- 1 - HC-KAR NC: 2025:KHC:29074-DB WP No. 22690 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 22690 OF 2025 (S-KSAT) BETWEEN: SRI. PRADEEP R S/O LATE L RAGHURAM RAO AGED ABOUT 40 YEARS R/AT NO.45, M C LAYOUT MATHRU ROAD, VIDYANAGAR SHIMOGA-577203. …PETITIONER (BY SRI. NAGARAJ D., ADV.) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M S BUILDING DR. B R AMBEDKAR VEEDHI BANGALORE-560001. 2. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA -577203. …RESPONDENTS (BY SMT. SUKANYA BALIGA, AGA) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE ORDER AS THIS COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, SETTING ASIDE THE ORDER DATED 25/07/2025 PASSED BY THE TRIBUNAL IN APPLICATION NO.3430/2025 VIDE ANNEXURE-A AND ETC. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29074-DB WP No. 22690 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) This writ petition is filed challenging the order dated 25.07.2025 in Application No.3430/2025 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘the Tribunal’) wherein the Tribunal has not considered the interim prayer to stay the order of transfer dated 16.07.2025 (Annexure-A3). 2. Heard learned counsel Sri.Nagaraj.D., for petitioner and perused the entire writ petition papers. 3. Learned counsel for the petitioner would submit that the petitioner is the holder of the post of Sheristedar and under notification dated 19.08.2021, the petitioner was placed under Rule 32 of the KCSRs to the post of Deputy Thahsildar which is a Group-B post. Learned - 3 - HC-KAR NC: 2025:KHC:29074-DB WP No. 22690 of 2025 counsel would submit that since he is a substantive holder of Group-C post of Sheristedar, he has not completed minimum tenure of four years at the present place of posting at Shivamogga. Further, learned counsel would submit that the Tribunal having failed to take note of the above fact and also the fact that no other person is posted in place of the petitioner, refused to consider the interim prayer of the petitioner. Learned counsel would submit that non-granting interim prayer by the Tribunal is unreasonable and the Tribunal committed an error in non- considering the interim prayer of the petitioner. 4. Having heard the learned counsel appearing for the petitioner and on perusal of the entire writ petition papers, we are not inclined to interfere with the order passed by the Tribunal. It is for the Tribunal to consider whether the petitioner is the holder of Group-B or Group-C Post and to determine the tenure. It is open for the petitioner to urge all available grounds before the Tribunal and it is for the Tribunal to consider the contentions raised - 4 - HC-KAR NC: 2025:KHC:29074-DB WP No. 22690 of 2025 by the petitioner. Granting of interim prayer is discretion of the Tribunal. This Court only would examine whether the discretion is exercised judiciously. 5. We do not find any merit in the writ petition and accordingly writ petition stands rejected. Learned counsel for the petitioner would submit that the application is posted to 19.08.2025. It is open for the petitioner to seek for early disposal of the application by filing appropriate application. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE NC CT:bms List No.: 1 Sl No.: 38