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2025 DAILYLAW 35296 (KAR)

SRI SHARANAPPA B KONGAWAD v. THE STATE OF KARNATAKA

WP/30903/2024 · 2025-02-21

K Somashekar, Venkatesh Naik T

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- 1 - NC: 2025:KHC:7827-DB WP No. 30903 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T WRIT PETITION NO.30903 OF 2024 (S-KSAT) BETWEEN: SRI SHARANAPPA B. KONGAWAD AGED ABOUT 48 YEARS S/O. SRI BHARAMAPPA DEPUTY DIRECTOR OF AGRICULTURE-1 DEPARTMENT OF AGRICULTURE BELAGAVI-590 016 RESIDING AT PLOT NO.2039 NEAR GANESH CIRCLE RAMTEERTH NAGAR BELAGAVI-590 016. …PETITIONER (BY SRI CHANDAN B.K., ADVOCATE FOR SRI NITIN RAMESH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF AGRICULTURE M.S. BUILDING, K.R.CIRCLE BENGALURU-560 001. 2. SRI SALIM SANGATRAS DEPUTY DIRECTOR OF AGRICULTURE (COMMERCIAL CROPS AND OIL SEEDS) O/O. COMMISSIONER OF AGRICULTURE SHESHADRI ROAD Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7827-DB WP No. 30903 of 2024 BENGALURU-560 001. …RESPONDENTS (BY SRI VIKAS ROJIPURA, AGA FOR R-1; SRI ZAMEER PASHA, ADVOCATE FOR R-2) * * * THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 12.11.2024 PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, AT BENGALURU IN APPLICATION NO.5136 OF 2024 VIDE ANNEXURE-A. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This writ petition is filed by the petitioner challenging the order passed by the Karnataka State Administrative Tribunal, Bengaluru in A.No.5136/2024 dated 12.11.2024 vide Annexure-A. 2. Learned counsel Sri Chandan B.K. for the petitioner is appearing through video conferencing and represents Sri Nitin Ramesh who is on record. - 3 - NC: 2025:KHC:7827-DB WP No. 30903 of 2024 3. Learned AGA for respondent No.1 and learned counsel Sri Zameer Pasha for respondent No.2 are present before the Court physically. 4. The petitioner being aggrieved by the transfer order dated 7.11.2024 had approached the Tribunal in A.No.5136/2024 and sought for interim stay of the operation of the impugned transfer order. It is contended that the transfer order dated 7.11.2024 is a pre-mature order and has been passed after the completion of the general transfer period. It is also urged before the Tribunal that the petitioner’s wife is a practicing Dentist in Belagavi. Further, the transfer order has adversely effected the children of petitioner namely Miss.Rishita studying in Class V and Miss.Saanvi studying in Class III and they have been disturbed in the middle of their academic year. Since, the Tribunal did not considered the interim prayer sought for by the petitioner, the present petition is filed by the petitioner. 5. Having heard the learned counsel on both side, it is relevant to note that the matter before the Karnataka State Administrative Tribunal is still pending consideration. The petitioner has filed this writ petition since the Tribunal did not - 4 - NC: 2025:KHC:7827-DB WP No. 30903 of 2024 consider the interim prayer. However, in a given peculiar facts and circumstances of the case, it is deemed appropriate to dispose of this writ petition with a direction to the Tribunal to dispose of the application filed by the petitioner/applicant as expeditiously as possible by giving opportunity to both the side. All contentious contentions urged in this writ petition are kept open. Accordingly, the writ petition is disposed of. However, the interim order granted in this petition on 21.11.2024 shall be continued till disposal of the application. Consequence upon disposal of the writ petition, pending applications, if any, shall stand disposed of. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE DKB List No.: 1 Sl No.: 7