- 1 - HC-KAR NC: 2025:KHC-D:9070-DB WA No. 100282 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND WRIT APPEAL NO.100282 OF 2025 (S-TR) BETWEEN: SRI. VINAYAK JAYAPPA BATTIKOPPA AGE: 38 YEARS, OCC.: JUNIOR ENGINEER (ELECTRICITY), R/O. CITY MUNICIPAL COUNCIL, BYADAGI, DIST. HAVERI. - APPELLANT (BY SRI. J.S. SHETTY, ADVOCATE) AND: 1. MALATESH S/O ISHARAPPA AGADI, AGE: 57 YEARS, OCC.: JUNIOR ENGINEER, R/O. CITY MUNICIPAL COUNCIL, RANEBENNUR, DIST. HAVERI-581110. 2. THE STATE OF KARNATAKA BY ITS UNDER SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIKAS SOUDHA, BANGALORE 560001. 3. THE DIRECTOR, DIRECTORATE OF MUNICIPAL ADMINISTRATION, 9TH FLOOR, DR. B.R. AMBEDKAR VEEDHI, SIR M. VISHWESHWARAIAH TOWER, BANGALORE-560 001. 4. THE COMMISSIONER, TOWN MUNCIPAL COUNCIL, RANEBENNUR TALUK, DIST. HAVERI-581110. - RESPONDENTS (BY SRI. SUNIL S. DESAI, ADVOCATE FOR R1; SRI. T. HANUMAREDDY, A.G.A. FOR R2 & R3; SRI. PRASHANT S. HOSMANI, ADVOCATE FOR R4) VINAYAKA B V Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench Date: 2025.07.24 13:11:43 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9070-DB WA No. 100282 of 2025 THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT 1961, PRAYING TO SET ASIDE THE ORDER DATED 09.04.2025 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.102425/2025 (S-TR) & ETC. THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) This writ appeal is filed by the appellant who was respondent No.4 in the writ petition filed at the hands of the respondent No.1 herein in W.P. No. 102425/2025 questioning an interim order passed by the learned Single Judge. 2. The first respondent herein filed the writ petition calling in question an order of transfer dated 05.04.2025 at Annexure-G. Learned counsel for the appellant submits, while pointing out to the impugned order that the learned Single Judge noticed the objections raised by the appellant herein that the appellant herein is a Government Servant and therefore the writ petition is not maintainable. - 3 - HC-KAR NC: 2025:KHC-D:9070-DB WA No. 100282 of 2025 However, no orders have been passed in respect of the said objections. 3. To this, learned counsel for the first respondent would submit that the writ petition is filed by the first respondent while contending that he belongs to the Department of Municipal Administration and his services were regularized in the municipality and therefore the first respondent is not a Government servant. The learned counsel would further submit that earlier too when the first respondent was disturbed by a transfer order whereby the appellant herein was sought to be posted where the first respondent was working, the first respondent filed W.P. No. 101587/2023 and various orders have been passed in the said writ petition. It is submitted that the appellant herein never raised such an objection in the earlier writ petition. Even if it is raised, same is yet to be considered at the hands of the learned Single Judge. - 4 - HC-KAR NC: 2025:KHC-D:9070-DB WA No. 100282 of 2025 4. Having regard to the above, we are of the considered opinion that this issue even if it is raised by the appellant herein, is required to be considered by the learned Single Judge. 5. For the reasons stated above, the writ appeal stands dismissed while reserving liberty to the appellant to press for consideration of the said issue before the learned Single Judge. In view of disposal of the appeal, pending applications also stand disposed of. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE BVV, CT:VP LIST NO.: 1 SL NO.: 15