- 1 - HC-KAR NC: 2025:KHC:30865-DB WP No. 2281 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 2281 OF 2022 (S-KSAT) BETWEEN: SRI A. EARNEST SATISH KUMAR S/O ANTHU EARNEST AGED ABOUT 56 YEARS DEPUTY TAHSILDAR REVENUE DEPARTMENT PANATHUR CIRCLE, VARTHURU HOBLI, BENGALURU EAST TALUK, K R PURA, BENGALURU-560049 R/AT NO.1 KV PRISTINE APARTMENT B-004, 13TH CROSS, BTM 1ST STAGE MARUTHINAGAR, MADIWALA BENGALURU-560068. …PETITIONER (BY SRI. THILAK RAJ S.V., ADV. FOR SRI H N BASAVARAJU, ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M S BUILDING BENGALURU-560001. 2. THE REGIONAL COMMISSIONER BENGALURU DIVISION, 2ND FLOOR, Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30865-DB WP No. 2281 of 2022 BMTC BUILDING, SHANTHINAGAR, K H ROAD, BENGALURU-560027. 3. THE TAHSILDAR REVENUE DEPARTMENT BENGALURU EAST TALUK K R PURAM, BENGALURU-560049. 4. SRI M MANJUNATHASWAMY S/O NOT KNOWN TO THE PETITIONER MAJOR IN AGE SOCIAL SECURITY SHERESTEDAR REVENUE DEPARTMENT CHALLAKERE TALUK CHITRADURGA DISTRICT-577522. …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA FOR R1-3 SRI H.N.VISHWANATH, ADV. FOR R4 ) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT TO QUASH THE ORDER DATED 20/01/2022 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU, IN APPLICATION NO.6164/021 AS PER ANNEXURE-L AND ETC. 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 - 3 - HC-KAR NC: 2025:KHC:30865-DB WP No. 2281 of 2022 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioner working as Deputy Tahsildar is before this Court, questioning the dismissal of his Application bearing No.6164/2021 by order dated 20.01.2022 whereunder, he had challenged the O.M. dated 23.12.2021 (Annexure-A4), posting respondent No.4 in his place without providing any posting to him. 2. Heard learned counsel Sri.Thilak Raj S.V. for Sri.H.N.Basavaraju, learned counsel for the petitioner; Smt.B.Sukanya Baliga, learned AGA for respondents No.1 to 3 and Sri.H.N.Vishwanath, learned counsel for respondent No.4. Perused the entire writ petition papers. 3. Learned counsel for the petitioner would submit that the petitioner was posted as Deputy Tahsildar, Panathur Circle, Bangalore East Taluk, Bangalore Urban District under O.M. dated 29.03.2021 and he reported to the said post on the same day. Further, learned counsel for the petitioner would submit that under Annexure-A4 O.M. - 4 - HC-KAR NC: 2025:KHC:30865-DB WP No. 2281 of 2022 dated 23.12.2021, respondent No.4 was posted to petitioner’s place without showing any posting to him, when the petitioner was on leave. Learned counsel would submit that the Tribunal committed a grave error in dismissing the application only on the ground that the petitioner had vacated the post on leave and to make alternate arrangement to the said post, the Government posted the 4th respondent and found no infirmity in the said order of posting. Learned counsel would submit that the Tribunal failed to examine the correctness or otherwise of the O.M. dated 23.12.2021 (Annexure-A4). Learned counsel would contend that the transfer of the petitioner was premature, that too without providing any posting. 4. Per contra, learned AGA Smt.Sukanya Baliga would submit that as on this date, the petitioner has completed his tenure of 4 years at Panathur Circle and he would be liable for transfer. - 5 - HC-KAR NC: 2025:KHC:30865-DB WP No. 2281 of 2022 5. On hearing the learned counsel for the parties and on perusal of the entire writ petition papers, the only point which falls for consideration is as to whether the impugned order passed by the Tribunal as well as the impugned O.M. dated 23.12.2021 insofar as transfer and posting of the petitioner and respondent No.4 are concerned require interference? 6. Answer to the above point would be in the affirmative for the following reasons: The petitioner is working as Deputy Tahsildar which is a Group-C post. Group-C officials are provided 4 years tenure under the relevant Government Order which regulates transfer. The petitioner was posted to Panathur Circle as Deputy Tahsildar under O.M. dated 29.03.2021 and under the impugned O.M. dated 23.12.2021, respondent No.4 was posted to the place of petitioner without providing posting to the petitioner. The said transfer of the petitioner is premature as he had not completed his tenure. Moreover, no posting was provided - 6 - HC-KAR NC: 2025:KHC:30865-DB WP No. 2281 of 2022 to the petitioner. The Tribunal failed to examine both the above grounds. The Tribunal could not have rejected the application only on the ground that the petitioner on leave had vacated the post and the Government had made alternate arrangement by posting respondent No.4. The Tribunal was required to examine the grounds raised by the petitioner and on failure of the Tribunal to examine those grounds, this Court on 31.03.2022 granted interim order, continuing the petitioner as Deputy Tahsildar at Panathur by staying the O.M. dated 23.12.2021 (Annexure-A4). 7. As submitted by learned AGA, as on this date, the petitioner has completed his tenure in the present place of posting i.e., at Panathur Circle, Bangalore East Taluk, Bangalore Urban District. 8. Taking note of the above, the following order: (i) The writ petition is disposed of. - 7 - HC-KAR NC: 2025:KHC:30865-DB WP No. 2281 of 2022 (ii) The impugned order passed by the Tribunal in Application No.6164/2021 dated 20.01.2021 is set aside. Consequently, the O.M. bearing No.EEEE----PÀAE 374 ©JAJ PÀAE 374 ©JAJ PÀAE 374 ©JAJ PÀAE 374 ©JAJA 2021 A 2021 A 2021 A 2021 dated 23.12.2021 (Annexure-A4) is quashed insofar as posting respondent No.4 in the place of petitioner as Deputy Tahsildar at Panathur Circle, Bangalore East Taluk, Bangalore Urban District. (iii) Since the petitioner has completed his tenure at the present place of posting, it is open for respondents- authorities to transfer the petitioner in the exigency of service, by strictly following the Government Order with regard to transfers. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE MPK CT:bms List No.: 1 Sl No.: 17