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2025 DAILYLAW 85103 (KAR)

SRI. MOHAN S/O ARUNA BHOVI v. THE STATE OF KARNATAKA

WP/103116/2025 · 2025-08-18

S Sunil Dutt Yadav, Vijaykumar A Patil

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10340-DB WP No. 103116 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT PETITION NO. 103116 OF 2025 (S-KAT) BETWEEN: SRI. MOHAN S/O. ARUNA BHOVI, AGE: 58 YEARS, OCCUPATION: ACCOUNTS SUPERINTENDENT OFFICE OF THE EXECUTIVE ENGINEER PRE DIVISION, BELAGAVI-590001, R/O. H.NO.10762, 1ST CROSS, NEHRU NAGAR, BELAGAVI, TALUK AND DISTRICT BELAGAVI-590001. EMAIL ID. mohanbhovi1966@gmail.com. …PETITIONER (BY SRI. SRINIVAS NAIK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, M. S. BUILDING, BANGALORE-560001. 2. THE PRINCIPAL DIRECTOR, KARNATAKA STATE AUDIT & ACCOUNTS DEPARTMENT, TTMC BUILDING, 3RD FLOOR, ‘A’ BLOCK, BMTC SHANTHINAGAR, BENGALURU-560027. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:10340-DB WP No. 103116 of 2025 3. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYATH, BELAGAVI DISTRICT-590001. 4. SRI. BASAVARAJA SHIRASALAMARAD, ACCOUNTS ASSISTANT, AGE: MAJOR, OCCUPATION: OFFICE OF THE EXECUTIVE OFFICER, TALUKA PANCHAYAT BELAGAVI-590001. NOW PROMOTED AS ACCOUNTS SUPERINTENDENT AND POSTED TO PRE DIVISION, BELAGAVI-590001. …RESPONDENTS (BY SRI. G. K. HIREGOUDAR, GOVT. ADV. FOR R1 AND R2; SRI. SHIVARAJ HIREMATH, ADV. FOR R3; SRI. SAMPATH KUMAR R. NEMAGOUDA, 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 AND QUASH THE IMPUGNED ORDER DATED 28/04/2025 PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL BELAGAVI IN APPLICATION NO.10458/2025 PRODUCED AS ANNEXURE-A, AND CONSEQUENTIALLY, ALLOW THE APPLICATION NO.10458/2025 AND QUASH THE IMPUGNED OFFICIAL MEMORANDUM BEARING NO.RALEPA 5 SIAABA 2024-25/89 DATED 09.04.2025 (ANNEXURE-A3) ISSUED BY THE 2ND RESPONDENT IN SO FAR AS POSTING OF THE 4TH RESPONDENT AT SL.NO.24 TO THE PLACE OF THE PETITIONER IS CONCERNED, WITH A DIRECTION TO THE CONTINUE THE PETITIONER AS ACCOUNTS SUPERINTENDENT, IN THE OFFICE OF THE EXECUTIVE ENGINEER, PRE DIVISION, BELAGAVI, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL - 3 - HC-KAR NC: 2025:KHC-D:10340-DB WP No. 103116 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The petitioner who is the applicant before the Tribunal has called in question correctness of order passed by the Tribunal in Application No.10458/2025. Application filed challenging the order of transfer came to be rejected by the Tribunal by reasoned order. The said order is in challenge. 2. After hearing the matter for some time, the learned counsel for the petitioner submits that the petitioner has less than nine months of service left and he has made a representation dated 02.08.2025 to the respondents seeking for posting at Chikkodi. 3. Learned AGA submits that they would examine the same appropriately. 4. Learned counsel for the petitioner submits that, his grievance would stand redressed if the representation is considered. - 4 - HC-KAR NC: 2025:KHC-D:10340-DB WP No. 103116 of 2025 5. In light of the same, the petition is disposed off without entering into the merits while noticing application made and that the State would consider the same appropriately. 6. Needless to state that the representation of the petitioner to be considered within a period of two weeks from today. Such direction is passed taking note of the submission of the petitioner that he has only nine months of service left. 7. We make it clear we have not expressed any opinion on the merits of the matter. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE RH /CT-AN List No.: 1 Sl No.: 28