Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 57771 (KAR)

SRI CHANDRAMURTHY P v. THE STATE OF KARNATAKA

WP/30606/2025 · 2025-10-14

B M Shyam Prasad, T M Nadaf

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:40797-DB WP No. 30606 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 30606 OF 2025 (S-KSAT) BETWEEN: 1. SRI CHANDRAMURTHY P S/O PADMANAIK AGED ABOUT 43 YEARS WORKING AS INSPECTOR OF EXCISE O/AT RANGE NO.01, YELAHANKA BUD-01, NO. 1876, 1ST FLOOR 7TH CROSS, 3RD B MAIN JUDICIAL LAYOUT, YELAHANKA BENGALURU - 560 065. R/AT NO. 14, BHADRA LANDMARK 4TH MAIN ROAD, MAHALAKSHMI LAYOUT NEAR PRASANNA ANJENEYA TEMPLE BENGALURU - 560 086. 2. SMT. SOWMYA N.M W/ MANJUNATH B AGGED ABOUT 42 YEARS WORKING AS INSPECTOR OF EXCISE O/AT RANGE NO.40, KORMANGALA BUD -07, NO. 572, 6TH F CROSS BENGALURU 560 034 R/AT NO. 3P 5/2 #335 MUTHURAYA SWAMY LAYOUT HULIMAVU, BENGALURU -560 076. …PETITIONERS (BY SRI. V. LAKSHMINARYANA., SENIOR ADVOCATE FOR SRI. KESHAVAMURTHY H B.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS ADDITIONAL CHIEF SECRETRARY FINANCE DEPARTMENT (EXCISE) VIDHANA SOUDHA, AMBEDKAR VEEDHI BENGALURU-550001. 2. STATE OF KARNATAKA, 2 STATE RECISE DEPARTAMENT REP, BY ITS EXCISE COMMISSIONER TTMC BLOCK, EMTC Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40797-DB WP No. 30606 of 2025 BULIDING SHANTHINAGAR, BENGALURU 500027. 3. THE ADDITIONAL COMMISSIONER (ADMIN), OFFICE OF THE COMMISSIONER OF EXCISE, TTMC BLLOCK, BMTC BUILDING, SHANTINAGAR, BENGALURU-560 027. 4. SRI. SOMASIVEKARA W R S/O LATE RAMAPPA M AGED ABOUT 43 YEARS WORKING AS INSPECTOR OF EXCISE RANGE NO. 24. ASHOKNAG BUD 04, MONARCH CHAMBERS NO. 122/2, 5TH FLOOR, INFANTRY ROAD BENGALURU-560001 R/A NO. 106., VAISHNAVI RATHNAM APARTMENT. QBLOCK, JALAHALLI CROSS, BENGALURU-560057. …RESPONDENTS (BY SRI.RUBEN JACOB., AAG A/W SRI. V. SHIVA REDDY, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND SET ASIDE THE ORDER DATED 25.09.2025 PASSED IN OA No-3407/2025 (ANNEXURE-A) BY THE KSAT BENGALURU AND QUASH THAT PORTION OF THE ORDER DATED 25.09.2025 WHICH INCLUDES THE NAME AND APPLICATION OF THE PETITIONERS i.e., OA No-3413/2025 AND OA No- 3411/2025 AT SERIAL No.5 AND 7 AS PER (ANNEXURE-J) IN THE ORDER PASSED BY THE 2ND RESPONDENT PURSUANT TO THE ORDER PASSED BY THE HONBLE TRIBUNAL IN O.A No-3407/2025 DATED ON 25.09.2025 (ANNEXURE-A). 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 - 3 - HC-KAR NC: 2025:KHC:40797-DB WP No. 30606 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) The petitioners are before the Karnataka State Administrative Tribunal, Bengaluru [for short, 'the Tribunal'] with their applications as against the decision to transfer them, and when these applications are pending, the Tribunal has disposed of a similar application filed by another applicant. The petitioners have filed this petition calling in question the Tribunal's orders in such application apprehending that there would be a similar order even in their applications resulting in immediate precipitous orders. Sri V. Lakshminarayana and Sri M.S. Bhagwath, the learned Senior counsels for the petitioners, and Sri Reuben Jacob, the learned Additional Advocate General for the State who appears on behalf of Sri V.Shiva Reddy, the learned Additional Government Advocate who accepts notice - 4 - HC-KAR NC: 2025:KHC:40797-DB WP No. 30606 of 2025 for these respondents, are heard. It is now stated in unison that the Tribunal has decided the petitioners' applications in OA Nos.3413/2025 and 3411/2025 and the Tribunal's order dismissing these petitioners' applications is called in question in W.P.No.30951/2025 and W.P.No.30924/2025 respectively. This Court is of the view that this petition must be disposed of with liberty to these petitioners to canvass all grounds in the petitions in W.P.No.30951/2025 and W.P.No.30924/2025. The petition stands disposed of with liberty as aforesaid. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (T.M.NADAF) JUDGE SA ct:sr