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2026 DAILYLAW 18579 (KAR)

YOGESH KUMAR. NAIK. B. C. v. STATE OF KARNATAKA,

WP/15596/2026 · 2026-06-01

K Manmadha Rao, S G Pandit

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:25489-DB WP No. 15596 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO. 15596 OF 2026 (S-KSAT) BETWEEN: YOGESH KUMAR NAIK. B. C. S/O SRI CHANDRASHEKAR B. B., AGED ABOUT 45 YEARS PRESENTLY WORKING AS POLICE INSPECTOR BESCOM VIGILANCE, HOSAKOTE POLICE STATION BENGALURU RURAL. ALSO AT NO.250, 1ST MAIN ROAD, HIG, ‘A’ SECTOR, YELAHANKA UPANAGARA BENGALURU-560064. …PETITIONER (BY SRI. S.RAJASHEKAR, ADV.) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF HOME AFFAIRS NO.12, RACE COURSE ROAD, MADHAVA NAGARA, GANDHI NAGAR BENGALURU-560 001 REP. BY ITS PRINCIPAL SECRETARY. 2. DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, KARNATAKA STATE POLICE HEADQUATERS, NRUPATHUNGA ROAD, BENGALURU-560 001. Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25489-DB WP No. 15596 of 2026 3. SRIKANTAYYA B N S/O NOT KNOW TO THE PETITIONER PRESENTLY WORKING AS POLICE INSPECTOR, HOSAKOTE TRAFFIC POLICE STATION BENGALURU DISTRICT-562 114. …RESPONDENTS (BY SRI. K.R. RAJENDRA, AGA FOR R1 & R2 SRI VIKRAM HUILGOL, SR. COUNSEL A/W SRI SREENIVASA, ADV. FOR R3) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO SET ASIDE THE ORDER DATED 13.05.2026 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BENGALURU IN APPLICATION NO.2585/2026 TO THE EXTENT OF NOT GRANTING THE INTERIM RELIEF SOUGHT FOR BY THE PETITIONER VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Heard learned counsel Sri.Rajashekar for petitioner, learned Additional Government Advocate Sri.K.R.Rajendra for respondent Nos.1 and 2 and learned senior counsel Sri.Vikram Huilgol along with Sri.Sreenivasa, learned counsel for respondent No.3. - 3 - HC-KAR NC: 2026:KHC:25489-DB WP No. 15596 of 2026 2. Petitioner is before this Court questioning non- grant of interim order by order dated 13.05.2026 in Application No.2585/2026 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘the Tribunal’) whereunder the Tribunal refused to stay the impugned order of transfer dated 10.05.2025. 3. Learned counsel Sri.S.Rajashekar for petitioner would submit that while rejecting the interim prayer of the petitioner, the Tribunal has virtually decided the application of the petitioner by stating that the petitioner herein is working in non-operational post. Further, learned counsel would place reliance on the notification dated 11.09.2003 produced along with memo dated 01.06.2026 to contend that the office in which the petitioner is working is declared as executive post or police station. 4. We are not inclined to entertain the writ petition for the reason that the petitioner is before this Court - 4 - HC-KAR NC: 2026:KHC:25489-DB WP No. 15596 of 2026 against an interim order and the contentions raised by the petitioner is to be considered by the Tribunal. Whether the post in which the petitioner is working is operational or non-operational post, is to be decided by the Tribunal based on the notifications or other materials that is to be produced by both sides. The observation made by the Tribunal that the petitioner is working in non-operational post is for the purpose of deciding the interim prayer of the petitioner and without being influenced by such observation, the Tribunal to decide the main application based on the material that would be placed on record. 5. Learned Additional Government Advocate Sri.K.R.Rajendra would submit that the State would file objections by the next date i.e., 15.06.2026. 6. Learned senior counsel Sri.Vikram Huilgol would also undertake that respondent No.3 would also file objections by that time. - 5 - HC-KAR NC: 2026:KHC:25489-DB WP No. 15596 of 2026 7. On filing of objections within two weeks thereafter, the Tribunal shall endeavor to dispose of the main application. 8. With the above observations, writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE NC CT:bms List No.: 1 Sl No.: 3