Sri Shettepap M Kanabur S/O Madiwalappa Vs the State of… — Contempt of Court | Karnataka HC (2025)

Sri Shettepap M Kanabur S/O Madiwalappa Vs the State of… — Contempt of Court | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of without adjudicating the merits, requesting the Tribunal to take up the matter for consideration on 15.09.2025; the contempt petition was consequently also disposed of.

Issue for consideration

Whether the transfer order dated 15.05.2025 was premature and in violation of the Transfer Guidelines, given the dispute whether the post was a Group 'C' post with four-year security of tenure or a Group 'B' post with two-year security of tenure. +2 more

Ratio / Principle

Since the writ petition was filed only against the Tribunal's interim order, any adjudication by this Court regarding the merits of the contentions raised would prejudice the consideration of the application before the Tribunal on its merits; the Court therefore refrained from adjudicating the merits.

Key takeaways

It would suffice if the present writ petition is disposed of while requesting the Tribunal to take up the matter for consideration on 15.09.2025.ratio¶53
The present proceedings were disposed of without adverting to the merits of the contentions raised, noticing the limited prayer made.ratio¶54
In light of the disposal of the writ petition, the contempt petition (CCC No.100197/2025) is also disposed of.ratio

Detailed headnote1 paragraphs

High Court of Karnataka, Dharwad Bench — Oral Order dated 10.09.2025 (per Justice S. Sunil Dutt Yadav; bench with Justice Vijaykumar A. Patil): CCC No.100197/2025, a civil contempt petition under Sections 11 and 12 of the Contempt of Courts Act, 1971 r/w Article 215 of the Constitution alleging deliberate violation of this Court's order dated 27/05/2025 in WP No.103348/2025 by dispossessing the complainant's members, was heard along with WP No.103348/2025 (under Articles 226 and 227 of the Constitution), wherein the petitioner, an Assistant Engineer-2 in KIADB, Dharwad, sought certiorari to quash the Karnataka State Administrative Tribunal, Belagavi's order dated 21-05-2025 in Application No.10550/2025 (Annexure-B). Background: the petitioner had challenged his transfer order dated 15.05.2025 before the Tribunal as premature and violative of the Transfer Guidelines, asserting a Group 'C' post with four-year security of tenure, while KIADB's senior counsel contended the parent-department pay scale made it a Group 'B' post with two-year tenure and that the stay granted by this Court required vacatur; the Tribunal had ordered maintenance of status quo, which the petitioner said did not address his grievance. Noticing that the writ petition was directed only against the interim order, the Court declined to adjudicate the merits lest the Tribunal's consideration be prejudiced, disposed of the writ petition requesting the Tribunal to take up the matter on 15.09.2025, and in light thereof disposed of the contempt petition as well.

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NC: 2025:KHC-D:11739-DB CCC No. 100197 of 2025 C/W WP No. 103348 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

DATED THIS THE 10^TH DAY OF SEPTEMBER, 2025 PRESENT

THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL

CIVIL CONTEMPT PETITION NO.100197/2025 (CIVIL) C/W. WRIT PETITION NO. 103348/2025 (S-KAT)

IN CCC NO.100197/2025

BETWEEN:

Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench

SRI. SHETTEPPA S/O. MADIWALAPPA KANABUR, AGED ABOUT 54 YEARS, OCC: ASSISTANT ENGINEER-2, OFFICE OF EXECUTIVE ENGINEER, ZONAL OFFICER, KARNATAKA INDUSTRIAL, AREA DEVELOPMENT BOARD, DHARWAD, DHARWAD DISTRICT, R/AT. NO.319, ‘D’ BLOCK, 3RD PHASE, SHANTHINIKETA LAYOUT, BHAIRIDEVARKOPPA HUBALI, DHARWAD DISTRICT.

…COMPLAINANT

(BY SRI. SUNIL S. DESAI, ADVOCATE)

AND:

SRI. V. H. MAHESH, AGE: MAJOR, OCC: SECRETARY, KARNATAKA INDUSTRIAL AREA, DEVELOPMENT BOARD, NO.49, 4TH AND 5TH FLOOR, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001.

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NC: 2025:KHC-D:11739-DB CCC No. 100197 of 2025 C/W WP No. 103348 of 2025

HC-KAR

SRI. BASANAGOUDA S/O. TIMMANGOUD PATIL, AGE ABOUT 59 YEARS, OCC: EXECUTIVE ENGINEER, ZONAL OFFICE, KARNATAKA INDUSTRIAL AREA, DEVELOPMENT BOARD, NEAR DODDAWAD OIL MILL, P. B. ROAD, DHARWAD, DIST. DHARWAD-580001.

THE STATE OF KARNATAKA, REPRESENTED BY SECRETARY, DEPARTMENT OF COMMERCE & INDUSTRIES, VIKASA SOUDHA, BENGALUR-560001.

…ACCUSED

(BY SRI. SHASHI KIRAN SHETTY, SENIOR COUNSEL FOR SRI. B. B. PATIL, ADV. FOR R1; SRI. S. S. BADAWADAGI, ADV. FOR R2; SRI. G. K. HIREGOUDAR, GOVT. ADV. FOR R3)

THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, 1950, PRAYING TO A SUITABLE ACTION AGAINST THE ACCUSED BE TAKE FOR HAVING VIOLATED THE ORDER PASSED BY THIS HON’BLE COURT IN WP NO.103348/2025 DATED 27/05/2025 AS PER ANNEXURE-B AND AS PER THE PROVISIONS OF THE CONTEMPT OF COURT ACT FOR HAVING DELIBERATELY IGNORED THE ORDERS PASSED BY THE COURT AND DISPOSSESSING THE MEMBERS OF COMPLAINANT AND ETC.

IN WP NO. 103348 OF 2025

BETWEEN:

SRI. SHETTEPPA M. KANABUR, S/O. MADIWALAPPA, AGED ABOUT 54 YEARS, WORKING AS ASSISTANT ENGINEER-2, OFFICE OF EXECUTIVE ENGINEER, ZONAL OFFICE, KARANTAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, DHARWAD, DHARWAD DISTRICT, A/AT: NO.319, ‘D’ BLOCK, 3RD PHASE, SHANTHINIKETA LAYOUT, BHAIRIDEVARKOPPA, HUBLI, DHARWAD DISTRICT.

…PETITIONER (BY SRI. SUNIL S. DESAI, ADVOCATE)

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AND:

THE STATE OF KARNATAKA, REP. BY ITS ADDITIONAL CHIEF SECRETARY, PUBLIC WORKS DEPARTMENT, VIKASA SOUDHA, BENGALURU-560001.

THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, COMMERCE AND INDUSTRIES DEPARTMENT, VIKASA SOUDHA, BENGALURU-560001.

THE SECRETARY, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.49, 4TH AND 5TH FLOOR, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001.

THE EXECUTIVE ENGINEER, ZONAL OFFICE, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NEAR DODDAWAD OIL MILL, P. B. ROAD, DHARWAD, DHARWAD DISTRICT-580001.

THE CHIEF ENGINEER, COMMUNICATION AND BUILDING (SOUTH), K. R. CIRCLE, BENGALURU-560001.

…RESPONDENTS (BY SRI. G. K. HIREGOUDAR, GOVT. ADV. FOR R1, R2 & R5; SRI. SHASHI KIRAN SHETTY, SENIOR COUNSEL FOR SRI. B. B. PATIL, ADV. FOR R3; SRI. S. S. BADAWADAGI, ADV. FOR R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 21-05-2025 PASSED BY HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI IN APPLICATION NO.10550/2025 VIDE ANNEXURE-B, AS ARBITRARY AND ILLEGAL, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

THESE PETITIONS, COMING ON FOR HEARING ON IA, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:11739-DB CCC No. 100197 of 2025 C/W WP No. 103348 of 2025

HC-KAR

CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND

THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV)

CCC No.100197/2025 is taken up along

W.P.No.103348/2025.

The writ petition has filed by the applicant before the Karnataka State Administrative Tribunal at Belagavi (‘Tribunal’, for short) aggrieved by the order of the Tribunal whereby the request for interim relief as prayed for was not considered. The applicant had approached the Tribunal challenging his order of transfer dated 15.05.2025 on the ground that the order of transfer was premature and in violation of the Transfer Guidelines as the applicant was posted towards Group ‘C’ post and the security of tenure was four years. The Tribunal had passed an order of maintenance of status quo, which according to the applicant did not address his grievance and accordingly present petition is filed.

Sri Shashi Kiran Shetty, learned Senior Counsel appearing on behalf of the KIADB would submit that the order of

5 - NC: 2025:KHC-D:11739-DB CCC No. 100197 of 2025 C/W WP No. 103348 of 2025

HC-KAR

stay granted by this Court requires to be vacated and has advanced various contentions including that the applicant in his parent department was drawing a pay scale which qualified the post that he held to be a Group ‘B’ post and accordingly the security of tenure was two years and if that were to be so, the transfer order is passed after the period of two years and accordingly the contention of the applicant requires to be rejected.

Noticing that the present writ petition is filed only against the interim order any adjudication regarding the merits of the contentions raised would prejudice the consideration of the application before the Tribunal on its merits. Accordingly, it would suffice if the present writ petition is disposed off while requesting the Tribunal to take up the matter for consideration on 15.09.2025.

Both sides submit that they would co-operate in disposal of the matter. Accordingly, present proceedings are disposed off without adverting to the merits of the contentions raised noticing the limited prayer made.

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NC: 2025:KHC-D:11739-DB CCC No. 100197 of 2025 C/W WP No. 103348 of 2025

HC-KAR

In light of disposal of the writ petition, the contempt is also disposed off.

Sd/(S.SUNIL DUTT YADAV) JUDGE

Sd/(VIJAYKUMAR A.PATIL) JUDGE

CLK /CT-AN List No.: 1 Sl No.: 42