Disposed

Sri H Harish Kumar v. the State of Karnataka

Karnataka HC28 Oct 2024WP/28199/2024

Case brief

AI extract

What is this about?

An Executive Engineer challenged before the writ court the Tribunal's refusal of interim stay in his pending service application. Counsel gave up prayers seeking only an expeditious disposal direction; the court disposed of the petition requesting the Tribunal to decide the application promptly in accordance with law.

What did the court decide?

Petition disposed with a request to the KSAT to expeditiously dispose of Application No.4828/2024 in accordance with law.

Sri H Harish Kumar Vs the State of Karnataka — Service and Employment | Karnataka HC (2024)

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1 - NC: 2024:KHC:43277-DB WP No. 28199 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF OCTOBER, 2024

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PRESENT

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT

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AND

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THE HON'BLE MR JUSTICE C M JOSHI WRIT PETITION NO. 28199 OF 2024 (S-KSAT)

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BETWEEN:

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SRI. H HARISH KUMAR, S/O. LATE HANUMANTHAPPA, AGED ABOUT 57 YEARS, WAS WORKING AS EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, PANCHAYAT RAJ ENGINEERING DIVISION, BENGALURU URBAN, I FLOOR, BENGALURU URBAN ZILLA PANCHAYAT BUILDING, S. KARIYAPPA ROAD, BANASHANKARI, BENGALURU – 560 070.

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RESIDING AT NO.81, 13^TH BLOCK, II STAGE, NAGARBHAVI, BENGALURU 560 072.

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…PETITIONER

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Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA

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(BY SRI. PRITHVEESH M K.,ADVOCATE)

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AND:

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THE STATE OF KARNATAKA PUBLIC WORKS DEPARTMENT, REPRESENTED BY ITS PRINCIPAL SECRETARY, VIKASA SOUDHA, BENGALURU 560 001.

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THE STATE OF KARNATAKA, DEPARTMENT OF RURAL DEVELOPMENT & PANCHAYAT RAJ, REPRESENTED BY ITS PRINCIPAL SECRETARY, M. S. BUILDING, BENGALURU 560 001.

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NC: 2024:KHC:43277-DB WP No. 28199 of 2024

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SRI. BASAVARAJ K. HALACHERA, FATHER'S NAME NOT KNOWN TO THE PETITIONER, MAJOR, WAS WORKING AS EXECUTIVE ENGINEER, PANCHAYAT RAJ ENGINEERING DIVISION, YADAGIRI DISTRICT - 585 201.

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…RESPONDENTS

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(BY SRI.S R KHAMROZ KHAN., AGA FOR R1 & R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. CALL FOR RECORDS FROM THE 1ST RESPONDENT AND B. ISSUE A WRIT OR ORDER SETTING ASIDE THE IMPUGNED ORDER DATED 09.10.2024 PASSED BY THE HONBLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH IN APPLICATION No. 4828/2024 (ANNEXURE-A) IN SO FAR AS NON- GRANT OF INTERIM ORDER OF STAY IS CONCERNED AND CONSEQUENTLY GRANT THE INTERIM ORDER AS PRAYED FOR BY THE PETITIONER BEFORE THE HONBLE TRIBUNAL IN APPLICATION No. 4828/2024 (ANNEXURE-B), IN THE INTEREST OF JUSTICE AND EQUITY AND C. PASS ANY OTHER ORDER, AS THIS HONBLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE PRESENT CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE C M JOSHI

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NC: 2024:KHC:43277-DB WP No. 28199 of 2024

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ORAL ORDER

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(PER: HON'BLE MR JUSTICE KRISHNA S DIXIT)

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Petitioner, a civil servant is knocking at the doors of

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Writ Court with the following prayers:

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“a. CALL for records from the 1^st Respondent;

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b. ISSUE A WRIT OR ORDER SETTING ASIDE the impugned Order dated 09.10.2024 passed by the Hon’ble Karnataka State Administrative Tribunal, Bengaluru Bench in Application No. 4828/2024 ( Annexure-A ) in so far as non- grant of interim order of stay is concerned AND CONSEQUENTLY GRANT the interim order as prayed for by the Petitioner before the Ho’nble Tribunal in Application No. 4828/2024 (AnnexureB), in the interest of justice and equity;

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c. PASS any other Order, as this Hon’ble Court deems fit in the facts and circumstances of the present case, in the interest of justice and equity.”

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Having argued the matter for some time,

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learned counsel appearing for the Petitioner very fairly submits that he would give up his prayers if a direction is issued to the Karnataka State Administrative Tribunal to consider his Application No.4828/2024 expeditiously. With this proposal, learned AGA is agreeable.

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NC: 2024:KHC:43277-DB WP No. 28199 of 2024

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In the above circumstances, this Writ Petition is

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disposed off requesting the Service Tribunal to expeditiously consider and dispose of the subject Application in accordance with law, keeping in mind other pressing works.

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In view of the disposal of main matter, pending Applications if any, pale into insignificance.

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Sd/(KRISHNA S DIXIT) JUDGE

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Sd/(C M JOSHI) JUDGE

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Bsv List No.: 1 Sl No.: 18

Sri H Harish Kumar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri H Harish Kumar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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