken till date. - 5 - NC: 2025:KHC:17804 WP No. 11825 of 2025 Therefore, he contends that a direction be issued to the respondent Nos.2 and 3 to comply with the order passed in W.P.No.25135/2024 by this Court and also to quash the order placing him substantively in the post of Assistant Executive Engineer. 4. The petition is opposed by the respondent Nos.2 and 3 who contend that the petitioner is posted as Assistant Executive Engineer pursuant to the order passed by this Court in W.P.No.25135/2024. They contend that the petitioner is not qualified to be deputed to the post of ADTP and therefore, he has no locus standi to file this writ petition. 5. Learned Additional Government Advocate for respondent No.1 also supports the contentions of learned counsel for the respondents. 6. I have considered the submissions of the learned senior counsel for the petitioner as well as the learned Additional Government Advocate for respondent No.1 and the learned counsel for the respondent Nos.2 and 3. - 6 - NC: 2025:KHC:17804 WP No. 11825 of 2025 7. The petitioner was placed in-charge of the post of ADTP and also placed in an additional charge of Assistant Executive Engineer. The Rules, 2020 which is placed on record shows that the post of ADTP had to be filled by deputation by the State Government from amongst the officers belonging to the cadre of Assistant Director of Town and Country Planning from the department of Town and Country Planning. This Court therefore, directed the respondent Nos.2 and 3 to fill up the posts of ADTP in accordance with Rules, 2020 and directed the respondent Nos.2 and 3 to accommodate the petitioner as Assistant Executive Engineer. It appears that the respondent Nos.2 and 3 have issued the impugned order bearing No.©12(6)¦Dgï/E-130190/25-26 dated 16.04.2025 relieving the petitioner from the post of ADTP and placed him as the Assistant Executive Engineer. 8. The petitioner admittedly did not belong to the cadre of Assistant Director, Department of Town and Country Planning, Government of Karnataka and therefore, he was not entitled to challenge either his relieving from the post of ADTP or to seek for any direction to implement the order passed by - 7 - NC: 2025:KHC:17804 WP No. 11825 of 2025 this Court in W.P.No.25135/2024. Any person aggrieved is only, officers who belong to that cadre who can compel the compliance of the order passed in W.P.No.25135/2024. 9. In that view of the matter, no indulgence can be shown to the petitioner in this writ petition. Hence the writ petition is dismissed. However, it is for the respondent Nos.2 and 3 to comply the order passed by this Court in W.P.No.23135/2024. 10. In view of dismissal of main appeal, pending interlocutory applications, if any, do not survive for consideration and the same stand disposed off. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 16