- 1 - HC-KAR NC: 2025:KHC-D:8771-DB WP No. 104368 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND WRIT PETITION NO.104368 OF 2025 (S-KAT) BETWEEN: SHRI JAGADISH S/O. SHIVRAJ ITI, AGE: 53 YEARS, OCC. COMMISSIONER, CITY MUNICPAL COUNCIL, RABAKAVI-BANAHATTI, R/O. KULGOD VILLAGE, TAL. MUDALGI, DIST. BELAGAVI 591310. EMAIL: jsiti123@gmail.com - PETITIONER (BY SRI. SHIVASAI S. BALLOLI, ADVOCATE FOR SRI. PRAVEEN GEJJI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, M.S. BUILDINGS, AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, BELAGAVI DIST. BELAGAVI 590001. - RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BELAGAVI TO CONSIDER AND PASS APPROPRIATE ORDER ON THE INTERIM PRAYER AS SOUGHT FOR BY THE PETITIONER IN APPLICATION NO.10661/2025 & ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: VINAYAKA B V Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench Date: 2025.07.17 10:34:44 +0530 - 2 - HC-KAR NC: 2025:KHC-D:8771-DB WP No. 104368 of 2025 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) This Writ Petition has been filed by the petitioner, being aggrieved of the impugned order dated 23.06.2025 at Annexure-A11 and the non consideration of the interim prayer made by the petitioner before the Karnataka State Administrative Tribunal in Application No. 10661/2025. 2. Learned counsel submits that by transfer order dated 12.06.2025 the petitioner who was earlier working as the Commissioner, C.M.C, Rabakavi-Banahatti, was transferred as the Chief Officer of the T.M.C, Bailhongal. On 20.06.2025 the petitioner approached the Deputy Commissioner, Belagavi for movement order, however, the movement order was not issued. The petitioner approached the Tribunal and filed Application No. 10639/2025 seeking direction to the Deputy Commissioner to issue movement orders. Even as the application was - 3 - HC-KAR NC: 2025:KHC-D:8771-DB WP No. 104368 of 2025 pending consideration, another order was passed on 23.06.2025 cancelling the previous transfer order and directing the petitioner to report to the Director of Municipal Administration. The petitioner filed one more application before the Tribunal in Application No. 10661/2025 challenging the subsequent order of cancellation of the order of transfer. 3. Learned counsel submits that the law is well settled, as held in the case of Smt. P.V. Poornima Vs. State of Karnataka and Others (W.P. No. 2661/2020, decided on 29.07.2020, that there must be a specific or detailed reasons for such subsequent modification or cancellation of the transfer orders. Relying upon said decision, a Co- Ordinate Bench of this court in the case of Dr.Shashi Patil Vs. Secretary and another (W.P. No. 104179/2021 dated 05.01.2022), has set aside said orders of cancellation of transfer and upheld the decision of the Tribunal which had set aside such modification or cancellation orders. - 4 - HC-KAR NC: 2025:KHC-D:8771-DB WP No. 104368 of 2025 4. During the course of these proceedings we had directed the learned Additional Government Advocate to secure instructions as to why the petitioner cannot be posted at Bailhongal if the post is vacant, or in the alternative, we had directed the respondent to give a posting to the petitioner. Today, learned Additional Government Advocate has furnished copy of order dated 15.07.2025 whereby the petitioner is posted as Chief Officer of Chikkodi, T.M.C. However the learned counsel for the petitioner submits that the respondents have not answered the query of this Court as to why the petitioner cannot be posted at Bailhongal. The learned counsel would further submit that the incumbent Chief Officer at Bailhongal, though transfer has not vacated the post and therefore these orders are being passed by the respondents. 5. We are satisfied that the action of the respondents in firstly cancelling the earlier transfer order without - 5 - HC-KAR NC: 2025:KHC-D:8771-DB WP No. 104368 of 2025 assigning any reasons would be in the teeth of the judgment in the case of Smt. P.V. Poornima (supra). 6. In that view of the matter, we proceed to stay the impugned order dated 23.06.2025 and remit the matter back to the Karnataka State Administrative Tribunal to continue the order of stay till disposal of the application. 7. Order passed today posting the petitioner as Chief Officer of Chikkodi, T.M.C, is also quashed and set aside. The writ petition is accordingly disposed of. Pending applications also stand disposed of. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE BVV, CT:VP LIST NO.: 1 SL NO.: 16