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2025 DAILYLAW 26296 (KAR)

S MAHESH v. THE STATE OF KARNATAKA

WP/13796/2025 · 2025-05-13

H P Sandesh, Ramachandra D Huddar

body2025

Judgment text

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- 1 - NC: 2025:KHC:18221-DB WP No. 13796 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MAY, 2025 PRESENT THE HON'BLE MR JUSTICE H.P.SANDESH AND THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO. 13796 OF 2025 (S-KSAT) BETWEEN: 1. S. MAHESH SON OF B.SIDDARAJU AGED ABOUT 54 YEARS DY.TAHSILDAR NADAKACHERI, TALAGUNDA SHIKKARIPURA TALUK SHIVAMOGGA DISTRICT PIN – 577 428 ALSO RESIDING AT: NO: ‘SRI DEVI NILAYA’ 2ND CROSS, CHAWKISALMATT SHIRALAGOPPA, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT-577 428. …PETITIONER (BY SRI. SANDESH KUMAR M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPT. OF REVENUE, M.S.BUILDING, AMBEDKAR VEEDHI, BANGALORE - 560 001. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18221-DB WP No. 13796 of 2025 2. REGIONAL COMMISSIONER, BANGALORE DIVISION, DEPT. OF REVENUE AND NODAL OFFICER, EX.OFFICIO SECRETARY ECONOMICS OFFENCES 2ND FLOOR, B.M.T.C.BUILDING K.H.ROAD, SHANTI NAGAR BANGALORE - 560 027. …RESPONDENTS (BY SRI. V. SHIVAREDDY, AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 09/04/2025 PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION NO.1255/2025, IN SO FAR AS NON-GRANT OF INTERIM ORDER OF STAY OF THE IMPUGNED ORDER OF SUSPENSION DATED 05/04/2025 IS CONCERNED, AS SOUGHT FOR BY THE PETITIONER (ANNEXURE-A) AND CONSEQUENTLY GRANT INTERIM RELIEF AS PRAYED FOR BY THE PETITIONER IN APPLICATION NO.1255/2025, DURING THE PENDENCY OF THE SAID APPLICATION AND PASS ANY OTHER APPROPRIATE ORDER, INCLUDING THE COST OF THIS WRIT PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.P.SANDESH AND HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR ORAL ORDER (PER: HON'BLE MR JUSTICE H.P.SANDESH) Heard learned counsel for petitioner and learned Additional Government Advocate for respondent Nos.1 and 2. - 3 - NC: 2025:KHC:18221-DB WP No. 13796 of 2025 2. This writ petition is filed praying to set aside the order of Karnataka State Administrative Tribunal, Bengaluru (‘the KAT’ for short) dated 09.04.2025 passed in Application No.1255/2025 at Annexure-A, wherein an observation is made by KAT that after perusal of the entire materials, we are of the considered view that it is not a case for grant of ex-parte stay dispensing notice as required under Section 24 of the Administrative Tribunal Act, 1985. Prior notice has to go to the respondents and also observed that learned Additional Government Advocate is directed to accept notice on behalf of respondent Nos.1 and 2 and directed to post the matter on 07.05.2025 for reply. 3. Now, learned counsel for the petitioner would submit that matter was posted to 07.05.2025 and long adjournment was given for about more than six weeks. Hence, there is an exigency to pass the order staying the impugned order. 4. Having considered the reasons given by the KAT as well as when KAT comes to the conclusion that notice has to go to the respondents and once the date was fixed on 07-05-2025, - 4 - NC: 2025:KHC:18221-DB WP No. 13796 of 2025 even if objections were not filed, the KAT ought to have given shorter date, but instead given longer date. 5. Learned Additional Government Advocate for respondent Nos.1 and 2 submits that he will file statement of objections within a week and matter can be considered with regard to interim prayer is concerned. Having taken note of said submission, learned Additional Government Advocate for respondent Nos.1 and 2 is directed to file reply within one week from today and KAT is directed to consider the interim application within the end of this month i.e., 31.05.2025. With the above direction, the writ petition stands disposed off. All contentions of the parties are kept open to be urged before KAT. Sd/- (H.P.SANDESH) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE ST List No.: 1 Sl No.: 16