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2026 DAILYLAW 20813 (KAR)

SRI A NAVEEN KUMAR v. THE STATE OF KARNATAKA

WP/16515/2026 · 2026-06-05

K Manmadha Rao, S G Pandit

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:26829-DB WP No. 16515 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH 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. 16515 OF 2026 (S-KSAT) BETWEEN: SRI A NAVEEN KUMAR S/O. LATE ANJANAPPA, AGED ABOUT 44 YEARS, WORKING AS DEPUTY TAHSILDAR NADAKACHERI, ATTIBELE HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT-562 106. R/AT NO. 64, HRUDAYA NILAYA, KENGERI FORT, KENGERI, BENGALURU - 560 060. …PETITIONER (BY SRI. PRITHVEESH M. K., ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M. S. BUILDINGS, BENGALURU - 560 001. 2. THE REGIONAL COMMISSIONER, BANGALORE DIVISION AND EX OFFICEO – SECRETARY NODAL OFFICER (FINANCE OFFENCES), DEPARTMENT OF REVENUE, 2ND FLOOR, BMTC BUILDING, K. H. ROAD, SHANTHINAGAR, BANGALORE - 560 027. Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26829-DB WP No. 16515 of 2026 3. THE DEPUTY COMMISSIONER, DEPARTMENT OF REVENUE, K. G. ROAD, BANGALORE URBAN DISTRICT, BANGALORE - 560 009. 4. THE TAHSILDAR OFFICE OF THE TAHSILDAR DEPARTMENT OF REVENUE ANEKAL TALUK BANGALORE URBAN DISTRICT-562106 …RESPONDENTS (BY SRI. V SHIVA REDDY, AGA) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. CALL FOR RECORDS FROM THE RESPONDENTS PERTAINING TO IMPUGNED OFFICIAL MEMORANDUM DATED 27.05.2026 AS WELL AS THE SUBSEQUENT IMPUGNED OFFICIAL MEMORANDUM DATED 29.05.2026 IN SO FAR AS THE PETITIONER IS CONCERNED 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) Learned Additional Government Advocate accepts notice for respondents. - 3 - HC-KAR NC: 2026:KHC:26829-DB WP No. 16515 of 2026 Heard learned counsel Sri.M.K.Prithveesh for petitioner and learned AGA for respondents. Perused the writ petition papers. 2. Learned counsel Sri.Prithveesh for petitioner would submit that the petitioner is working as Deputy Tahsildar, a Group-C post and he was posted to the present place of working i.e., Attibele Hobli, Anekal Taluk, Bangalore Urban District on 12.09.2024 and even before he completes his tenure of 4 years, under impugned order dated 27.05.2026, the petitioner is transferred from the present place as Election Sheristedar, Taluk Office, Turuvekere Taluk, Tumkur District. Learned counsel would submit that the transfer is totally premature and the Tribunal failed to examine the prima facie case made out by the petitioner. Further, learned counsel would submit that no other person is posted in the place of petitioner and taking note of the relieving letter at Annexure-A4 dated 29.05.2026, the Tribunal refused to grant interim order which is unreasonable. Thus, he would pray for allowing the writ petition and to grant interim order as prayed before the Tribunal. - 4 - HC-KAR NC: 2026:KHC:26829-DB WP No. 16515 of 2026 3. Learned AGA would submit that under what circumstances the petitioner is transferred from Anekal to Turuvekere, Tumkur District is not known. Further, he would submit that the petitioner is transferred from Anekal to a vacant post at Turuvekere as his services were necessary at Turuvekere. Thus, he would pray for dismissal of the writ petition. 4. Having heard the learned counsel for the parties and on perusal of the entire writ petition papers, we are of the considered view that the Tribunal failed to examine as to whether the petitioner has made out prima facie case for grant of interim prayer. 5. Admittedly, the petitioner who is working as Deputy Tahsildar in Group-C post was posted to the present place in terms of the Annexure-A1/O.M. dated 12.09.2024. Under impugned order dated 27.05.2026, the petitioner is transferred from Anekal to Turuvekere, Tumkuru District. Admittedly, the petitioner has not completed his tenure of 4 years. It is to be noticed that the Government has power to transfer even before - 5 - HC-KAR NC: 2026:KHC:26829-DB WP No. 16515 of 2026 completion of tenure, however, by recording reasons for such transfer. In the impugned order of transfer, no reasons are assigned. It is for the Tribunal to examine on filing statement of objection by the respondents as to what is the reason for petitioner’s transfer, since the petitioner has not completed his tenure at the transferred place. We are of the view that in the instant case, the petitioner has made out a prima facie case. The Tribunal mechanically proceeded to reject the application holding that as the petitioner is relieved from his post, the Tribunal could not direct the respondents to continue the applicant in the present post, without noticing that no person is posted in his place. 6. Hence, the following order: The writ petition is allowed. The order dated 01.06.2026 in Application No.2669/2026 passed by the Tribunal is set aside. The impugned O.M. dated 27.05.2026 bearing No.¹§âA¢(2)/¹Dgï/09/2026 ¹§âA¢(2)/¹Dgï/09/2026 ¹§âA¢(2)/¹Dgï/09/2026 ¹§âA¢(2)/¹Dgï/09/2026----27 27 27 27 is stayed, insofar as the petitioner is concerned, till disposal of the application. Learned AGA Sri.Shivareddy undertakes that statement of objections would be filed by the next date of hearing i.e. - 6 - HC-KAR NC: 2026:KHC:26829-DB WP No. 16515 of 2026 17.06.2026. If objections are filed, we request that the Tribunal to take up the matter for final disposal. SD/- (S.G.PANDIT) JUDGE SD/- (DR.K.MANMADHA RAO) JUDGE MPK CT:bms List No.: 1 Sl No.: 8