- 1 - HC-KAR NC: 2025:KHC-D:7330-DB WP No. 107148 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND WRIT PETITION NO.107148 OF 2023 (S-KAT) BETWEEN: THE KARNATAKA LOKAYUKTA OFFICE OF THE LOKAYUKTA, R/BY ITS REGISTRAR, DR. B.R. AMBEDKAR ROAD, M.S. BUILDING, BENGALURU-01. …PETITIONER (BY SRI. SRINIVAS B. NAIK, ADVOCATE) AND: 1. PARAPPA S/O. NINGAPPA HUDDAR AGE. 62 YEARS, OCC. ASSISTANT EXECUTIVE ENGINEER, RURAL WATER SUPPLY AND SEWAGE SUB DIVISION BELAGAVI, RESIDING AT ANJANEYA NAGAR, YELIMANNOTE ROAD, BELAGAVI-591309. 2. THE STATE OF KARNATAKA RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, R/BY ITS PRINCIPAL SECRETARY, 3RD GATE, 3RD FLOOR, M.S. BUILDING, BENGALURU-560001. …RESPONDENTS (BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 23/01/2020 PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL BELAGAVI IN APPLICATION NO.1273/2018 PRODUCED AS ANNEXURE-A IN THE ENDS OF JUSTICE AND EQUITY & ETC. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.06.06 12:37:16 +0530 - 2 - HC-KAR NC: 2025:KHC-D:7330-DB WP No. 107148 of 2023 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) Learned Government Advocate takes notice for respondent No.2. 2. Although the matter is coming up for preliminary hearing, since we are not inclined to entertain this writ petition, we proceed to consider and dispose of the writ petition at this stage itself. 3. The petitioner is Karnataka Lokayukta, which contends that it is aggrieved of the impugned order passed by the Karnataka State Administrative Tribunal, Belagavi in Application No.1273/2018 dated 23.01.2020. Apparently, there is a huge delay in filing the writ petition. Further, we find from the application filed by respondent No.1 before the Tribunal, the prayer was to direct the respondent-State Government to consider promotion to - 3 - HC-KAR NC: 2025:KHC-D:7330-DB WP No. 107148 of 2023 the post of Executive Engineer or place him under Rule 32 of the KCSRs in the post of Executive Engineer with effect from 23.01.2018, the date on which his juniors were promoted, without reference to the enquiry pending against the applicant. The Tribunal, while placing reliance on the several judgments of this court including SMT.M.L.KAMALA VS STATE OF KARNATAKA, W.P.NO.35976/2010 and the two judgments of the Hon’ble Apex Court in the case of STATE OF PUNJAB AND OTHERS VS CHAMANLAL GOYAL (1995 (2) SCC 570) and in the case of COAL INDIA LIMITED VS SAROJ KUMAR MISRA (2017 AIR SCC 2662), and the previous order of the Tribunal in Application No.5072/2007, where it is held that the enquiry initiated against the applicant was not completed within a period of six months from the date of order and the delay is not on account of omission and commission on the part of the applicant, and therefore, the applicant was entitled for consideration of promotion under Rule 32 of KCSRs. - 4 - HC-KAR NC: 2025:KHC-D:7330-DB WP No. 107148 of 2023 4. That being the position, we failed to understand as to how the Karnataka Lokayukta would be aggrieved of such an order passed by the KSAT directing the respondent-State Government to consider the representation given by the applicant. Consequently, the writ petition stands dismissed. In view of dismissal of the writ petition, pending applications, if any, do not survive for consideration and the same are dismissed. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE MBS, CT:VP LIST NO.: 1 SL NO.: 15