- 1 - HC-KAR NC: 2025:KHC-D:11739-DB CCC No. 100197 of 2025 C/W WP No. 103348 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL CIVIL CONTEMPT PETITION NO.100197/2025 (CIVIL) C/W. WRIT PETITION NO. 103348/2025 (S-KAT) IN CCC NO.100197/2025 BETWEEN: SRI. SHETTEPPA S/O. MADIWALAPPA KANABUR, AGED ABOUT 54 YEARS, OCC: ASSISTANT ENGINEER-2, OFFICE OF EXECUTIVE ENGINEER, ZONAL OFFICER, KARNATAKA INDUSTRIAL, AREA DEVELOPMENT BOARD, DHARWAD, DHARWAD DISTRICT, R/AT. NO.319, ‘D’ BLOCK, 3RD PHASE, SHANTHINIKETA LAYOUT, BHAIRIDEVARKOPPA HUBALI, DHARWAD DISTRICT. …COMPLAINANT (BY SRI. SUNIL S. DESAI, ADVOCATE) AND: 1. SRI. V. H. MAHESH, AGE: MAJOR, OCC: SECRETARY, KARNATAKA INDUSTRIAL AREA, DEVELOPMENT BOARD, NO.49, 4TH AND 5TH FLOOR, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:11739-DB CCC No. 100197 of 2025 C/W WP No. 103348 of 2025 2. SRI. BASANAGOUDA S/O. TIMMANGOUD PATIL, AGE ABOUT 59 YEARS, OCC: EXECUTIVE ENGINEER, ZONAL OFFICE, KARNATAKA INDUSTRIAL AREA, DEVELOPMENT BOARD, NEAR DODDAWAD OIL MILL, P. B. ROAD, DHARWAD, DIST. DHARWAD-580001. 3. THE STATE OF KARNATAKA, REPRESENTED BY SECRETARY, DEPARTMENT OF COMMERCE & INDUSTRIES, VIKASA SOUDHA, BENGALUR-560001. …ACCUSED (BY SRI. SHASHI KIRAN SHETTY, SENIOR COUNSEL FOR SRI. B. B. PATIL, ADV. FOR R1; SRI. S. S. BADAWADAGI, ADV. FOR R2; SRI. G. K. HIREGOUDAR, GOVT. ADV. FOR R3) THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, 1950, PRAYING TO A SUITABLE ACTION AGAINST THE ACCUSED BE TAKE FOR HAVING VIOLATED THE ORDER PASSED BY THIS HON’BLE COURT IN WP NO.103348/2025 DATED 27/05/2025 AS PER ANNEXURE-B AND AS PER THE PROVISIONS OF THE CONTEMPT OF COURT ACT FOR HAVING DELIBERATELY IGNORED THE ORDERS PASSED BY THE COURT AND DISPOSSESSING THE MEMBERS OF COMPLAINANT AND ETC. IN WP NO. 103348 OF 2025 BETWEEN: SRI. SHETTEPPA M. KANABUR, S/O. MADIWALAPPA, AGED ABOUT 54 YEARS, WORKING AS ASSISTANT ENGINEER-2, OFFICE OF EXECUTIVE ENGINEER, ZONAL OFFICE, KARANTAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, DHARWAD, DHARWAD DISTRICT, A/AT: NO.319, ‘D’ BLOCK, 3RD PHASE, SHANTHINIKETA LAYOUT, BHAIRIDEVARKOPPA, HUBLI, DHARWAD DISTRICT. …PETITIONER (BY SRI. SUNIL S. DESAI, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC-D:11739-DB CCC No. 100197 of 2025 C/W WP No. 103348 of 2025 AND: 1. THE STATE OF KARNATAKA, REP. BY ITS ADDITIONAL CHIEF SECRETARY, PUBLIC WORKS DEPARTMENT, VIKASA SOUDHA, BENGALURU-560001. 2. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, COMMERCE AND INDUSTRIES DEPARTMENT, VIKASA SOUDHA, BENGALURU-560001. 3. THE SECRETARY, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.49, 4TH AND 5TH FLOOR, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001. 4. THE EXECUTIVE ENGINEER, ZONAL OFFICE, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NEAR DODDAWAD OIL MILL, P. B. ROAD, DHARWAD, DHARWAD DISTRICT-580001. 5. THE CHIEF ENGINEER, COMMUNICATION AND BUILDING (SOUTH), K. R. CIRCLE, BENGALURU-560001. …RESPONDENTS (BY SRI. G. K. HIREGOUDAR, GOVT. ADV. FOR R1, R2 & R5; SRI. SHASHI KIRAN SHETTY, SENIOR COUNSEL FOR SRI. B. B. PATIL, ADV. FOR R3; SRI. S. S. BADAWADAGI, ADV. FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 21-05-2025 PASSED BY HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI IN APPLICATION NO.10550/2025 VIDE ANNEXURE-B, AS ARBITRARY AND ILLEGAL, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THESE PETITIONS, COMING ON FOR HEARING ON IA, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:11739-DB CCC No. 100197 of 2025 C/W WP No. 103348 of 2025 CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) CCC No.100197/2025 is taken up along W.P.No.103348/2025. 2. The writ petition has filed by the applicant before the Karnataka State Administrative Tribunal at Belagavi (‘Tribunal’, for short) aggrieved by the order of the Tribunal whereby the request for interim relief as prayed for was not considered. The applicant had approached the Tribunal challenging his order of transfer dated 15.05.2025 on the ground that the order of transfer was premature and in violation of the Transfer Guidelines as the applicant was posted towards Group ‘C’ post and the security of tenure was four years. The Tribunal had passed an order of maintenance of status quo, which according to the applicant did not address his grievance and accordingly present petition is filed. 3. Sri Shashi Kiran Shetty, learned Senior Counsel appearing on behalf of the KIADB would submit that the order of - 5 - HC-KAR NC: 2025:KHC-D:11739-DB CCC No. 100197 of 2025 C/W WP No. 103348 of 2025 stay granted by this Court requires to be vacated and has advanced various contentions including that the applicant in his parent department was drawing a pay scale which qualified the post that he held to be a Group ‘B’ post and accordingly the security of tenure was two years and if that were to be so, the transfer order is passed after the period of two years and accordingly the contention of the applicant requires to be rejected. 4. Noticing that the present writ petition is filed only against the interim order any adjudication regarding the merits of the contentions raised would prejudice the consideration of the application before the Tribunal on its merits. Accordingly, it would suffice if the present writ petition is disposed off while requesting the Tribunal to take up the matter for consideration on 15.09.2025. 5. Both sides submit that they would co-operate in disposal of the matter. Accordingly, present proceedings are disposed off without adverting to the merits of the contentions raised noticing the limited prayer made. - 6 - HC-KAR NC: 2025:KHC-D:11739-DB CCC No. 100197 of 2025 C/W WP No. 103348 of 2025 6. In light of disposal of the writ petition, the contempt is also disposed off. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE CLK /CT-AN List No.: 1 Sl No.: 42