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2026 DAILYLAW 5028 (KAR)

SRI N DEEPAK v. THE STATE OF KARNATAKA

WP/13329/2026 · 2026-04-25

K V Aravind, S G Pandit

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:22946-DB WP No. 13329 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO.13329 OF 2026 (S-KSAT) BETWEEN: SRI. N.DEEPAK S/O. R. NARAYANA, AGED ABOUT 46 YEARS, WORKING AS DEPUTY TAHSILDAR, BEGUR NADA KACHERI, BEGUR HOBLI, BANGALORE SOUTH TALUK, OPPOSITE TO NAGESHWARA TEMPLE, BANGALORE-560 068, RESIDING AT NO.603, 5TH MAIN ROAD, BHAVANI NAGAR, BANGALORE-560 019, PH NO. 7483767491 EMAIL ID: DEEPAKN98@GMAIL.COM …PETITIONER (BY SRI. SATISH.K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, REP. BY ITS PRINCIPAL SECRETARY, M. S. BUILDING, BANGALORE - 560 001. 2. THE REGIONAL COMMISSIONER AND DISCIPLINARY AUTHORITY, BANGALORE DIVISION, Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:22946-DB WP No. 13329 of 2026 DEPARTMENT OF REVENUE, 2ND FLOOR, B.M.T.C BUILDING, K.H. ROAD, SHANTHINAGAR, BANGALORE 560 027. 3. THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, K. G. ROAD, BANGALORE - 560 009. …RESPONDENTS (BY SRI. V.SHIVAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS FROM THE HON'BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BANGALORE IN RESPECT OF THE IMPUGNED ORDER DATED 16.04.2026 PASSED IN APPLICATION Nos. 2209/2026 (ANNEXURE-A) AND SET ASIDE THE IMPUGNED ORDER DATED 16.04.2026 PASSED BY THE HON'BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BANGALORE IN APPLIATION No.2209/2026 IN SO FAR AS REJECTION 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.2209/2026 (ANNEXURE- B), IN THE INTEREST OF JUSTICE AND EQUITY 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 MR. JUSTICE K. V. ARAVIND - 3 - HC-KAR NC: 2026:KHC:22946-DB WP No. 13329 of 2026 ORAL ORDER (PER: HON'BLE MR. JUSTICE K. V. ARAVIND) Heard Sri K. Satish, learned counsel for the petitioner, and Sri V. Shivareddy, learned Additional Government Advocate for the respondents. 2. This writ petition is filed by the applicant in Application No. 2209/2026, impugning the order dated 16.04.2026 passed by the Karnataka State Administrative Tribunal, Bangalore (For short “Tribunal”). The said application was preferred challenging the order of suspension dated 04.04.2026. By the impugned order, the Tribunal has rejected the interim prayer seeking stay of the operation of the order of suspension. 3. Sri K. Satish, learned counsel appearing for the petitioner, submits that the petitioner has taken necessary steps for removal of the encroachments. It is submitted that notices were issued to the encroachers, and a report has been submitted regarding the further action to be taken. It is further submitted that the allegation against the petitioner that he colluded with the encroachers is baseless. According to the - 4 - HC-KAR NC: 2026:KHC:22946-DB WP No. 13329 of 2026 learned counsel, the material on record indicates that the petitioner has taken all necessary steps to prevent and remove the encroachments. It is contended that the Tribunal, without considering the prima facie case made out by the petitioner, has erroneously denied the interim prayer. 4. Per contra, the learned Additional Government Advocate appearing for the respondents submits that the petitioner, being a Deputy Tahsildar, is responsible for protecting the revenue lands. It is contended that the petitioner, in collusion with the encroachers, permitted the encroachments and the construction thereon. It is further submitted that a prima facie case is made out warranting the order of suspension. It is submitted that the petitioner is required to be placed under suspension pending further enquiry. 5. Having considered the submissions made by the learned counsel for the petitioner and the learned Additional Government Advocate, we notice from the documents on record, namely the notices and reports submitted by the petitioner, that the petitioner has issued notices to the alleged - 5 - HC-KAR NC: 2026:KHC:22946-DB WP No. 13329 of 2026 encroachers calling upon them to furnish documents. Further, the petitioner has submitted a report indicating the course of action required to be taken. 6. The above documents on record indicate a prima facie case in favour of the petitioner. The other contentions raised by the petitioner need not be considered in the present petition in view of the main application pending before the Tribunal. 7. At this stage, the learned Additional Government Advocate submits that the statement of objections would be filed by the State within four weeks from today. In that view of the matter, we pass the following: ORDER (i) Writ petition is allowed; (ii) The order of suspension dated 04.04.2026 issued by respondent No. 2, produced at Annexure-A23, is hereby stayed till disposal of the application before the Tribunal. (iii) The respondents are granted four weeks time from today to file statement of - 6 - HC-KAR NC: 2026:KHC:22946-DB WP No. 13329 of 2026 objections before the Karnataka State Administrative Tribunal. (iv) If the pleadings are completed by both the parties, the Tribunal is requested to consider expeditious disposal of the above application. (v) The observations made hereinabove are only for the purpose of disposal of the present writ petition. (vi) All contentions of both the parties are kept open. (vii) In view of the above, pending I.As, if any, do not survive for consideration. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE SMJ List No.: 1 Sl No.: 26