The High Court of Karnataka disposed of a writ petition challenging a Tribunal order concerning a forest officer's transfer. The Court held that the petition no longer survives as the petitioner had been granted regular posting and took charge.
The writ petition stands disposed of due to the petitioner's regular posting.
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: 2024:KHC:43249-DB WP No. 4991 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF OCTOBER, 2024 PRESENT
THE HON'BLE MR JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
WRIT PETITION NO. 4991 OF 2022 (S-KSAT)
BETWEEN:
SRI GOPAL A A S/O AYYAPPA A C AGED ABOUT 54 YEARS, ASSISTANT CONSERVATION OF FORESTS SOCIAL FORESTRY SUB DIVISION R/AT NAGAVALA VILLAGE, GANAGOOR POST SOMWARPETE TALUK KODAGU DISTRICT-571236.
…PETITIONER
(BY SRI. H N BASAVARAJU, ADV.)
AND:
Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:43249-DB WP No. 4991 of 2022
KUDLIGI SUB-DIVISION, KUDLIGI BELLARY TERRITORIAL DIVISION BELLARY DISTRICT-583 135 R/AT NO.1-11-52/12/1 MARUTHI NAGARA NEAR VIDYA BHARATHI SCHOOL RAICHUR DISTRICT-584 102.
…RESPONDENTS
(BY SRI. V SHIVAREDDY, AGA FOR R1 TO R3 SRI S.V. GIRI KUMAR, ADV. FOR R4)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR THE ORIGINAL RECORDS FROM THE FILE OF RESPONDENT NO.1 GOVERNMENT IN RELATED TO FILE NO.FEE 143 FEG 2021 (3) REFERRED TO AS ANNEXURE-A13; B) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT TO QUASH THE ORDER DATED 31/01/2022 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION NO.5714/2021 AS PER ANNEXURE-C AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.G.PANDIT AND HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
ORAL ORDER
(PER: HON'BLE MR JUSTICE S.G.PANDIT)
Petitioner is before this Court questioning the order
dated 31.01.2022 in Application No.5714/2021 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘the Tribunal’), whereby the application of the
NC: 2024:KHC:43249-DB WP No. 4991 of 2022
respondent No.4 questioning the transfer order dated
12.11.2021 (Annexure-A13) was allowed.
interim order of stay of the impugned order in Application No.5714/2021 with a further direction to respondent No.4 to handover the charge to the petitioner as Assistant Conservator of Forests, Social Forestry Sub-Division at Somawarpet Taluk.
Sri.V.Shivareddy for respondent Nos.1 to 3 submits that during the pendency of the writ petition, by notification dated 12.07.2022 petitioner is posted as Assistant Conservator of Forests, Social Forestry Sub-Division at Somawarpet itself and under CTC dated 16.07.2022 petitioner has taken charge. In that view of the matter, learned Additional Government Advocate submits that writ petition would no more survive for consideration.
posting as Assistant Conservator of Forests, Social Forestry Sub-Division at Somawarpet under Notification dated 12.07.2022 issued by the first respondent – State Government, writ petition would no more survive for consideration. Accordingly, writ petition stands disposed of.
Sd/(S.G.PANDIT) JUDGE
Sd/(RAMACHANDRA D. HUDDAR) JUDGE
NC CT:bms List No.: 1 Sl No.: 32
1 issue framed by the court
Whether the writ petition questioning the transfer order and its quashing by the Tribunal survives for consideration given the petitioner's subsequent regular posting.
1 provisions across 1 enactments
Sri Gopal A A
The Principal Secretary to Government Department of Forest Environment and Ecology
The Principal Chief Conservator of Forests
The Deputy Conservator of Forests Bellary Regional Division
Sri Babu
S.G. Pandit
Ramachandra D. Huddar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
