Disposed

Sudarshan B K v. the State of Karnataka

Karnataka HC13 Aug 2020WP/9090/2020

Case brief

AI extract

What is this about?

Petitioner challenged an interim order of the Karnataka State Administrative Tribunal regarding his transfer and a notification of the resignation of the incumbent tahsildar. The court directed the tribunal to file necessary statements and dispose of the matter expeditiously.

What did the court decide?

Directing respondents to file statement of objections before the Tribunal by 20.08.2020 for expeditious disposal.

Sudarshan B K Vs the State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF AUGUST 2020

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PRESENT

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THE HON’BLE MRS. JUSTICE B.V. NAGARATHNA

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AND

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THE HON’BLE MR. JUSTICE RAVI V. HOSMANI

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WRIT PETITION NO.9090 OF 2020 (S-KAT)

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BETWEEN:

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SUDARSHAN B.K S/O KODANDARAMAIAH AGED 29 YEARS TAHSILDAR CHANNAPATNA TALUK

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RAMNAGARA R/AT INSPECTION BUNGLOW NEAR TALUK OFFICE B.M. ROAD CHANNAPATNA RAMNAGAR DISTRICT – 562 160

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… PETITIONER

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(BY SRI. ABHISHEK MARLA M.J, ADVOCATE (THROUGH VC))

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S. BUILDING BENGALURU – 560 001

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DEPUTY COMMISSIONER RAMNAGARA DISTRICT RAMANAGARA – 562 160

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SRI. NAGESH AGED 54 YEARS S/O LINGAIAH PRESENTLY POSTED AS TAHASILDAR, CHANNAPATNA TALUK RAMNAGAR DISTRICT – 562 160

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… RESPONDENTS

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(BY SMT. SHWETHA KRISHNA, AGA FOR R1 & R2 (THROUGH VC); SRI. SATISH BHAT, ADVOCATE FOR R3 (THROUGH VC))

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 30.07.2020 PASSED BY THE HON’BLE STATE ADMINISTRATIVE TRIBUNAL AT BENGALURU IN APPLICATION NO.2593/2020 PRODUCED AT ANNEXURE-A AND CONSEQUENTLY STAY THE NOTIFICATION DATED 27.07.2020 PASSED BY THE R-1 PRODUCED AT ANNEXURE-H.

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, NAGARATHNA J., MADE THE FOLLOWING:

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ORDER

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We have heard learned counsel for the petitioner and learned Additional Government

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Advocate for respondent Nos.1 and 2.

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Sri. Satish Bhat, learned counsel for

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respondent No.3 submits that he has instructions to appear for respondent No.3.

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The petitioner has assailed interim order dated 30.07.2020 passed by the Karnataka State Administrative Tribunal at Bengaluru (hereinafter referred to as ‘The Tribunal’ for the sake of convenience) in application No.2593/2020 (Annexure-A). By the said order, the

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Tribunal has, inter alia, noted that during the pendency of the matter before the Tribunal, the petitioner herein was transferred to the post of Tahsildar Grade-I, Yalandur Taluk, Chamarajanagar District by notification dated 29.07.2020. This was even when the petitioner had challenged his transfer

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from the post of Tahsildar Grade-I, Channapatna Taluk, Ramanagara District, by notification dated 27.07.2020 by which respondent No.3 has been posted to the said post held by the petitioner and the petitioner was directed to await orders of transfer. It

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has also been recorded by the Tribunal that on 27.07.2020 itself, respondent No.3 has assumed charge of his duties as the Tahsildar Grade-I, Channapatna Taluk, Ramanagara District. In the circumstances, the petitioner has assailed the interim order dated 30.07.2020.

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On perusal of the said order, we note that the Tribunal has recorded the submissions of the learned counsel for the respective parties and granted three weeks’ time to the respondents to file the reply statement. The said period of three weeks would end on 20.08.2020. Admittedly, till date no statement of objections have been filed. In the circumstances, the respondents are directed to file their statement of objections on or before 20.08.2020 after serving a copy of the same on the learned counsel for the petitioner/applicant before the Tribunal. The Tribunal is directed to consider the matter for interim or final orders in an expeditious manner.

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It is also noted that during the pendency

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of the matter before the Tribunal, notification dated 29.07.2020 was issued transferring the petitioner as Tahsildar Grade-I, Yalandur Taluk, Chamarajanagar District. Liberty is reserved to the petitioner to assail the same, if so advised.

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It is needless to observe that the respondents shall comply with the directions issued by the Tribunal and file their reply statement on or before 20.08.2020 so as to enable the Tribunal to consider the case of the petitioner herein for interim or final orders in an expeditious manner.

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With the aforesaid observations and directions,

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the writ petition is disposed.

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Sd/JUDGE

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Sd/JUDGE

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Mds/-

Sudarshan B K v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sudarshan B K v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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