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2025 DAILYLAW 50356 (KAR)

SRI VENKAPPA GADIGEPPA HATTIYAVAR S/O. GADIGEPPA HATTIYAVAR v. THE STATE OF KARNATAKA

WP/103697/2025 · 2025-06-12

K V Aravind, R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:7555-DB WP No. 103697 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND WRIT PETITION NO. 103697 OF 2025 (S-KAT) BETWEEN: SRI VENKAPPA GADIGEPPA HATTIYAVAR S/O. GADIGEPPA HATTIYAVAR AGED ABOUT 35 YEARS, VILLAGE ADMINISTRATIVE OFFICER, AMMBHINABHAVI CIRCLE/HOBLI TALUK & DISTRICT DHARWAD R/AT. UDAYA GIRI, LIG/99 SATTURU, KHB COLONY, DHARWAD 580009. …PETITIONER (BY SRI. MADANGOUDA N. PATIL, ADVOCATE FOR PETITIONER) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU 560001. 2. THE DEPUTY COMMISSIONER DHARWAD DISTRICT, DHARWAD 580001. 3. THE KARNATAKA LAKAYUKTHA R/BY ITS REGISTRAR, M.S. BUILDING, AMBEDKAR VEEDI, BENGALURU 560001. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, SET ASIDE THE IMPUGNED ORDER DATED 09.06.2025 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI IN APPLICATION NO.10560/2025 VIDE ANNEXURE-A AND ALLOW THE APPLICATION AS PRAYED FOR & ETC. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.06.13 10:12:08 +0530 - 2 - HC-KAR NC: 2025:KHC-D:7555-DB WP No. 103697 of 2025 THIS WRIT PETITION, COMING ON FOR ORDERS, 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 AGA takes notice for all the respondents. 2. The petitioner who had filed an application in O.A.No.10560/2025 before the Karnataka State Administrative Tribunal, Belagavi Bench is aggrieved of the fact that interim orders have not been passed by the Tribunal and only notice has been issued while directing the learned AGA to file reply and statement of objections to the interim prayer. 3. Learned counsel for the petitioner submits that if the interim prayer is not granted, he will be relieved from the service despite the fact that the allegation made against the petitioner has not been proved. In that regard, learned counsel has brought to the notice of this court the - 3 - HC-KAR NC: 2025:KHC-D:7555-DB WP No. 103697 of 2025 examination-in-chief and cross-examination of the complainant at Annexure-A7. 4. Prima facie, we find that on plain reading of the examination-in-chief of the complainant, it is clear that the complainant has alleged that DGO-1 sought for Rs.3,000/- from the complainant. The petitioner herein is DGO-2. No allegation is found from the examination-in-chief of the complainant as against DGO-2. Further, in the cross- examination of the complainant, nowhere the complainant has stated that money was either demanded or paid to DGO-2. The entire allegation is against DGO-1. Even insofar as DGO-1 is concerned, it is admitted that DGO-1 has asked the complainant to keep the money on the table and the complainant kept the money on the table and therefore, the phenolphthalein test turned negative (it did not turn pink). Despite all these materials coming forth from the evidence on record, the respondents have thought it fit to impose punishment of compulsory retirement on the petitioner. - 4 - HC-KAR NC: 2025:KHC-D:7555-DB WP No. 103697 of 2025 5. Consequently, there shall be an ad-interim order of stay, as prayed for, in O.A.No.10560/2025 before the KAT, Belagavi, till the next date of hearing. 6. Since this writ petition is concerned, only with an interim prayer and interim prayer has been granted by this court, the writ petition stands disposed of directing the Tribunal to consider any application that could be filed by the respondents for vacating the stay. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE MBS, CT:VP LIST NO.: 1 SL NO.: 10