- 1 - NC: 2025:KHC-D:3788-DB WP No. 101483 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH 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. 101483 OF 2025 (S-KAT) BETWEEN: SRI. MOHAMMED ALLIUDDIN, S/O. MOHAMMED SHAMUDDIN, AGED ABOUT: 55 YEARS, RANGE FOREST OFFICER, AURAD RANGE, BIDAR DIVISION, BIDAR DISTRICT. NOW POSTED TO RANGE FOREST OFFICER, TERRITORIAL RANGE, HAVERI. …PETITIONER (BY SRI. ANIL KUMAR B. O, ADVOCATE)7 AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, FOREST, ECOLOGY AND ENVIRONMENT DEPARTMENT, MULTI STORIED, BUILDING, BENGALURU-560001. 2. THE PRINCIPAL CHIEF, CONSERVATOR OF FORESTS, (HEAD OF FOREST FORCE), Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3788-DB WP No. 101483 of 2025 ARANYA BHAVAN, 18TH CROSS, MALLESHWARAM, BANGALORE-560003. 3. THE DEPUTY CONSERVATOR OF FORESTS, TERRITORIAL DIVISION, HAVERI, HAVERI DISTRICT. …RESPONDENTS (BY SRI. G. K. HIREGOUDAR, GOVERNMENT ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, SET ASIDE THE ORDER DATED. 13.02.2025, VIDE ANNEXURE-A, IN APPLICATION NO. 10241/2025 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL BELAGAVI IN RESPECT OF REJECT THE INTERIM RELIEF SOUGHT BY THE PETITIONER AND ETC. THIS PETITION, COMING ON FOR PRILIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR - 3 - NC: 2025:KHC-D:3788-DB WP No. 101483 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M. SHYAM PRASAD) This Writ Petition is as against the Karnataka State Administrative Tribunal’s order dated 13.02.2025 in Application No.10241/2025. The Karnataka State Administrative Tribunal [for short, ‘the Tribunal’] by the impugned order dated 13.02.2025 has rejected the petitioner’s request to stay the operation of Office Order dated 10- 11.02.2025 issued by the second respondent. 2. The petitioner’s grievance as against the second respondent’s order dated 10-11.02.2025 stems from the following circumstances, and before that, this Court must record that the second respondent’s order dated 10-11.02.2025 is issued in modification of the earlier order dated 05.02.2025. The earlier order dated 05.02.2025 is posting the petitioner as the Zonal Range Forest Officer, Haveri Division, Haveri, and by the subsequent order he is - 4 - NC: 2025:KHC-D:3788-DB WP No. 101483 of 2025 posted as the Range Forest Officer with Atal Bihari Vajpayee Zoo, Kamalapur. 3. On 20.01.2025, Sri. Y. R. Nadaf, a Deputy Range Forest Officer was posted as the Range Forest Officer, Regional Office, Haveri under Rule 32 of K.C.S.R, and this posting under Rule 32 is on the condition that it will be a temporary arrangement and can be recalled or revised at any time. The petitioner contends that because Sri. Y. R. Nadaf was posted under Rule 32 temporarily, the petitioner, a Senior Officer entitled to the posting, is duly posted in his place on 05.02.2025. The petitioner also contends that he reported to duty with the Deputy Conservator of Forests, Territorial Division, Haveri. 4. The petitioner further contends that the Tribunal has refused to grant interim order staying the operation of the order dated 10-11.02.2025 only because the Deputy Conservator of Forests has not issued a Movement Order to the petitioner to report - 5 - NC: 2025:KHC-D:3788-DB WP No. 101483 of 2025 to the Office at Haveri in terms of the order dated 05.02.2025. Prima facie, this Court must opine that if Sri. Y.R.Nadaf was temporarily posted under Rule 32 on an express condition and that the petitioner, as a Senior Officer, is posted in his place, the benefit of such order cannot be denied only because Movement Order is not issued by the third respondent, especially when it could be argued that the Movement Order is deferred to enable an order dated 10- 11.02.2025. 5. This Court, therefore, finds merits in the petitioner’s grievance with the Tribunal’s impugned order. Hence, the following: ORDER The Writ Petition is allowed staying the operation of the order dated 10- 11.02.2025 observing that the petitioner shall be entitled to officiate in terms of the order dated 05.02.2025 subject to the - 6 - NC: 2025:KHC-D:3788-DB WP No. 101483 of 2025 Tribunal’s final order on the application. It is needless to observe that the respondent will be at liberty to seek earlier disposal of the order. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE AM/CT:VG LIST NO.: 1 SL NO.: 8