- 1 - NC: 2025:KHC-D:1604 WP No. 101115 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 101115 OF 2023 (S-TR) BETWEEN: SRI. SADA Y. HANAMAGOLLAR, AGE. 37 YEARS, OCC. SERVICE IN C.M.C. JAMAKHANDI, R/O. RUDRASWAMI PETH, JAMAKHANDI, DIST. BAGALKOT -587301. …PETITIONER (BY SRI. S. L, MATTI, AND SMT. AKSHATA R. KOLI, ADVOCATES) AND: 1. THE STATE GOVERNMENT OF KARNATAKA, PRINCIPAL SECRETARY TO THE DEPARTMENT OF URBAN DEVELOPMENT AUTHORITY, VIDHAN SOUDHA, BENGALURU -560001. 2. THE COMMISSIONER, CITY MUNICIPAL COUNCIL, JAMAKHANDI -587301. 3. SRI. AMIT S/O. SAHADEV YALAKAR, AGE. 30 YEARS, OCC. SERVICE IN CITY CORPORATION, BELAGAVI, R/O. HANGANDI, TQ. RABAKAVI BANAHATTI, DIST. BAGALKOT -587311. …RESPONDENTS (BY SMT. KIRTHILATHA R. PATIL, HCGP FOR R1, SRI. PRASHANT HOSAMANI, ADVOCATE FOR R3 AND NOTICE TO R2 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO ISSUE A WRIT OF Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:1604 WP No. 101115 of 2023 CERTIORARI BY QUASHING AN ORDER OF TRANSFER DATED 08.02.2023 BEARING NO. NAE/16/TMS 2023 (E) PASSED BY FIRST RESPONDENT VIDE ANNEXURE-M BY TRANSFERRING THE THIRD RESPONDENT ON DEPUTATION BASIS TO THE POST OF PETITIONER, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: 1. A Writ of Certiorari by quashing an Order of transfer dated 08.02.2023 bearing no. NAE/16/TMS 2023 (E) passed by first Respondent vide Annexure-M by transferring the third Respondent on deputation basis to the post of petitioner in the interest of justice. 2. Any other reliefs deems fit be awarded. 2. This Court from time to time had passed certain orders in the case of Writ Petition No.48499/2016(S-KAT) dated: 16.09.2016, wherein it is held as under: “10. In view of the aforesaid observations and discussions, the impugned order passed by the Tribunal as well as the transfer order for transferring the petitioner from the post of Assistant Conservator of Forest, - 3 - NC: 2025:KHC-D:1604 WP No. 101115 of 2023 Chikkamagaluru, is set aside. It is further observed and directed that by virtue of the present order, the petitioner would be entitled to work as Assistant Conservator of Forest, Chikkamagaluru, where respondent No.4 is presently working. So far as respondent No.4 is concerned, he would be required to be posted as Assistant Conservator of Forest either at Shivamogga or Kolar or any other place as may be ultimately finalized by the State Government. The effect of the present order to be given within a period of two weeks from today. 11. It is made clear that the observations made by this Court in the present judgment are limited to the impugned transfer order. However, the present order shall not operate as a bar to the State Government for any future transfer or posting of the petitioner in accordance with law. Petition is allowed to the extent above. 12. Before parting with, we would find it appropriate to observe that in number of cases it is found by this Court that the transfer order is passed in a manner that one Officer is lifted from one post but it is not clarified about his next posting and he is expected to approach before the concerned Department for appropriate posting and another Officer vice him is already posted. This practice would keep the Officer in lurch about his next posting even he is to be transferred. Such practice is deprecated by the Court in this matter as well as in other matters. A reference may be made to the order passed by this Court in W.P.No.39438/2016 disposed of on 19.08.2016 and W.P.No.43919/2016 disposed of on 23.08.2016. Hence, in order to ensure that appropriate - 4 - NC: 2025:KHC-D:1604 WP No. 101115 of 2023 mechanism is worked out, the registry shall forward the copy of the order to the Chief Secretary of the State Government to look into the matter and to take suitable action. Rule made absolute accordingly. No order as to costs.” 3. In the light of the order so passed, the official memorandum was issued by the respondent-State on 27.01.2025 posting the petitioner as Bill-collector his substantive cadre in Teradal Municipality. 4. In the light of the said order, the petition does not survive. The petitioner is at liberty to avail such remedy as available in law in the event, he is aggrieved by the order dated 27.01.2025. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RHR/- List No.: 1 Sl No.: 4