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2026 DAILYLAW 54064 (KAR)

MR. KOMMINENI RAJESH ROSHAN v. THE AIR OFFICER COMMANDING

WP/110127/2025 · 2026-01-05

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:17 WP No. 110127 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.110127 OF 2025 (S-RES) BETWEEN: MR. KOMMINENI RAJESH ROSHAN AGE: 39 YEARS, OCC: SERVICE, R/O. 2/198, T AGRAHARAM, RAJAMPET, CUDDAPAH, ANDRAPRADESH-516115. …PETITIONER (BY SRI. S.H.YADAWAD, ADVOCATE) AND: 1. THE AIR OFFICER COMMANDING AIRMAN TRAINING SCHOOL, SAMBRA, TAL AND DIST: BELAGAVI-591103. 2. THE AIR OFFICER COMMANDING AIRMAN RECORD OFFICE, SUBROTO PARK, NEW DELHI-110010. …RESPONDENTS (BY SRI. M.B.KANAVI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS OR ANY OTHER WRIT ORDER OR DIRECTION TO THE RESPONDENT NO.2 TO PASS ORDER ON APPLICATION OF PETITIONER BEARING NO. 202508119163604 PRODUCED AT ANNEXURE-D DATED 11/08/2025 AND COMMUNICATE THE SAME TO PETTIIONER TO MEET THE ENDS OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.07 11:19:46 +0530 - 2 - HC-KAR NC: 2026:KHC-D:17 WP No. 110127 of 2025 CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER The petitioner, who joined the Indian Air Force on 27.12.2025, has approached this Court seeking a writ of mandamus directing respondent No.2 to pass orders on the application of the petitioner dated 11.08.2025 at Annexure-D. 2. The respondents have filed this statement of objections along with an application for vacating of the interim orders granted by this Court. 3. With consent of both learned counsel, the matter is taken for final disposal. 4. The preliminary objection raised by the learned counsel for the respondents is regarding the maintainability of the writ petition contending that the petitioner has an alternative efficacious statutory remedy under the Armed Forces Tribunal Act, 2007 (for short ‘the Act of 2007’). - 3 - HC-KAR NC: 2026:KHC-D:17 WP No. 110127 of 2025 5. Learned counsel appearing for the respondents further submits that very relief sought by the petitioner has already been considered and rejected claim by the competent authority vide endorsement dated 23.12.2025 (Annexure-R3). It is contended suppressing the said material fact the present petitioner has approached this Court seeking a writ of mandamus, as if the application was still pending consideration and obtained interim protection. 6. In support of his contention, respondents have placed on record the communication issued by the Air Force Record Office indicating that the non-approval of extension of service was duly disseminated to the Air Warrior i.e., the petitioner herein. 7. At this stage, learned counsel appearing for the petitioner submits that the petitioner was unaware of the order rejecting the request for extension of service. 8. This Court has carefully considered the rival submission urged by the learned counsel for the parties. - 4 - HC-KAR NC: 2026:KHC-D:17 WP No. 110127 of 2025 9. Section 14 read with Section 3(o) of the Act of 2007 confers exclusive jurisdiction on the Tribunal in respect of all service matters relating to amendment of the armed forces. 10. The petitioner's grievance was regarding the non-consideration of his application submitted, which made him approach this Court seeking a writ of mandamus. However, the respondent authority has passed an order declining to approval for extension of service. In such circumstances, a writ petition seeking consideration of the application does not survive. 11. Once an order has been passed by the competent authority, the appropriate remedy available to the petitioner is to challenge the same before the Armed Force Tribunal in terms of Section 3(o) and 14 of the Act, 2007. The writ petition is not maintainable in view of the availability of an alternative efficacious statutory remedy. - 5 - HC-KAR NC: 2026:KHC-D:17 WP No. 110127 of 2025 12. Accordingly, the writ petition is disposed of as not maintainable, reserving liberty to the petitioner to approach the appropriate forum in accordance with law. 13. The interim relief granted by this Court on 30.12.2025 would be extended for a period of one week from today. Sd/- JUSTICE K.S.HEMALEKHA AM/- Ct:vh List No.: 1 Sl No.: 24