- 1 - HC-KAR NC: 2025:KHC:52879-DB WP No. 37535 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 37535 OF 2025 (S-KSAT) BETWEEN: DR UMESHA G S/O LATE GATTAIAH P AGE ABOUT 50 YEARS WORKING AS JOINT REGISTRAR OF CO OPERATIVE SOCIETIES BANGALORE DIVISION NO 146 SAHAKARA SOUDHA 8TH CROSS MALLESWARAM BANGALORE 560003 RESIDINGAT NO 903 SATTVA ANUGRAHA APARTMENTS TOWER 13 SUMMANAHALLI BANGALORE 560091 …PETITIONER (BY SRI. M. S. BHAGWAT, SENIOR ADVOCATE, FOR SRI. LOKESH M, ADVOCATE) Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52879-DB WP No. 37535 of 2025 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION REP BY ITS PRINCIPAL SECETARY MS BUILDING BANGALORE 560001 2. THE REGISTRAR OF CO OPERATIVE SOCITIES DEPARTMENT OF CO OPERATION NO 1 ALIL ASKAR ROAD BANGALORE 560052 3. SRI N VENKATESH WORKING AS JOINT REGISTRAR OF CO OPERATIVE SOCIETIES URBAN BANK CELL OFFICE OF THE REGISTRAR OF CO OPERATIVE SOCIETIES NO 1 ALI ASKAR ROAD BANGALORE 560052 4. SRI P MAHESH WORKING AS JOINT REGISTRAR OF CO OPERATIVE SOCIETIES (ICDP) OFFICE OF THE REGISTRAR OF CO OPERATIVE SOCIETIES NO 1 ALI ASKAR ROAD BANGALORE 560052 …RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA FOR R1 & R2; SRI. SURESH S. LOKRE, SENIOR ADVOCATE FOR SRI. VISHWANATHA, ADVOCATE FOR R3; - 3 - HC-KAR NC: 2025:KHC:52879-DB WP No. 37535 of 2025 SMT. SHAMA VAKKUND, ADVOCATE FOR SMT. SONA VAKKUND, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE HONBLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BANGALORE IN RESPECT OF THE IMPUGNED ORDER DATED 09/12/2025 PASSED IN APPLICATION NO.5000/2025 (ANNEXURE-A); SET ASIDE THE IMPUGNED ORDER DATED 09/12/2025 PASSED BY THE HONBLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BANGALORE IN APPLICATION NO.5000/2025, IN SO FAR AS NON- GRANT OF INTERIM ORDER OF STAY AS SOUGHT FOR BY THE PETITIONER IS CONCERNED (ANNEXURE-A) AND CONSEQUENTLY GRANT INTERIM RELIEF AS PRAYED FOR BY THE PETITIONER IN APPLICATION NO.5000/2025 (ANNEXURE-B). THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE T.M.NADAF - 4 - HC-KAR NC: 2025:KHC:52879-DB WP No. 37535 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) The petitioner, a Joint Registrar of Co-operative Societies who was posted to the Bangalore Division on 28.02.2025, is transferred on 05.12.2025. The third respondent replaces the petitioner and the fourth respondent replaces the third respondent. The petitioner has called in question this order dated 05.12.2025 in his Application No.5000/2025 with the Karnataka State Administrative Tribunal [for short, 'the Tribunal']. The Tribunal has directed the parties to maintain Status Quo observing that the assumption of charge by the third and fourth respondents shall be subject to the result of this application. The Tribunal's reasoning is as under: "5. Learned G.P for respondent Nos.1 and 2 as well as learned Counsel for respondent No.3 produced a note sheet pertaining to the transfer of the applicant and private respondents wherein the Hon'ble Chief Minister has approved the transfer of the - 5 - HC-KAR NC: 2025:KHC:52879-DB WP No. 37535 of 2025 respondent Nos.3 and 4. Even though the entire transfer list was approved by the Hon'ble Chief Minister but no reasons have been assigned in the impugned order as stipulated in para no.9 of the transfer guidelines. Apart from that respondent No.3 has been prematurely transferred during the general transfer period under the notification dated 25.06.2025." Mr. M. S. Bhagwat, the learned Senior counsel for the petitioner, submits that, with the definite finding even at this stage that the petitioner's transfer is premature and without a reasoned approval by Hon'ble Chief Minister, the Tribunal should not have allowed the consequences of the transfer to prevail, especially when the petitioner has approached the Tribunal without any lapse of time. Mr. Suresh S. Lokre, the learned Senior counsel for the third respondent, and Ms. Shama Vakkund, the learned counsel for the fourth respondent, submit that this Court must consider that even according to the petitioner there is approval by the Hon'ble Chief - 6 - HC-KAR NC: 2025:KHC:52879-DB WP No. 37535 of 2025 Minister and that the third respondent, who has assumed office on 06.12.2025 is in Belgaum to assist in the ongoing legislative session. These circumstances are considered by this Court, as is the fact that the petitioner is yet to report to his place of transfer. There could be merits in the canvas on behalf of the petitioner, but on the scale of just decision, this Court is of the opinion that with the ongoing session, there must not be any change and the Tribunal must expeditiously decide the application so that the petitioner's grievance is addressed on merits without the respondents taking advantage of the ongoing session beyond the period of such session. In the light of the afore and leaving open all questions to be adjudicated by the Tribunal, the following: ORDER a. The petition stands disposed of requesting the Tribunal to decide the petitioner's - 7 - HC-KAR NC: 2025:KHC:52879-DB WP No. 37535 of 2025 application on merits before 14.01.2026 and definitely by 30.01.2026. b. The petitioner shall also forthwith report to the place of his posting in terms of the order dated 05.12.2025 but without prejudice to his grievance. c. If the petitioner fails to report to duty it shall also be a circumstance that shall be considered by the Tribunal in rendering its final view. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (T.M.NADAF) JUDGE RB