Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:2287-DB WP No. 100828 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO. 100828 OF 2025 (S-KAT)
BETWEEN:
SRI. K. ARNU KUMAR AGED ABOUT 47 YEARS, DY. COMMISSIONER OF EXCISE, BELAGAVI NORTH DISTRICT, CHIKODI, R/O.313, BUDA COMPLEX, HANUMA NAGAR, BELAGAVI, DIST. BELAGAVI 590001.
…PETITIONER (BY SRI. RAMACHANDRA A. MALI, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REP. BY PRINCIPAL/UNDER SECRETARY, FINANCE DEPARTMENT (EXCISE), VIDHAN SOUDHA, BENGALURU 560001.
2.
THE COMMISSIONER OF EXCISE, 2ND FLOOR, TTMC, A-BLOCK, BMTC, SHANTINAGAR, BENGALURU 27.
3.
THE JOINT COMMISSIONER OF EXCISE BELAGAVI DIVISION, BELAGAVI 590016.
Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench
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NC: 2025:KHC-D:2287-DB WP No. 100828 of 2025
4.
SMT. R.S. SWAPNA DY. COMMISSIONER OF EXCISE, M/S UNITED SPIRITS LTD., KUMBHALGODU, DIST. BANGALORE 560074.
…RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, CALL FOR THE RELEVANT RECORDS IN APPL.NO.461/2025 ON THE FILE OF KARNATAKA ADMINISTRATIVE TRIBUNAL BANGALORE AND QUASH THE IMPUGNED INTERIM ORDER DATED 3-2-2025 MADE IN APPL.NO.461/2025 PRODUCED AT ANNEXURE-A IN SO FAR AS THE SAME RELATES TO REJECTING INTERIM
ORDER OF STAY OF THE IMPUGNED TRANSFER ORDER DATED 29-01-2025 ISSUED IN NO.AE 35 EPS 2024 ISSUED BY FIRST RESPONDENT HEREIN PRODUCED AT ANNEXURE-A8 AS THE SAME BEING ARBITRARY, ILLEGAL AND NOT SUSTAINABLE IN LAW.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
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NC: 2025:KHC-D:2287-DB WP No. 100828 of 2025
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD)
The petitioner has called in question the interim order dated 03.02.2025 by the Karnataka State Administrative Tribunal, Bengaluru Bench in Application No.461/2025. The question is whether this petition is maintainable before this Bench. Though Sri. Ramachandra A. Mali, the learned counsel for the petitioner, endeavours to persuade this Court to opine that the petition is maintainable because both the petitioner and the fourth respondent are presently working with the Belagavi District, this Court, in view of the decision in W.P. No.201968/2023 which is decided on 20.02.2024, must opine that the petitioner must avail his remedy before the Principal Bench at Bengaluru.
Therefore, subject to all just exceptions, the petition stands disposed of with liberty to file Writ Petition before the Principal Bench of this Court directing the Registry to
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NC: 2025:KHC-D:2287-DB WP No. 100828 of 2025
forthwith return the certified copy of the Tribunal’s impugned order to the learned counsel for the petitioner.
Sd/- (B.M.SHYAM PRASAD) JUDGE
Sd/- (RAMACHANDRA D. HUDDAR) JUDGE RSH, CT:VP LIST NO.: 1 SL NO.: 11