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2026 DAILYLAW 495 (KAR)

THE STATE OF KARNATAKA, v. SRI MALATESH ANGADI,

WP/1481/2026 · 2026-02-20

K V Aravind, S G Pandit

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:10577-DB WP No. 1481 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 1481 OF 2026 (S-KSAT) BETWEEN: 1. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, DR. B.R.AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE REGIONAL COMMISSIONER, REVENUE DEPARTMENT, BENGALURU DIVISION, BMTC BUILDING, 2ND FLOOR, K.H.ROAD, SHANTHINAGARA, BENGALURU - 560 027. 3. THE DEPUTY COMMISSIONER, DAVANAGERE DISTRICT, DAVANAGERE - 577 002. 4. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, DAVANAGERE - 577 002. …PETITIONERS (BY SRI. VIKAS ROJIPURA, AGA) AND: SRI MALATESH ANGADI, S/O. NAGESHAPPA N.A. AGED ABOUT 35 YEARS, WORKING AS Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10577-DB WP No. 1481 of 2026 VILLAGE ADMINISTRATIVE OFFICER, SURAHONNE CIRCLE, NYAMATI TALUK, DAVANAGERE DISTRICT - 577 223, R/AT HARKANALU (POST), HARAPANAHALLI TALUK VIJAYAPURA DISTRICT - 583 131. …RESPONDENT (BY SRI. N RAMAKRISHNA, ADV. C/R1) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS; ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER TO QUASH THE IMPUGNED ORDER PASSED BY THE KSAT AT BENGALURU IN APPLICATION NOS.3450/2025 DATED 23.09.2025 MARKED AS ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE K.V. ARAVIND) The State of Karnataka, represented by the Principal Secretary, Revenue Department, is before this Court challenging the order dated 23.09.2025 passed in Application No.3450/2025 by the Karnataka State Administrative Tribunal at Bengaluru (for short, “the Tribunal”). - 3 - HC-KAR NC: 2026:KHC:10577-DB WP No. 1481 of 2026 2. The respondent filed an application before the Tribunal seeking issuance of a writ of mandamus to respondent No.3 therein, namely, the Deputy Commissioner, to relieve the respondent from the Davanagere District Unit and to direct respondent No.4 therein, the Deputy Commissioner, Bengaluru Urban District, to permit the respondent to report for duty in the Bengaluru Urban District Unit in terms of the order dated 14.12.2016 passed by the Principal Secretary, Revenue Department. 2.1 The Tribunal entertained the application and issued directions accordingly. 2.2 Aggrieved by the said order, the State has approached this Court contending that the order sought to be implemented is dated 14.12.2016 and that the application filed before the Tribunal in the year 2025 is liable to be dismissed on the ground of inordinate delay and laches. 3. Sri Vikas Rojipura, learned Additional Government Advocate, reiterating the aforesaid contentions, submits that though the order is dated 14.12.2016, the same was never - 4 - HC-KAR NC: 2026:KHC:10577-DB WP No. 1481 of 2026 implemented and the respondent did not take any steps to seek its implementation. It is further contended that the direction issued by the Tribunal after a lapse of nine years is vitiated by delay and laches. 4. Per contra, Sri N. Ramakrishna, learned counsel appearing for the respondent, submits that subsequent to the order dated 14.12.2016, a series of directions were issued and representations were submitted seeking to relieve the respondent in conformity with the said order. It is contended that the concerned authorities deferred implementation on one pretext or another and that there is no delay attributable to the respondent. 5. We have considered the submissions of learned counsel appearing for the parties and perused the writ papers. 6. It is evident from the material on record that, by order dated 14.12.2016, the respondent was directed to be transferred from the Davanagere District Unit to the Bengaluru Urban District Unit, subject to the conditions stipulated therein. Annexure–A3 discloses that the Deputy Commissioner, - 5 - HC-KAR NC: 2026:KHC:10577-DB WP No. 1481 of 2026 Davanagere District, had issued necessary directions to relieve the respondent. However, the process of relieving the respondent from the Davanagere District was deferred on account of various administrative exigencies, one such reason being the impending elections requiring the respondent’s presence. 7. These circumstances belie the contention of the State that the respondent neither agitated the matter nor took steps to secure implementation of the order dated 14.12.2016. Once an order of transfer is issued, it is incumbent upon the competent authorities to give effect to the same by relieving the employee concerned. When the authorities failed to implement the binding order dated 14.12.2016, the Tribunal was justified in issuing appropriate directions to secure compliance with the said order. It is also pertinent to note that the said order dated 14.12.2016 continues to remain in force as on date. 8. In the light of the above, we are of the considered view that the directions issued by the Tribunal are justified in the facts and circumstances of the present case. We find no error - 6 - HC-KAR NC: 2026:KHC:10577-DB WP No. 1481 of 2026 or infirmity in the order passed by the Tribunal warranting interference by this Court. 9. Accordingly, the writ petition is dismissed as devoid of merit. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE NC CT:bms List No.: 1 Sl No.: 59