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2026 DAILYLAW 53655 (KAR)

THE STATE OF KARNATAKA v. SRI MAHESH N IBRAHIMPUR

WP/107945/2025 · 2026-01-07

B Muralidhara Pai, M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:107-DB WP No. 107945 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 7TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI WRIT PETITION NO. 107945 OF 2025 (S-KAT) BETWEEN: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS ADDL. CHIEF SECRETARY, REVENUE DEPARTMENT, M. S. BUILDING, BENGALURU – 560 001. 2. THE DEPUTY COMMISSIONER, BELAGAVI, DISTRICT: BELAGAVI – 590 001. 3. THE TAHASILDAR, KALAGHATAGI TALUKA OFFICE, KALAGHATAGI – 581 204, DHARWAD DISTRICT. …PETITIONERS (BY SRI. G. K. HIREGOUDAR, PRL. GOVERNMENT ADVOCATE) Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2026:KHC-D:107-DB WP No. 107945 of 2025 AND: 1. SRI MAHESH N. IBRAHIMPUR S/O. NAGAPPA, AGE: 48 YEARS, RETIRED AS WORKING AS FIRST DIVISION ASSISTANT (RULE-42B) OFFICE OF THE TAHASILDAR, KALAGHATAGI – 581 204, DISTRICT: DHARWAD, RESIDING AT C/O. M.G.GHOKHI, SIDDAKALYANA NAGAR, UNKAL, HUBBALLI – 580 020. 2. SRI DADAPPA MAKHANDAR, AGED MAJOR, WORKING AS FIRST DIVISION ASSISTANT, OFFICE OF DEPUTY COMMISSIONER, DHARWAD, DISTRICT: DHARWAD – 580 001. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 07.01.2025 IN APPLICATION NO.12260/2024 ON THE FILE OF THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI AND DISMISS THE A.NO.12260/2024 IN THE INTERESTS OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC-D:107-DB WP No. 107945 of 2025 CORAM: THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.I.ARUN) Respondent No.1 was posted as a First Division Assistant in the Taluka Tahasildar’s Office at Kalaghatagi in Revenue Department, on 10.01.2024. He was transferred on 11.09.2024 from the said post and he was not shown any posting. Aggrieved by the same, he preferred Application No.12260/2024 before the Karnataka State Administrative Tribunal (for short, ‘the KAT’), Belagavi. 2. The KAT, on the ground that respondent No.1 is a Group-C employee and there is a security of tenure for a period of four years for Group-C employees and that the transfer has been made in violation of the same and without any justification, allowed the application and set aside the transfer order. Aggrieved by the same, the State has preferred this writ petition. - 4 - HC-KAR NC: 2026:KHC-D:107-DB WP No. 107945 of 2025 3. Admittedly, respondent No.1 is a Group-C employee and his transfer has been effected before expiry of four years, which is the minimum period prescribed before which he could not have been transferred. The petitioners are unable to show the special circumstances which warranted transfer of respondent No.1 prior to expiry of the said four years. 4. For the aforementioned reasons, we do not see any error in the impugned order passed by the KAT and accordingly, the writ petition is hereby dismissed. Pending interlocutory applications, if any, stand disposed of as not surviving for consideration. Sd/- (M.I.ARUN) JUDGE Sd/- (B. MURALIDHARA PAI) JUDGE KMS, CKK CT-ASC List No.: 1 Sl No.: 22