A Village Administrative Officer sought enforcement of her transfer order of 10.11.2023 after the Tahsildar failed to relieve her despite representations. The court found complete inaction, held a mandamus lay, allowed the petition and directed the Tahsildar to consider her representation in light of the transfer order within two weeks.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 2650 OF 2024 (S-RES)
BETWEEN:
SMT. RANI. C. S., W/O MOHAN KUMAR C.N., AGED ABOUT 30 YEARS, R/O NEAR MUNICIPAL HIGH SCHOOL GROUND, INDIRAGANDHI ROAD, KANAKAPURA TOWN, KANAKAPURA, RAMANAGAR DISTRICT - 562 117.
Digitally signed by V KRISHNA Location: High Court of Karnataka
PRESENTLY RENDERING HER SERVICES AS VILLAGE ADMINISTRATIVE OFFICER, YEDAMARANAHALLI CIRCLE, UYYAMBALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT - 562 117.
(BY SRI. RAMESH K.R., ADVOCATE)
…PETITIONER
AND:
NC: 2024:KHC:6186 WP No. 2650 of 2024
…RESPONDENTS
(BY SRI. B. RAVINDRANATH, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R3 TO RELIEVE THE PETITIONER FROM THE POST OF VILLAGE ADMINISTRATIVE OFFICER, YEDAMARANAHALLI CIRCLE, UYYAMBALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT IN COMPLIANCE OF THE ORDER DATED:10.11.2023 BEARING NO.KAME251 BSC 2023 OASSED BY THE R1 AT ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned petition is filed seeking a mandamus against respondent No.3 to relieve the petitioner from the post of Village Administrative Officer in compliance with the order dated 10.11.2023, passed by respondent No.1 vide Annexure-A, wherein the petitioner is transferred to Ramanagara District.
NC: 2024:KHC:6186 WP No. 2650 of 2024
which is evident from Annexure-A and the date of transfer is 10.11.2023. Though repeated representations are submitted, respondent No.3, for the reasons best known to him, has not relieved petitioner to enable him to report to the transferred post.
Court is of the view that there is complete inaction on the part of respondent No.3 in not relieving the petitioner in terms of the transfer order dated 10.11.2023. Therefore, a mandamus lies.
the following:
ORDER
ii. Respondent No.3 is hereby directed to consider the representation of the petitioner and pass appropriate orders
NC: 2024:KHC:6186 WP No. 2650 of 2024
taking cognizance of the transfer order dated 10.11.2023 as per Annexure-A.
iii. This exercise shall be completed within a period of two weeks from the date of receipt of certified copy of this order.
Sd/JUDGE
HDK List No.: 1 Sl No.: 16 CT:SNN
1 issue framed by the court
Whether a mandamus lies to compel the Tahsildar to relieve the petitioner pursuant to a transfer order dated 10.11.2023.
1 provisions across 1 enactments
Smt. Rani C.S.
State of Karnataka
Deputy Commissioner, Ramanagara District
Tahsildar, Ramanagara Taluk
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
