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2025 DAILYLAW 51738 (KAR)

SRI N V SWAMY v. STATE OF KARNATAKA

WP/8664/2024 · 2025-12-19

B M Shyam Prasad, T M Nadaf

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54609-DB WP No. 8664 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 8664 OF 2024 (S-KSAT) BETWEEN: SRI N V SWAMY S/O K M NITHYANANDAIAH, AGED ABOUT 58 YEARS, WORKING AS SENIOR LECTURER, DISTRICT INSTITUTE OF EDUCATION AND TRAINING (DIET) CHAMARAJANAGAR, CHAMARAJANAGAR DISTRICT - 571 313 R/A SRI GURUKRUPA NO. 380/339/1 BEHIND LAND ARMY OFFICE, ALANAHALLI POST, MYSORE DISTRICT - 570028. &PETITIONER (BY SRI.YOGESH V KOTEMATH.,ADVOCATE) Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:54609-DB WP No. 8664 of 2024 AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560001. 2. THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTIONS NEW PUBLIC OFFICES, K.R.CIRCLE, BENGALURU - 560 001. 3. THE DEPUTY DIRECTOR DEPARTMENT OF PUBLIC INSTRUCTION CHAMARAJANAGAR - 571313. &RESPONDENTS (BY SRI.V.SHIVAREDDY., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION IN THE SIMILAR NATURE QUASHING ORDER DATED 26.02.2024 VIDE ANNEXURE-A PASSED IN APPLICATION No. 751/2024 BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BANGALORE BY - 3 - HC-KAR NC: 2025:KHC:54609-DB WP No. 8664 of 2024 ALLOWING THE APPLICATION No. 751/2024 FILED BY THE PETITIONER HEREIN; b) ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION THE SIMILAR NATURE QUASHING THE IMPUGNED ORDER DATED 03.10.2023 BEARING No. EP 144 DGM 2023 VIDE ANNEXURE-A9 PASSED BY THE RESPONDENT AUTHORITY, IN SO FAR AS RELATES TO PETITIONER IS CONCERNED HOLDING THE SAME IS ILLEGAL AND WITHOUT JURISDICTION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) The learned counsel for the petitioner files a memo which reads as under: "It is submitted that, the instant Writ Petition is filed by the petitioner herein challenging the Order dated 26.02.2024 in Application No.751/2024 passed by the Karnataka State Administrative Tribunal, Bangalore and Order dated 03.10.2023 bearing No.EP 144 DGM 2023 vide Annexure- - 4 - HC-KAR NC: 2025:KHC:54609-DB WP No. 8664 of 2024 A9 passed by the 1st respondent authority withdrawing the order of promotion dated 19.11.2011. During the pendency of the instant Writ Petition, the 1st respondent authority has issued a Notification bearing No.EP 43 DGM 2025 dated 11.08.2025 according promotion in favour of the petitioner w.e.f. 17.04.2018, the date on which the junior of petitioner Sri B.S.Siddappa was accorded promotion. As such, in view of the Notification dated 11.08.2025 issued by the 1st respondent authority according promotion to the petitioner, the instant Writ Petition has become infructuous. In the said situation, the petitioner prays that this Hon'ble Court may be pleased to permit the petitioner to withdraw the instant Writ Petition as having become infructuous, in the interest of justice and equity." In view of the memo and after informing Sri.V.Shivareedy, the learned Additional Government Advocate, the petition stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (T.M.NADAF) JUDGE SA ct:sr