In a writ petition challenging a transfer order alleging violation of minimum tenure, the bench held that as more than four years had elapsed since the impugned order, the petition was infructuous and dismissed.
Dismissed the writ petition as infructuous due to the lapse of more than four years.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC-D:14690 WP No. 112072 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 112072 OF 2019 (S-TR)
BETWEEN:
SRI. RAVI S/O. DYAMAPPA BAGALKOTI, AGE: 34 YEARS, OCC: CHIEF OFFICER, TMC, R/O: LAKSHMESHWAR, TQ: LAKSHESHWAR, DIST: GADAG-582116.
…PETITIONER
(BY SRI. K. H. BAGI, ADVOCATE)
AND:
Digitally signed
MOHANKUMARB SHELAR byMOHANKUMARB SHELARDate:
2023.12.16
13:45:57 +0530
…RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR RESPONDENT NO.1 AND 2, SRI. VIJAY M. MALALI, ADV. FOR RESPONDENT NO.3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR DIRECTIONS OR ORDER OR QUASHING THE IMPUGNED ORDER PASSED BY THE 1ST RESPONDENT DATED 23.07.2019 VIDE ANNEXURE-C IN NO.NAAE 90 TME 2019 (BHAG-7) IN SO FOR AT SL.NO.H IS CONCERNED BY ALLOWING THIS WRIT PETITION.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed questioning the order dated 23.07.2019, on the premise that transfer order is made in violation of minimum tenure of transfer.
More than 4 years have elapsed since the order of transfer. Hence, the petition is dismissed as infructuous.
Sd/JUDGE
KGK/ct-an List No.: 2 Sl No.: 5
1 issue framed by the court
Whether the writ petition questioning a transfer order is maintainable after more than four years have elapsed since the order was made.
Sri. Ravi D.Y. Bagalkoti
The State of Karnataka
Deputy Commissioner Gadag
Smt. Renuka Shivappa Desai
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
