- 1 - HC-KAR NC: 2025:KHC-D:15470-DB WP No. 108368 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 12TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. WRIT PETITION NO. 108368 OF 2025 (S-KAT) BETWEEN: SHRI RAMESH V. S/O. VARAD REDDY M. AGE: 35 YEARS, OCC: VILLAGE ACCOUNTANT AT A.C. OFFICE, BAILHONGAL, PERMANENT R/O. SOMAWAR PETH, SAKKARGERI ONI, KITTUR-591 115, TQ. KITTUR, DIST. BELAGAVI …PETITIONER (BY SRI GURUDAS S. KANNUR, SR. COUNSEL FOR SRI SUHAS K. HOSAMANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, TO THE DEPARTMENT OF REVENUE, GOVERNMENT OF KARNATAKA, 5TH FLOOR, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, BELAGAVI DISTRICT, BELAGAVI-583 101, TQ. AND DIST. BELAGAVI. Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.18 14:26:19 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15470-DB WP No. 108368 of 2025 3. THE ADDITIONAL DEPUTY COMMISSIONER, BELAGAVI DISTRICT, BELAGAVI-583 101, TQ. AND DIST. BELAGAVI. 4. THE ASSISTANT COMMISSIONER, BAILHONGAL SUB-DIVISION, BAILHONGAL-591 102, TQ. BAILHONGAL, DIST. BELAGAVI. 5. THE TAHSILDAR AND TALUKA EXECUTIVE MAGISTRATE, KITTUR, KITTUR-591 115, TQ. KITTUR, DIST. BELAGAVI. …RESPONDENTS (BY SRI G.K. HIREGOUDAR, PRL. GOVERNMENT ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO, DIRECT THE 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.11172/2025 AND ISSUE ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION WHICH DEEMS FIT TO GRANT BY THIS COURT IN THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. - 3 - HC-KAR NC: 2025:KHC-D:15470-DB WP No. 108368 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Heard learned Senior counsel, Sri.Gurudas S Kannur for learned counsel Sri.Suhas K Hosamani for petitioner and learned Additional Government Advocate, Sri.G.K.Hiregoudar for respondents. Perused the writ petition papers. 2. Learned Senior counsel, Sri.Gurudas Kannur submits that the petitioner is working as Village Accountant in Revenue Department and he was posted to work at Kittur Tahasildar Office by O.M. dated 10.11.2023 (Annexure-A1). While he was working as Village Accountant at Tahasildar Office, Kittur, by temporary office order dated 17.07.2025 (Annexure-A3), the petitioner was deputed to the Assistant Commissioner's Office, Bailhongal to clear certain files and it is stated that at present the petitioner is working at Assistant Commissioner's Office, Bailhongal. - 4 - HC-KAR NC: 2025:KHC-D:15470-DB WP No. 108368 of 2025 3. Learned Senior counsel would submit that under impugned order dated 14.10.2025 (Annexure-A5) passed by the Deputy Commissioner, Belagavi District, the petitioner has been transferred/deputed from Tahasildar Office, Kittur to Bekkeri Village, Raibag Taluk for a period of one year on work arrangement basis. 4. Questioning the said order dated 14.10.2025 (Annexure-A5) posting/deputing the petitioner for a period of one year to Bekkeri village, Raibag Taluk, the petitioner was before the Karnataka State Administrative Tribunal at Belagavi (for short, ‘Tribunal’). In the application filed before the Tribunal, the petitioner had also sought for interim prayer of stay of the impugned order dated 14.10.2025 (Annexure-A5). 5. It is seen that in the impugned order dated 14.10.2025 (Annexure-A5), no other Village Accountant is posted in place of petitioner at the office of Tahasildar, Kittur. - 5 - HC-KAR NC: 2025:KHC-D:15470-DB WP No. 108368 of 2025 6. The Tribunal under impugned order dated 06.11.2025 passed the following order: “Learned counsel for the applicant is present through video conference. We heard the learned counsel for the applicant on the interim prayer against the impugned orders at Annexure-A5 & A6. We have perused the Memorandum of Application and the Annexures thereto, and heard the oral submission made by the learned counsel for the applicant. After hearing the submissions, we are of the view that the applicant has not made out a case for grant of an interim order. Thus, issue emergent notice to respondents, if process fee is paid. Learned AGA accepts notice on behalf of respondents. For reply, list this matter on 04.12.2025.” 7. The Tribunal has recorded that the petitioner who is applicant before the Tribunal has not made out case for grant of an interim order and issued emergent notice to respondents. 8. Learned Senior counsel, Sri.Gurudas Kannur would contend that the transfer/deputation of the petitioner from Kittur to Bekkeri village in Raibag Taluk is premature as the petitioner being a Group-C official has not completed - 6 - HC-KAR NC: 2025:KHC-D:15470-DB WP No. 108368 of 2025 his minimum tenure of 4 years as the petitioner was posted to Kittur only on 10.11.2023. 9. Learned Senior counsel would further submit that the posting of petitioner is not a transfer and the order indicates that he is temporarily deputed for a period of one year to Bekkeri Village, Raibag Taluk, which is impermissible. It is submitted that there is no provision to depute a person for one year to a different headquarters. He further submits that the petitioner in such a situation would not be entitled for even transfer allowance. 10. It is further submitted that in the above circumstances, the petitioner has made out a prima facie case for grant of interim prayer which the Tribunal failed to appreciate. Thus, he would pray for grant of interim order as prayed before the Tribunal. 11. Learned Additional Government Advocate on the other hand, would submit that since the main application is pending before the Tribunal, the petitioner may be directed - 7 - HC-KAR NC: 2025:KHC-D:15470-DB WP No. 108368 of 2025 to approach the Tribunal and get an order on merit in the main application itself. 12. Having heard the learned counsel for the parties and on perusal of the entire writ petition papers, we are of the considered opinion that the petitioner has made out a prima facie case for grant of interim prayer and the Tribunal failed to appreciate the prima facie case made out by the petitioner. If the present facts and circumstances of the case is not a prima facie case for grant of interim prayer, then the Tribunal would not be in a position to find a better prima facie case for grant of interim prayer at all, that too when no person is posted in place of the petitioner at Tahasildar Office, Kittur. 13. Prime facie, we find that disturbing the petitioner from Bailhongal and posting him to Kittur itself was contrary to the deputation provisions in the KCSR. Moreover, prima facie, we find that the present posting from Kittur to Bekkeri Village, Raibag Taluk, apart from being premature, - 8 - HC-KAR NC: 2025:KHC-D:15470-DB WP No. 108368 of 2025 is also opposed to KCSR’s. Further, when the petitioner is temporarily deputed or posted, he would not get transfer allowance. It is also to be noted that as no other person is posted in petitioner’s place and interim order of stay of impugned order in the facts and circumstances would not inconvenience anyone. 14. No reasons are recorded by the Tribunal under impugned order as to, why the petitioner/applicant has not made out a prima facie case for grant of interim relief. Mere recording that applicant has not made out a case for grant of interim prayer would not be sufficient. At least in one sentence, why the Tribunal has not found prima facie case is to be indicated. In the above circumstances, the Tribunal was not right in coming to the conclusion that the applicant has not made out a prima facie case for grant of interim prayer. 15. Hence, the following: - 9 - HC-KAR NC: 2025:KHC-D:15470-DB WP No. 108368 of 2025 ORDER a) The Order dated 06.11.2025 in Application No.11172/2025 passed by the Tribunal is set aside, insofar as finding that applicant has not made out a case for grant of interim order; b) Stay of impugned order bearing No.PÀA±Á/¹§âA¢- 03/«ªÀ-13/2025-26 dated 14.10.2025 (Annexure- A5), till the disposal of application No.11172/2025 by the Tribunal and the applicant shall continue at Assistant Commissioner's Office, Bailhongal, where the petitioner was working as on the date of impugned order dated 14.10.2025; c) The Tribunal shall expedite the hearing of the application. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE SH Ct-cmu LIST NO.: 1 SL NO.: 38