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2026 Supreme(Online)(Kar) 12393

THE HIGH COURT OF KARNATAKA
S.G.PANDIT AND K. V. ARAVIND
SRI RAVI PRAKASH M B – Appellant
Versus
STATE OF KARNATAKA – Respondent
WP 1358/2026



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 1358 OF 2026 (S-KSAT)

BETWEEN:

SRI RAVI PRAKASH M B S/O BASAVARAJAPPA M.S., AGED ABOUT 43 YEARS, CHIEF OFFICER GRADE-II, TOWN MUNICIPAL COUNCIL, MALEBENNUR, HARIHARA TALUK, DAVANAGERE DISTRICT - 577 530.

(UNDER ORDER OF TRANSFER)

…PETITIONER (BY SRI. YOGESH V KOTEMATH, ADV. FOR SRI VIRUPAKSHAIAH P.H., ADV.)

AND:

Digitally signed by 1. STATE OF KARNATAKA NANJUNDACHARI REP. BY ITS PRINCIPAL SECRETARY, Location: HIG H COURT OF DEPARTMENT OF URBAN DEVELOPMENT, KARNATAKA VIKASA SOUDHA, BANGALORE - 560 001.

2. THE DIRECTOR DIRECTORATE OF MUNICIPAL ADMINISTRATION, 9TH AND 10TH FLOOR, DR. AMBEDKAR VEEDHI, V.V. TOWERS, BANGALORE - 560 001.

3. THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT, DAVANAGERE - 577 001.

4. SMT. NIRANJINI.H HUSBAND'S NAME NOT KNOWN TO PETITIONER, AGED ABOUT 46 YEARS, OFFICE MANAGER, TOWN MUNICIPALITY, HONNALI, DAVANAGERE DISTRICT-577 217 (UNDER ORDER OF TRANSFER AS CHIEF OFFICER ON OWN PAY SCALE), TOWN MUNICIPAL COUNCIL, MALEBENNUR, HARIHARA TALUK, DAVANAGERE DISTRICT - 577 530.

…RESPONDENTS (BY SRI. V SHIVAREDDY, AGA FOR R1 TO R3 SRI M VINAYA KEERTHY, ADV. FOR R4)

THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS PERTAINING TO THE CASE AND GRANT THE FOLLOWING RELIEFS ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION IN THE SIMILAR NATURE MODIFYING THE INTERIM ORDER DATED 07/01/2026 VIDE ANNEXURE-A PASSED IN APPLICATION NO.33/2026 BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BANGALORE BY STAYING THE OPERATION AND IMPLEMENTATION OF OFFICIAL MEMORANDUM BEARING NO.NAAE 155 TMS 2025 (E) DATED 29/12/2025 ISSUED BY THE 1ST RESPONDENT AUTHORITY VIDE ANNEXURE-A10 AND DIRECT THE 3RD RESPONDENT AUTHORITY TO PERMIT THE PETITIONER TO REPORT FOR DUTY AS CHIEF OFFICER GRADE-II, TOWN MUNICIPAL COUNCIL, MALEBENNURU, DAVANAGERE DISTRICT FORTHWITH AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND

ORAL ORDER

(PER: HON'BLE MR. JUSTICE K.V.ARAVIND)

The applicant in Application No.33/2026 before the Karnataka State Administrative Tribunal at Bengaluru (for short, “the Tribunal”) has approached this Court impugning the order dated 07.01.2026, whereby the Tribunal declined to grant an interim order of stay of the Office Memorandum dated

29.12.2025 (Annexure-A10).

2. The brief facts of the case are that the petitioner was promoted as Chief Officer, Grade-II, and was posted as Chief Officer, Malebennuru Town Municipal Council. The petitioner submitted a representation to the Deputy Commissioner, as per Annexure-A2, seeking permission to report to duty. However, he was not permitted to do so. Aggrieved thereby, the petitioner approached the Tribunal in Application No.5089/2025. By interim order dated 16.12.2025, the Tribunal directed the Deputy Commissioner to permit the petitioner to report to duty in terms of the order dated 05.12.2025. The said direction was not complied with.

2.1 Subsequently, by Office Memorandum dated 29.12.2025 (Annexure-A10), respondent No.4, who is in the cadre of Office Manager, was posted to function as Chief Officer, Malebennur Town Municipal Council, in place of the petitioner. The petitioner, in turn, was posted as Chief Officer to Ankalagi, Akkathangihala Pattana Panchayath. The said Office Memorandum was assailed before the Tribunal in Application No.33/2026 with a prayer to stay its operation. Though notice was issued, no interim order was granted. Aggrieved by the refusal to grant interim relief, the petitioner has filed the present writ petition.

3. Sri Yogesh V. Kotemath, learned counsel appearing on behalf of Sri P.H. Virupakshaiah, learned counsel for the petitioner, submits that the petitioner was transferred as Chief

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