Back
2025 Supreme(Kar) 761
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MOHAMMAD NAWAZ, VENKATESH NAIK T., JJ.
Shashikala Siddappa Wodeyar - Appellant
Versus
The State of Karnataka - Respondent
Writ Appeal No. 805 of 2025
Decided On : 29-05-2025
Advocate Appeared:
For the Appellants : Dhyan Chinnappa, Santosh Raj Urs B.Y.
For the Respondent: Seshu V.
The court ruled to restrain the implementation of specific transfer rules until further adjudication on the interim relief sought, highlighting judicial prudence in pending matters.
Headnote:(A) Constitution of India - Karnataka Civil Services (Excise Department Officers and Officials Transfer) Rules, 2025 - Unconstitutionality claim - Appellants challenge specific rules as unconstitutional and ultravires, seeking interim relief against implementation. (Paras 3, 4)
(B) Writ Jurisdiction - Appeal against interim relief denial - The court noted that the matter regarding interim relief was still pending before the Single Judge and directed respondents not to act until the matter is heard further. (Paras 4, 5)
Facts of the case:
The appeal arises from a writ petition filed to challenge the constitutionality of specific transfer rules affecting excise department officials. Appellant sought interim relief but was met with an adjournment from the Single Judge.
Findings of Court:
The court disposed of the writ appeal by holding that the implementation of the rules should not proceed until the next hearing date.
Issues: The key issues involved whether the transfer rules in question were unconstitutional and the implications of seeking interim relief.
Ratio Decidendi: The court indicated that pending consideration of the prayer for interim relief, no action should be taken on the disputed rules, reflecting a concern for judicial process.
Result: Writ appeal disposed of with directions.
| Table of Content |
|---|
| 1. appeal seeks to challenge constitutionality of transfer rules. (Para 2 , 3 , 4) |
| 2. interim order deferred; case merits not addressed. (Para 5 , 6) |
| 3. no observations on merits; pending applications disposed. (Para 7) |
JUDGMENT :
MOHAMMAD NAWAZ, J.
1. Learned High Court Government Pleader accepts notice for respondent Nos.1 and 2.
2. This appeal is preferred seeking following reliefs:
"a. Call for enter records in W.P. No. 14727/2025 (S-TR) filed by the appellants titled as Smt. Shashikala Siddappa Wodeyar and Ors. Vs. The State of Karnataka and Ors.
b. Set aside the impugned order of Learned Single Judge dated 27-05-2025 passed in WP No. 14727/2025(S-TR) non granting of the interim relief/order.
c. Consequently, pass such other order or direction as this Hon'ble court deem it fit or proper in the facts and circumstances of the case and kindly allow this review petition in the ends of justice and equity."
3. The appellants have preferred W.P.No.14727/2025 mainly to declare Rule Nos.5 and 6 of Karnataka Civil Services (Excise Department Officers and Officials Transfer) Rules, 2025 gazetted on 14.05.2025 in No.AAE 10 PES 2024 as unconstitutional and ultravires of the Constitution of India.
4. The interim order was sought in the writ petition to stay the implementation of the Rules at Annexure-F to the writ petition. Against non-granting of the interim order, the present appeal is preferred.
5. The Learned Single Judge has not declined to grant an interim order, on the other hand, the matter was adjourned to 06.06.2025. Therefore, the consideration of interim order is still pending. Hence, the writ appeal can be disposed of with a direction to the respondents not to precipitate the matter till 06.06.2025.
6. The writ appeal is accordingly disposed of.
7. It is made clear that no observations are made on the merits of the case.
Pending I.As. are disposed of.
