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2026 DAILYLAW 17919 (KAR)

MAHESH P S v. STATE OF KARNTAKA

WP/14745/2026 · 2026-05-14

H P Sandesh, P Sree Sudha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:24747-DB WP No. 14745 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MAY, 2026 PRESENT THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MRS. JUSTICE P SREE SUDHA WRIT PETITION NO. 14745 OF 2026 (S-KSAT) BETWEEN: MAHESH P S S/O LATE P C SOMAIAH, AGED ABOUT 54 YEARS, SPECIAL LAND ACQUISITION OFFICER, HEMAVATHI RESERVOIR PROJECT-2, DC OFFICE BUILDING, HASSAN-573 201. …PETITIONER (BY SRI. M. JAGANNATH ALVA, ADVOCATE) AND: 1. STATE OF KARNTAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, BENGALURU-560 001. 2. THE UNDER SECRETARY TO THE GOVERNMENT DEPT. OF PERSONNEL & ADMINISTRATIVE REFORMS (SERVICE-2), M S BUILDING, BENGALURU-560 001. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:24747-DB WP No. 14745 of 2026 3. MANJUNATH V S/O LATE VEERANNA K AGED ABOUT 59 YEARS, NO.1163/1, BANASHANKARI NILAYA, IST MAIN, HEMAVATHI NAGAR, HASSAN-573 201. (WRONGLY SHOWN IN THE IMPUGNED ORDER AS SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PROJECT-2 D.C. OFFICE BUILDING HASSAN-573 201) …RESPONDENTS (BY SRI. M. RAJAKUMAR, AGA FOR R1 AND R2, SRI. J.S. HALASHETTY, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF INDIAN CONSTITUTION, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTIONS QUASHING THE IMPUGNED ORDER DATED 30/04/2026 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL (KSAT) CH-III BENGALURU IN A.NO.2418/2026 WHICH IS PRODUCED AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH and HON'BLE MRS. JUSTICE P SREE SUDHA - 3 - HC-KAR NC: 2026:KHC:24747-DB WP No. 14745 of 2026 ORAL ORDER (PER: HON'BLE MR. JUSTICE H.P.SANDESH) Heard the learned counsel appearing for the petitioner and also the learned counsel appearing for respondent No.3 and also the learned counsel appearing for the respondent- State. 2. In this writ petition, challenge is made before this Court in respect of the grant of interim order by the Tribunal, wherein the Tribunal, while granting the interim order has taken note of the fact that the applicant has made out a prima facie case for issuance of an interim direction to the respondents and accordingly, directed respondents not to relieve the applicant from the present place, until a posting is provided to him. It was further observed by the Tribunal that the reporting of the private respondent shall be subject to the result of the application and the said observation is made in view of the submission made by the learned counsel appearing for the private respondent before the Tribunal that private respondent has already assumed the charge and the said order - 4 - HC-KAR NC: 2026:KHC:24747-DB WP No. 14745 of 2026 has already been implemented. However, the Tribunal fixed the date as 23.06.2026. 3. Now, the petitioner as well as respondent No.3 is fighting each other for the very same post. Having taken note of the said fact into consideration and also even in spite of repeatedly this Court held that there cannot be any transfer without posting, the same is done by the State. 4. Learned counsel appearing to the respondent-State would submit that the State would make a provision for posting, but not ready to undertake before the Court that within what the time bound they are going to do. 5. Such being the case, when the Tribunal has already passed an order granting interim relief and also made it clear that reporting of the private respondent shall be subject to the result of the application, it is appropriate for the Tribunal take up the matter on 02.06.2026 and dispose of the same on merits. - 5 - HC-KAR NC: 2026:KHC:24747-DB WP No. 14745 of 2026 6. The respective parties are directed to appear before the Tribunal on 02.06.2026 without expecting any notice. 7. Accordingly, this writ petition is disposed of. Sd/- (H.P.SANDESH) JUDGE Sd/- (P SREE SUDHA) JUDGE CS; List No.: 1 Sl No.: 22