Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 34131 (KAR)

DR ASHA BHARATH v. THE STATE OF KARNATAKA

WP/27512/2024 · 2025-04-28

Krishna S Dixit, Ramachandra D Huddar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:17381-DB WP No. 27512 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO. 27512 OF 2024 (S-KSAT) BETWEEN: DR. ASHA BHARATH D/O LATE KITTEGOWDA AGED ABOUT 45 YEARS, WORKING AS JOINT DIRECTOR, KIADB, BENGALURU R/AT G4, MAHALAKSHMI RESIDENCY, RAMAKRISHNA MUTT ROAD, GANGAMMA TEMPLE STREET, ASHOK NAGAR, T G NAGAR, BASAVANAGUDI, BENGALURU-560 050. …PETITIONER (BY SRI. VIJAYA KUMAR.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT, NO.428/-A, VIKASA SOUDHA, BENGALURU-560 001. 2. THE STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY URBAN DEVELOPMENT DEPARTMENT, NO.428/-A, VIKASA SOUDHA, BENGALURU-560 001. 3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS SECRETARY, NO.49, E WING, KANIJA BHAVAN, Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17381-DB WP No. 27512 of 2024 RACE COURSE ROAD, BENGALURU-560 001. …RESPONDENTS (BY SRI.B RAVINDRANATH., AGA FOR R1 & R2; SRI.ASHOK N NAYAK.,ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 01.10.2024, PASSED BY THE HON’BLE TRIBUNAL IN A.NO-3388/2024 (ANNEXURE-A) AND ALLOW THE APPLICATION AS PRAYED FOR THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT AND HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR ORAL ORDER (PER: HON'BLE MR JUSTICE KRISHNA S DIXIT) This Writ Petition has the following prayers: “(i) TO SET ASIDE the order dated 01.10.2024, passed by the Hon’ble Tribunal in Application.No-3388/2024 (Annexure-A) and allow the application as prayed for; and (ii) To pass such other order as this Hon’ble Court deems fit in the facts and circumstances of the case.” 2. The matter does not require deeper consideration inasmuch as, learned Panel Counsel appearing for the KIADB submits that the relief prayed for in the subject Application be granted since that is the - 3 - NC: 2025:KHC:17381-DB WP No. 27512 of 2024 Policy decision of his client. This submission he is making in view of a Coordinate Bench decision in W.P.No.104846/2022(S-KAT) between DR. PATIL SHASHI v. STATE OF KARNATAKA & OTHERS, disposed off on 15.12.2022. In the above circumstances, Writ Petition is disposed off; the impugned order of transfer dated 12.07.2024 is hereby quashed. Petitioner shall be entitled to all consequential benefits. All contentions are kept open in that regard. Such benefits shall be settled within a period of eight weeks failing which, they carry interest at the rate of 2% per mensum which may be recovered from the erring officials of the concerned Department. Now, no costs. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE Bsv List No.: 1 Sl No.: 2