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2026 DAILYLAW 51808 (KAR)

SRI SANJEEV R SAMSUDDI v. THE STATE OF KARNATAKA

WP/37462/2025 · 2026-01-08

H P Sandesh, Venkatesh Naik T

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- 1 - HC-KAR NC: 2026:KHC:1039-DB WP No. 37462 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION NO.37462 OF 2025 (S-KSAT) BETWEEN: SRI SANJEEV R. SAMSUDDI S/O. RAMAPPA AGED ABOUT 41 YEARS RANGE FOREST OFFICER SAVADATTI RANGE, SAVADATTI GHATAPRABHA DIVISION DISTRICT: BELAGAVI RESIDING AT RFO QUARTERS, SAVADATTI DISTRICT: BELAGAVI (NOW UNDER ORDER OF TRANSFER TO O/O DEPUTY CONSERVATOR OF FOREST (LEGAL AND ITC), GHATAPRABHA DIVISION GOKAK, DISTRICT: BELAGAVI-591 308. …PETITIONER (BY SRI VINAYAKA S. PANDIT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FOREST ENVIRONMENT AND ECOLOGY M.S. BUILDING BENGALURU-560 001. 2. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST ARANYA BHAVANA, 18TH CROSS MALLESHWARAM BENGALURU-560 009. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1039-DB WP No. 37462 of 2025 3. SRI H. SHIVAKUMAR AGED MAJOR RANGE FOREST OFFICER N. BEGUR WILDLIFE RANGE BANDIPURA TIGER RESERVE AREA DISTRICT:CHAMARAJANAGAR-571 313. …RESPONDENTS (BY SRI VIKAS ROJIPURA, AGA FOR R-1 AND R-2; SRI M. MADHUSUDHAN, ADVOCATE FOR R-3; [VIDE ORDER DATED 11-12-2025, NOTICE TO R-3 DEFERRED]) * * * THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO I) SET ASIDE THE ORDER DATED 8-12-2025 IN APPLICATION NO.4916 OF 2025 PASSED BY THE TRIBUNAL AT ANNEXURE-A IN RESPECT OF DENYING THE INTERIM RELIEF SOUGHT FOR BY THE PETITIONER TO STAY THE IMPUGNED ORDER DATED 1-12-2025 (ANNEXURE-A12) AND CONSEQUENTLY TO GRANT INTERIM ORDER TO STAY THE OPERATION OF THE ORDER DATED 1-12-2025 AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL ORDER (PER: HON'BLE MR. JUSTICE H.P.SANDESH) This Writ Petition is come up for consideration on I.A. No.1 of 2026 filed for vacating stay, and both the counsels submit that matter may be considered on merits. 2. The present Writ Petition is filed praying to set aside the order dated 08.12.2025 passed in Application - 3 - HC-KAR NC: 2026:KHC:1039-DB WP No. 37462 of 2025 No.4916/2025 by the Tribunal at Annexure-A, whereby the interim relief sought by the petitioner to stay the impugned order dated 01.12.2025 (Annexure-12) was denied, and consequently to grant an interim order. 3. The factual matrix of case is that, on 01.12.2025, an office order came to be issued by respondent No.2, wherein respondent No.3 was posted in place of the petitioner and the petitioner was transferred from the present post. The petitioner was posted to the office of the DCF (Legal & ITC), Ghataprabha Division, Gokak. The order of transfer of the petitioner is alleged to be in total violation of transfer guidelines dated 12.05.2025 issued by the State Government. It is contended that the transfer of the petitioner is premature, issued within the period of general transfer guidelines, without approval of the Hon'ble Chief Minister, politically motivated, and not in public interest. - 4 - HC-KAR NC: 2026:KHC:1039-DB WP No. 37462 of 2025 4. The said order was challenged before the Tribunal, which declined to grant the relief. However, this Court, vide order dated 11.12.2025, granted an interim order and taking note of the prima facie case, observed that the question to be considered was whether the petitioner could be transferred even before completion of two years, subject to post facto approval of the Hon’ble Chief Minister. This Court further observed that the petitioner had made out a case for grant of interim relief, which had not been considered by the Tribunal, and accordingly stayed Annexure-12 and positively directed that the petitioner shall continue to work in the post held prior to the order dated 01.12.2025. Pursuant to the said order, the petitioner has continued in the very same posting. 5. Learned counsel appearing for the petitioner and learned Additional Government Advocate for the State submit that in view of the interim order granted by this Court, the petitioner has continued in service and a time- - 5 - HC-KAR NC: 2026:KHC:1039-DB WP No. 37462 of 2025 bound direction may be given to the Tribunal to consider the matter on merits. 6. Having heard the learned counsel for the petitioner and also the learned Additional Government Advocate appearing for the State and taking note of the fact that this Court has already found prima facie material to grant interim relief and that the transfer is within a period of two years and further considering that both the counsels submit that the matter is pending before the Tribunal with the next date fixed as 22.01.2026, this Court is of the view that the interim order already granted ought to continued till disposal of the case by the Tribunal. Accordingly, the Tribunal is directed to dispose of the matter either on 22.01.2026 or within a period of one month from today. With these observations, the writ petition stands disposed of. 7. The respective counsels are directed to produce copy of this order before the Tribunal on 22.01.2026 to - 6 - HC-KAR NC: 2026:KHC:1039-DB WP No. 37462 of 2025 enable the Tribunal to take up the matter and comply with the directions issued by this Court without fail. The observation shall not influence the Tribunal while considering the matter on merits. Sd/- (H.P.SANDESH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE AM List No.: 1 Sl No.: 10