Sri. Hanumantharaya B vs The State Of Karnataka
2024 Latest Caselaw 22704 Kant

Karnataka High Court

Sri. Hanumantharaya B vs The State Of Karnataka on 5 September, 2024

                                               -1-
                                                       NC: 2024:KHC:36536-DB
                                                       WP No. 19467 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 5TH DAY OF SEPTEMBER, 2024

                                            PRESENT
                           THE HON'BLE MRS JUSTICE ANU SIVARAMAN
                                              AND
                            THE HON'BLE MR JUSTICE G BASAVARAJA
                          WRIT PETITION NO. 19467 OF 2024 (S-KSAT)
                   BETWEEN:

                   SRI. HANUMANTHARAYA B.
                   S/O LATE BHEEMARAYA
                   AGED ABOUT 46 YARS
                   WORKING AS INSPECTOR OF POLICE
                   DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT
                   BENGALURU REGION, CAUVERY BHAVAN
                   K.G. ROAD, BENGALURU-560 009
                   R/AT. NO.12A, NALANDA BLOCK
                   PALACE GARDEN APARTMENT
                   CHAKRAVARTHI LAYOUT
                   VASANTH NAGAR, BENGALURU-560 052
                                                                  ...PETITIONER
                   (BY SRI. SATISH K., ADVOCATE)

Digitally signed   AND:
by
CHANNEGOWDA
PREMA
Location: High
                   1.    THE STATE OF KARNATAKA
Court of
Karnataka
                         DEPARTMENT OF HOME
                         REP. BY ITS ADDITIONAL CHIEF SECRETARY
                         VIDHANA SOUDHA
                         BENGALURU-560 001

                   2.    THE ADDITIONAL DIRECTOR GENERAL
                         OF POLICE
                         OFFICE OF DIRECTORATE OF
                         CIVIL RIGHTS ENFORCEMENT
                         NO.1, DTE BUILDING
                         PALACE ROAD, BENGALURU-560 001
                                                             ...RESPONDENTS
                                    -2-
                                            NC: 2024:KHC:36536-DB
                                            WP No. 19467 of 2024




(BY SRI. VIKAS ROJIPURA, AGA FOR RESPONDENTS)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, 1950, PRAYING TO
(a) CALL FOR RECORDS FROM THE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL, BENGALURU IN RESPECT OF THE
IMPUGNED     ORDER   DATED    08.07.2024  PASSED    IN
APPLICATION No.2189/2024 (ANNEXURE-A), (b) SET ASIDE
THE IMPUGNED ORDER DATED 08.07.2024 PASSED BY THE
KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU
IN   APPLICATION    No.2189/2024   (ANNEXURE-A)   AND
CONSEQUENTLY GRANT THE INTERIM PRAYER AS SOUGHT FOR
BY THE PETITIONER BEFORE THE TRIBUNAL (ANNEXURE-B), IN
THE INTEREST OF JUSTICE AND EQUITY ETC.

    THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:

CORAM:    HON'BLE MRS. JUSTICE ANU SIVARAMAN
          and
          HON'BLE MR. JUSTICE G BASAVARAJA


                        ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

Heard the learned counsel appearing for the petitioner as

well as the learned Additional Government Advocate appearing

for the respondents.

2. It is submitted by the learned Additional

Government Advocate that the state has already filed the

written objections before the Tribunal. We notice that what is

complained is of a non-grant of interim order by the Tribunal.

NC: 2024:KHC:36536-DB

The learned Additional Government Advocate submits that the

matter now stands posted for hearing.

3. Having considered the contentions advanced, we

are of the opinion that it is for the Tribunal to consider the

contentions raised on merits without undue delay at any rate

within two months from today. The interim order granted shall

remain in force, till orders are passed.

4. It is made clear that we have not made any

observations on the merits of the matter that it is for the

Tribunal to consider the contentions on merits after hearing

both sides.

Sd/-

(ANU SIVARAMAN) JUDGE

Sd/-

(G BASAVARAJA) JUDGE

RAK