- 1 - HC-KAR NC: 2025:KHC-D:9756-DB WP No. 105343 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT PETITION NO.105343 OF 2025 (S-KAT) BETWEEN: SRI. APPARAO KALSHETTY S/O SHANTAMALLAPPA KALSHETTY AGE. 40 YEARS, WORKING AS RANGE FOREST OFFICER, OFFICE OF THE RANGE FOREST OFFICE, MUNDGOD RANGE, MUNDGOD, YELLAPUR DIVISION, UTTARA KANANDA DISTRICT-581349. PERMANENTLY RESIDING AT 1ST CROSS, SWASTIK BADAVANE, KEREGUNDI ROAD, SIRSI-581402. &PETITIONER (BY SRI. M.S. BHAGWAT, SENIOR COUNSEL FOR SRI. SATISH K. AND SRI. SURESH S. BHAT, ADVOCATES) AND: 1. THE STATE OF KARNATAKA R/BY ITS ADDITIONAL CHIEF SECRETARY, FOREST, ECOLOGY & ENVIRONMENT DEPARTMENT, M.S. BUILDING, BENGALURU-560 001. 2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND CHIEF OF FOREST FORCE, ARANYA BHAVAN, 18TH CROSS, MALLESHWARAM, BENGALURU-560003. 3. SRI. VAGEESH B.G. S/O JAYAPPA AGE. 45 YEARS, WAS WORKING AS RANGE FOREST OFFICER, OFFICE OF RANGE FOREST OFFICER, MUNDGOD, MUNDGOD RANGE, YELLAPURA DIVISION, MUNDGOD-581349, C/O. SRINIDHI BUILDINGS, BANKAPUR ROAD, KAMBARGATTI, MUNDGOD-581349. &RESPONDENTS (BY SRI. G. K. HIREGOUDAR, GOVT. ADV. FOR R1 & R2; SRI. SUNIL S. DESAI, ADV. FOR C/R3) VINAYAKA B V Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.07 12:20:02 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9756-DB WP No. 105343 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS FROM THE HON9BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI IN RESPECT OF THE IMPUGNED ORDER DATED 24/07/2025 PASSED IN APPLICATION NO.10691/2025 (ANNEXURE- A) AND SET ASIDE THE IMPUGNED ORDER DATED 24/07/2025 PASSED BY THE HON9BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI IN APPLICATION NO.10691/2025 (ANNEXURE-A) AND CONSEQUENTLY DISMISS THE SAID APPLICATION NO.10691/2025 PREFERRED BY THE RESPONDENT NO.3 (ANNEXURE-B), IN THE INTEREST OF JUSTICE AND EQUITY & ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The present petition has been filed by Apparao Kalshetty, who was respondent No.3 before the Tribunal, challenging the order dated 24.07.2025 passed by the Tribunal in Application No.10691/2025. By virtue of order of the Tribunal, the order of transfer at Annexure-A4 dated 30.06.2025 insofar as Vageesh B.G. and Apparao Kalshetty came to be set-aside. 2. The parties are referred to as per their rankings before the Tribunal for the sake of convenience. - 3 - HC-KAR NC: 2025:KHC-D:9756-DB WP No. 105343 of 2025 3. The applicant had challenged the order at Annexure-A4. The order at Annexure-A4 dated 30.06.2025 had transferred the applicant by directing him to report to the competent authority, while insofar as Apparao Kalshetty, respondent No.3 before the Tribunal, he was posted to the place of Vageesh B.G., as Range Forest Officer, Mundagod, Yallapur Division. Respondent No.3-Vageesh B.G. had challenged this order of transfer on the ground that the order of transfer amounts to premature transfer, as the tenure of two years for Vageesh B.G. at the place of Mundagod would end only on 18.09.2025 and the order of transfer was within such tenure. Various other contentions have been raised including that there was no approval by the Chief Minister, that there was no order of posting and such order of displacing the applicant without order of posting amounts to legal malafide. 4. The Tribunal by its order dated 24.07.2025 had set-aside the order of transfer at Annexure-A4 dated 30.06.2025 insofar as the applicant and respondent No.3, so also the order of posting at Annexure-R9 dated 7.7.2025 vis- - 4 - HC-KAR NC: 2025:KHC-D:9756-DB WP No. 105343 of 2025 à-vis the applicant was set-aside. The said order is challenged in the present petition. 5. After hearing the matter for sometime noticing that the applicant9s tenure ends on 18.09.2025, this Court is of the opinion that the order of transfer displacing the applicant could be kept in abeyance till 18.09.2025, when he completes tenure of two years, noticing that Vageesh B.G. has continued to function at Mundagod Division. 6. Learned Senior Counsel Sri. M.S. Bhagwat appearing on behalf of the petitioner submits that they have no objection for passing of such order. Learned Senior Counsel submits that the petition may be disposed off in terms of the observations made by the Court, which is a fair relief and would bring quietus to the litigation. 7. After 18.09.2025, the applicant would have no lien over the posting at Mundagod and that the order of transfer at Annexure-A4 would come into operation after such date and the respondent No.3-Apparaj Kalshetty would resume to duty in place of applicant in terms of Annexure-A4 - 5 - HC-KAR NC: 2025:KHC-D:9756-DB WP No. 105343 of 2025 on 19.09.2025. Accordingly, without setting aside the order of the Tribunal, the petition is disposed off making it clear that the order at Annexure-A4 vis-à-vis the applicant and respondent No.3 would come into force as on 19.09.2025. It is necessary to clarify that since the order of posting dated 7.7.2025 at Annexure-R9 has already been set-aside by the Tribunal insofar as the applicant, it is open for the government to pass appropriate order after taking note of request, if any, made by the applicant for appropriate posting. 8. Learned counsel for the respondent No.3 would state that the petition filed against respondent No.9 would be withdrawn. 9. Insofar as the salary for the applicant is concerned, taking note of the pendency of the present petition and that no posting order was given, needless to state that the applicant would be entitled for the salary for the period till 31.07.2025. It would be necessary to observe - 6 - HC-KAR NC: 2025:KHC-D:9756-DB WP No. 105343 of 2025 that the applicant has to handover the charge to respondent No.3 on 19.9.2025. 10. Accordingly, the petition is disposed off. Pending applications, if any, are disposed off as not surviving for consideration. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE JTR CT:VP, LIST NO.: 1 SL NO.: 56