Sri Ghani Ulla Khan Vs the State of Karnataka

SRI GHANI ULLA KHAN S/O AZEEZ KHAN AGED ABOUT 43 YEARS WORKING AS SENIOR SUB-REGISTRAR OFFICE OF THE SUB REGISTRAR GOWRIBIDANURU CHIKKABALLAPURA DISTRICT 561 207

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RESIDING AT H M S BUILDING NEAR TALUK OFFICE, GOWRIBIDANURU CHIKKABALLAPURA.

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…PETITIONER

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(BY SRI. PRITHVEESH M K - ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE (REGISTRATION AND STAMPS) M S BUILDING, BENGALURU 560001.

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THE INSPECTOR GENERAL OF REGISTRATION AND COMMISSIONER OF STAMPS

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2 -

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NC: 2025:KHC:5090-DB WP No. 34206 of 2024 C/W WP No. 34204 of 2024

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8^TH FLOOR, KANDAYA BHAWAN K G ROAD, BENGALURU 560009.

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…RESPONDENTS

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(BY SRI. BADRINATH B – AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 21.10.2024 PASSED BY THE HONBLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH IN APPLICATION No. 4862/2024 (ANNEXURE-A) IN SO FAR AS NON-GRANT OF INTERIM ORDER IS CONCERNED AND CONSEQUENTLY GRANT THE INTERIM ORDER AS PRAYED FOR BY THE PETITIONER BEFORE THE HONBLE TRIBUNAL IN APPLICATION No. 4862/2024 (ANNEXURE-B).

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IN WP NO. 34204/2024

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BETWEEN:

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SRI DHANURAJ B S/O. BHEEMA NAIK AGED ABOUT 42 YEARS WORKING AS SENIOR SUB-REGISTRAR OFFICE OF THE SUB-REGISTRAR SHIVAMOGGA-577 204 R/AT MATHRU SHREE, KASHIPURA 2^ND CROSS, HANUMANTHAPPA LAYOUT SHIVAMOGGA-577 204.

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...PETITIONER

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(BY SRI. PRITHVEESH M K - ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE (REGISTRATION AND STAMPS) M.S. BUILDING, BENGALURU-560001.

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THE INSPECTOR GENERAL OF REGISTRATION AND COMMISSIONER OF STAMPS 8^TH FLOOR, KANDAYA BHAWAN K.G. ROAD, BENGALURU-560 009.

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...RESPONDENTS

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SRI. SAHADEVARADDI B KOTI AGED ABOUT 43 YEARS S/O SRI. BASAVARADDI SR. SUB-REGISTRAR(UNDER POSTING) DEPARTMENT OF REVENUE (REGISTRATION AND STAMPS) O/O INSPECTOR GENERAL OF REGISTRATION AND COMMISSIONER OF STAMPS 8^TH FLOOR, KANDAYA BHAWAN K.G. ROAD, BENGALURU-560 009.

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... PROPOSED RESPONDENT

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(BY SRI. BADRINATH B – AGA FOR RESPONDENTS NO.1 & 2; SRI. VIJAYA SIMHA REDDY – ADVOCATE FOR PROPOSED RESPONDENT NO.3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 16/10/2024 PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH IN APPLICATION NO.4852/2024 (ANNEXURE-A) AND CONSEQUENTLY GRANT THE INTERIM ORDER AS PRAYED FOR BY THE PETITIONER BEFORE THE HON’BLE TRIBUNAL IN APPLICATION NO.4852/2024 (ANNEXURE-B).

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THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR AND

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HON'BLE MR JUSTICE VENKATESH NAIK T

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ORAL ORDER

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(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)

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In these writ petitions, the respective petitioner has

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challenged the order deferring the grant of interim stay / relief as prayed for by them before the Karnataka State Administrative Tribunal. The proceeding in

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W.P.No.34206/2024 arises out of the order rendered by the KSAT in Application No.4862/2024 while the proceeding in W.P.No.34204/2024 arises out of the order rendered by the KSAT in Application No.4852/2024. Both the petitions though filed by different petitioners, the question of law relates to promotional issue. Accordingly, these two writ petitions are taken up for hearing together and are disposed of by this common order.

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Learned counsel Shri Prithveesh M.K. for the petitioner in both the petitions is present before Court physically. Shri Badrinath B, the learned AGA representing Respondent Nos.1 and 2 in both the

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petitions, is also present before Court. Learned counsel Shri Vijaya Simha Reddy for proposed Respondent No.3 who has filed I.A.No.1/2025 in W.P.No.34204/2024, is also present before Court.

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We have perused the orders rendered by the Karnataka State Administrative Tribunal in the proceeding initiated by them under Section 19 of the Karnataka State Administrative Tribunals Act, 1985.

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The brief facts of the petitions are as under:

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The petitioner in W.P.No.34206/2024 namely Shri Ghani Ulla Khan was originally appointed as Sub-Registrar in the year 2010 in the Kandaya Bhavan, Bengaluru. He was promoted as Senior Sub-Registrar during the year 2016 and was discharging his duties. It is stated that while working as Senior Sub-Registrar, he was transferred vide notification dated 21.05.2022 from Sidlaghatta to Gowribidanuru. While working so, the petitioner had made a representation dated 12.09.2024 requesting the State to exempt his case from being considered for promotion to

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the next cadre, i.e., Head Quarters Assistant. It is stated

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that despite such request the petitioner was granted promotion and has been posted from Gowribidanuru to Bengaluru Rural District. His request to forego the said promotion was also declined. Hence, he had approached the KSAT in Application No.4862/2024. However, the KSAT by order dated 21.10.2024, had declined to grant any interim order as prayed for by the petitioner. Hence he has filed the present petition.

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The petitioner in W.P.No.34204/2024 namely Shri Dhanuraj B was originally appointed as Sub-Registrar in the year 2010 in the Kandaya Bhavan, Bengaluru. He was promoted as Senior Sub-Registrar during the year 2014 and was discharging his duties. It is stated that while working as Senior Sub-Registrar, he was transferred vide notification dated 26.05.2022 from Athani to Shivamogga. While working so, the petitioner had made a representation dated 11.06.2024 requesting the State to exempt his case from being considered for promotion to the next cadre, i.e., Head Quarters Assistant. It is stated

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that despite such request the petitioner was granted promotion and has been posted from Shivamogga to Chitradurga. His request to forego the said promotion was also declined. Hence, he had approached the KSAT in Application No.4852/2024. However, the KSAT by order dated 16.10.2024, had declined to grant any interim order as prayed for by the petitioner. Hence he has filed the present petition.

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The learned counsel for the petitioner in both the petitions are aggrieved by the order of the KSAT in not granting an interim order of stay as prayed for. However, the original proceedings in Application No.4862/2024 and Application No.4852/2024 are pending consideration before the KSAT. Therefore, the learned counsel for the petitioner in both petitions pray that the petitions may be disposed of with an observation to dispose of the Applications pending before the KSAT, expeditiously. In the meantime, the learned counsel prays that the interim order granted by this Court in these writ petitions be

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continued till the disposal of the proceedings before the KSAT.

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Learned AGA for the State in both these petitions who is present before Court also concedes to dispose these petitions with a direction to the KSAT to dispose of the respective application of the petitioner in both these

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petitions, expeditiously.

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Learned counsel for the impleading applicant in W.P.No.34204/2024 submits that he has filed I.A.No.1/2025 under Order I Rule 10 of the CPC to arraign

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the proposed applicant as a party to this writ petition. Though the said application is taken on record, if need arises, the KSAT shall consider the said application and pass necessary orders on the same while considering the main application. This observation is made keeping in view the submission of the learned counsel for the parties.

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Hence, keeping in view the submission made by the learned counsel for the parties respectively and keeping in view the submission of the learned AGA inclusive of the learned counsel for the proposed R3 in

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W.P.No.34204/2024, both these writ petitions are disposed of without expressing any opinion on the merits of the matter. The KSAT shall dispose of the Application No.4862/2024 and Application No.4852/2024 filed by the respective petitioner as expeditiously as possible, by giving an opportunity of hearing to both the parties. The

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KSAT shall pass necessary orders on the impleading application in W.P.No.34204/2024 while considering the main petition.

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However, it is observed that the interim order granted in both these petitions shall continue to operate till the disposal of the aforesaid two applications before the KSAT.

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In view of the disposal of these writ petitions, any pending applications also stand disposed of.

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SD/(K.SOMASHEKAR)

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JUDGE

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SD/(VENKATESH NAIK T) JUDGE

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KS

Sri Ghani Ulla Khan v. the State of Karnataka

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Sri Ghani Ulla Khan v. the State of Karnataka

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