- 1 - HC-KAR NC: 2025:KHC:21391-DB WP No. 17617 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR JUSTICE T.M.NADAF WRIT PETITION NO. 17617 OF 2025 (S-KSAT) BETWEEN: SRI SHAMBULINGA DHAGGE B R S/O RAMALINGAPPA S AGED ABOUT 47 YEARS WORKING AS FIRST DIVISION ASSISTANT OFFICE OF THE SUB REGISTRAR VARTHUR, BENGALURU -560 081 …PETITIONER (BY SHRI P.S.RAJAGOPAL, SR. COUNSEL FOR SMT.SHILPA RANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE (STAMPS AND REGISTRATION) M.S.BUILDING, BENGALURU -560 001 2. THE INSPECTOR GENERAL REGISTRATION AND COMMISSIONER OF STAMPS 8TH FLOOR, KANDAYA BHAVAN K G ROAD, BENGALURU -560 009 3. SRI B H JAGADEESH AGE : MAJOR WORKING AS FIRST DIVISION ASSISTANT Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21391-DB WP No. 17617 of 2025 O/O SUB REGISTRAR, KACHAKARANAHALLI, BENGALURU -560 045 UNDER AN ORDER OF TRANSFER AS FDA, O/O SUB REGISTRAR, VARTHUR BENGALURU -560 081 …RESPONDENTS (BY SHRI SATISH.K FOR C/R3 IN CP NO.12589/2025; SHRI B.RAVINDRANATH, AGA FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI ORDER OR DIRECTION, QUASHING THE IMPUGNED ORDER OF TRANSFER DATED 14/06/2025 BEARING NO.SIBBANDI-2-47/2025-26 PASSED BY THE 2ND RESPONDENT (ANNEXURE-A7 TO A.NO.2601/2025). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioner – First Division Assistant who is under transfer from the Sub Registrar’s Office, Varthur to the Sub Registrar’s office, Laggere is before this Court under Article 226 of the Constitution of India, aggrieved by rejection of interim prayer to stay the said transfer under Official Memorandum dated 14.06.2025, under impugned order dated 17.06.2025, in - 3 - HC-KAR NC: 2025:KHC:21391-DB WP No. 17617 of 2025 application No.2601/2025, passed by the Karnataka State Administrative Tribunal (for short ‘Tribunal), the petitioner is before this Court. 2. Heard learned Senior Counsel - Sri P.S. Rajagopal appearing on behalf of learned counsel - Smt. Shilpa Rani for the petitioner and learned counsel - Sri Satish K., caveator/respondent No.3 as well as learned Additional Government Advocate - Sri B. Ravindranath for respondent Nos.1 and 2. Perused the writ petition papers. 3. Learned Senior Counsel – Sri P.S. Rajagopal would submit that the petitioner who is working as First Division Assistant at Sub Registrar’s Office, Varthur, reported to the said place on 01.12.2021 and has not completed his tenure of four years in the said place. It is submitted that the transfer is premature and the Tribunal erred in not appreciating the said fact and having come to the conclusion that the respondent No.3 has reported to duty at Sub Registrar’s Office, Varthur, rejected the interim prayer. It is submitted that the rejection of interim prayer where transfer is premature is wholly erroneous. Thus, he prays for allowing the writ petition. - 4 - HC-KAR NC: 2025:KHC:21391-DB WP No. 17617 of 2025 4. Per contra, learned counsel - Sri Satish K, for caveator/ respondent No.3 would invite attention of this Court to Annexure-R3 produced before the Tribunal. It is recorded that respondent No.3 has reported to duty and to that effect Senior Sub Registrar, Varthur has issued memorandum dated 16.06.2025. Thus, he prays for dismissal of the writ petition. 5. Learned Additional Government Advocate supports the impugned order and prays for dismissal of the writ petition. 6. Having heard the learned counsels for the parties and on perusal of the writ petition papers, we are of the considered view that the petitioner has not made out a case for interference in the interim order passed by the Tribunal. Granting or not granting of interim order is discretionary of the Tribunal and the said discretion is to be exercised depending on the facts and circumstances of the case judiciously. The Tribunal taking note of Annxure-R3, has prima-facie come to the conclusion that respondent No.3 has reported to duty at Sub Registrar Office, Varthur and petitioner has already been relieved from the Sub Registrar Office, Varthur, and has - 5 - HC-KAR NC: 2025:KHC:21391-DB WP No. 17617 of 2025 exercised its discretion. We don’t see any ground to interfere with the interim order passed by the Tribunal. 7. Accordingly, writ petition stands rejected. 8. However, the Tribunal is requested to dispose of the application as far as possible within four weeks. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE MR