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2025 DAILYLAW 75775 (KAR)

SRI. B. RAVI KUMAR, v. STATE OF KARNATAKA,

WP/31454/2025 · 2025-11-27

Ashok S Kinagi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:49522 WP No. 31454 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 31454 OF 2025 (S-TR) BETWEEN: SRI. B. RAVI KUMAR, S/O. SRI. BASAPPA, AGED ABOUT 51 YEARS, WORKING AS BILL COLLECTOR, R/AT BHOVI COLONY, K.R. EXTENSION, MADHUGIRI, TUMKUR DISTRICT-572 132 …PETITIONER (BY SRI. NAGARAJ D., ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT AND MUNICIPAL ADMINISTRATION, VIKASA SOUDHA, DR.B.R.AMBEDKAR BEEDHI, BENGALURU-560 001 2. DIRECTORATE OF MUNICIPAL ADMINISTRATION, VISHVESHVARAYYA TOWER, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560 001. REPRESENTED BY ITS DIRECTOR Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49522 WP No. 31454 of 2025 3. THE CHIEF OFFICER, THE TOWN MUNICIPAL COUNCIL, MADHUGIRI, TUMKUR DISTRICT, 572101 4. SRI. H.N. KRISHNA, AGED ABOUT 36 YEARS, BILL COLLECTOR, TOWN MUNICIPAL COUNCIL, MADHUGIRI, TUMKUR DISTRICT. 572101 …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA FOR R1 & R2 SRI. P.N. NANJA REDDY, ADVOCATE FOR R4 SRI. A NAGARAJAPPA, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER NO. NA A E 151 TMS 2025(E) DATED 06.10.2025 PASSED BY THE 1ST RESPONDENT, CANCELLING THE TRANSFER OF THE PETITIONER VIDE ORDER NO. NA.A.E.94 TMS 2025(E) DATED 30.08.2025 AND CONTINUING THE 4TH RESPONDENT AS BILL COLLECTOR, VIDE ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY. DIRECT THE 3RD RESPONDENT TO PERMIT THE PETITIONER TO REPORT TO DUTY AS BILL COLLECTOR PURSUANT TO THE GOVERNMENT ORDER DATED 30.08.2025 VIDE ANNEXURE-J AND ALLOW THE PETITIONER TO WORK AS BILL COLLECTOR, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:49522 WP No. 31454 of 2025 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this writ petition seeking for the following reliefs: a) Issue a writ, order or direction in the nature of certiorari or any other appropriate writ, quashing the impugned Order No. NA A E 151 TMS 2025(E) dated 06.10.2025 passed by the 1st Respondent, cancelling the transfer of the Petitioner vide Order No.ΝΑ.Α.Ε 94 TMS 2025(E) dated 30.08.2025 and continuing the 4th Respondent as Bill Collector, vide ANNEXURE-A, in the interest of justice and equity. b) Issue a writ, order or direction in the nature of mandamus directing the 3rd Respondent to permit the Petitioner to report to duty as Bill Collector pursuant to the Government Order dated 30.08.2025 vide ANNEXURE-J and allow the Petitioner to work as Bill Collector, in the interest of justice and equity. c) Pass order of consequential relief or any other appropriate order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case, in the ends of justice and equity. - 4 - HC-KAR NC: 2025:KHC:49522 WP No. 31454 of 2025 2. Brief facts leading rise to the filing of this writ petition are as follows: 2.1. The petitioner has reported to the duty as a Bill Collector to the City Municipal Council, Sira on 02.03.2012. Respondent No.1 issued an official memorandum on 30.06.2025 transferring 12 Bill Collectors and the petitioner was transferred as a Bill Collector to Madhugiri Town Municipal Council. Pursuant to the said order, on 03.07.2025, the petitioner was relieved by the Commissioner, City Municipal Council, Sira, and the petitioner reported to the transferred place on 04.07.2025. Since the petitioner was not permitted to report to the duty as a Bill Collector on 15.07.2025, he submitted a representation to respondent No.2 stating that there is no vacant post of a Bill Collector and to that effect, respondent No.3 has issued an endorsement. Again, on 30.08.2025, respondent No.1 has issued an office memorandum transferring the petitioner as a Bill Collector to respondent No.3-Town Municipal Council in place of - 5 - HC-KAR NC: 2025:KHC:49522 WP No. 31454 of 2025 respondent No.4. Pursuant to the transfer order dated 30.08.2025 passed by respondent No.1, on 01.09.2025, the petitioner submitted a letter to respondent No.3 requesting him to report as a Bill Collector. Respondent No.3 has not permitted the petitioner to report to the duty pursuant to the Government Order dated 06.10.2025. The petitioner, aggrieved by the order dated 06.10.2025, filed this writ petition. 3. During the pendency of this writ petition, learned Additional Government Advocate has produced the transfer order (official memorandum) dated 24.11.2025, wherein the petitioner was transferred from Madhugiri to Pavagada Town Municipal Council and respondent No.4 was also transferred vide order (official memorandum) dated 26.11.2025. 4. In view of the subsequent order of transfer of the petitioner, nothing further survives for consideration in this writ petition. - 6 - HC-KAR NC: 2025:KHC:49522 WP No. 31454 of 2025 5. Accordingly, I proceed to pass the following: ORDER i. The writ petition is dismissed as having become infructuous; ii. Liberty is reserved to the petitioner to make a representation to respondent No.1 for change of place; if such a representation is made to respondent No.1, respondent No.1 is directed to consider the representation and pass an appropriate order in accordance with law; iii. Pending IAs, if any, are disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 1 Sl No.: 7