Smt Shashikala Siddappa Wodeyar vs The State Of Karnataka
2025 Latest Caselaw 5977 Kant

Karnataka High Court

Smt Shashikala Siddappa Wodeyar vs The State Of Karnataka on 29 May, 2025

Author: Mohammad Nawaz

Bench: Mohammad Nawaz

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                                                            WA No. 805 of 2025


                       HC-KAR



                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 29TH DAY OF MAY, 2025

                                               PRESENT
                              THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
                                                 AND
                              THE HON'BLE MR JUSTICE VENKATESH NAIK T
                                 WRIT APPEAL NO. 805 OF 2025 (S-TR)
                       BETWEEN:

                       1.    SMT. SHASHIKALA SIDDAPPA WODEYAR,
                             WORKING AS DEPUTY COMMISSIONER
                             EXCISE-BUD-7,
                             D/O SIDDAPPA BIRAPPA WODEYAR,
                             AGED 40 YEARS,
                             OFFICE OF DEPUTY COMMISSIONER EXCISE,
                             BANGALORE URBAN DISTRICT-7,
                             NO.542, 1ST FLOOR,
                             16TH CROSS, 2ND STAGE, INDRANAGAR,
                             BENGALURU-560038.

Digitally signed by
MOUNESHWARAPPA
                       2.    SRI JAYARAME GOWDA M.D.,
NAGARATHNA                   WORKING AS DEPUTY COMMISSIONER EXCISE
Location: High Court
of Karnataka                 BANGALORE URBAN DISTRICT-5,
                             S/O DASEGOWDA,
                             AGED 46 YEARS
                             BYRAOATTANA,
                             CHANNAPATTANA TALUK,
                             VTC, MALUR POST,
                             RAMANAGAR - 562160.

                       3.    CAPT. AJITH RAI G.A.,
                             WORKING AS DEPUTY COMMISSIONER EXCISE
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     BANGALORE URBAN DISTRICT-2,
     NO.244, 8TH E MAIN ROAD,
     1ST BLOCK, HRBR LAYOUT,
     KALYAN NAGAR,
     BENGALURU-560043.

4.   SRI. SHIVALINGAPPA BANAHATTI
     WORKING AS DEPUTY COMMISSIONER EXCISE
     BANGALORE URBAN DISTRICT-4,
     OFFICE OF DEPUTY COMMISSIONER OF EXCISE,
     BUD-4, NO.334/6, 1ST FLOOR,
     ABAKARI BHAVANA, KSBCL,
     BYTARAYANAPURA,
     MYSORE ROAD,
     BENGALURU-560025.

5.   SRI. SUBHASHCHANDRA J.,
     S/O JAYANNA P.,
     AGED 53 YEARS
     WORKING AS SUPERINTENDENT OF EXCISE-BUD-7,
     NO.1857, 2ND A MAIN, 20TH D CROSS
     C BLOCK, SAHAKARA NAGAR,
     BENGALURU NORTH-560092.

6.   SRI. MANJA NAIK R.,
     S/O REKYA NAIK,
     AGED 50 YEARS
     WORKING AS EXCISE INSPECTOR-BUD-7,
     NO.115, 12TH CROSS,
     9TH MAIN, 3RD PHASE,
     BENGALURU SOUTH,
     BENGALURU-560085.

7.   SRI. PRAKASH PATIL.
     WORKING AS SUPERINTENDENT OF EXCISE-BUD-5,
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     S/O SIDRAMAPA PATIL,
     AGED 46 YEARS,
     NO.1409/A, 11TH MAIN ROAD,
     2ND STAGE WEST OF CARD
     NAGAPURA,
     MAHALAKSHMIPURAM,
     BENGALURU-560086.

8.   SRI. K.S MAHESH.
     WORKING AS DEPUTY SUPERINTENDENT OF EXCISE,
     OFFICE OF EXCISE SUPERINTENDENT,
     SUB-DIVISION-09-BUD-5,
     S/O SOMASHEKARIAH,
     AGED 48 YEARS,
     JAYALAKSHMAMMA LAYOUT,
     OPPOSITE TRINITY ARCHADE APARTMENT
     PAPAREDDY PALYA,
     NAGARABHAVI,
     BENGALURU-560 072.

9.   SRI. BASAVARAJ KARAMANNAVAR,
     WORKING AS DEPUTY SUPERINTENDENT OF EXCISE
     OFFICE OF EXCISE SUPERINTENDENT,
     SUB-DIVISION-09- BUD-5,
     S/O DYAMAPPA KARAMANNANAVAR,
     AGED 40 YEARS,
     3RD CROSS, NEAR NO.4 SCHOOL,
     BEERESHWARA NAGAR,
     RANEBENNUR,
     HAVERI,
     KARNATAKA-581115.

10. SMT. GEETHA D.,
    WORKING AS EXCISE INSPECTOR ZONE 26,
    INDIRANAGAR BUD-5,
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    C/O. MAHESH H.,
    AGED 48 YEARS,
    NO.33, 6TH CROSS,
    CHUNCHAGHATTA MAIN ROAD,
    NEAR GREEN VALLEY SCHOOL,
    YALACHANAHALLI,
    BENGALURU-560062.

11. SRI BHARATESH SHIROL,
    WORKING AS EXCISE INSPECTOR ZONE 27,
    FRAZER TOWN, BUD-5,
    R/O JAMAKANDI TALUK,
    SANAL, BAGALKOT-587301.

12. SRI. SURESH R.O.,
    WORKING AS EXCISE INSPECTOR, ZONE 28,
    JEEVANBEEMNAGAR, BUD-5,
    S/O R.ONKAR NAIK
    AGED 42 YEARS,
    NANDINI LAYOUT A BLOCK,
    4TH CROSS, NEAR GANAPATHI TEMPLE,
    ALKOLA, SHIVAMOGA-577201.

13. SRI. PRAVEEN M. RANGANNANAVAR,
    WORKING AS EXCISE INSPECTOR, ZONE 29,
    RAMAMURTHYNAGAR, BUD-5,
    S/O MALLIKARJUN RANGANNAVAR
    AGED 36 YEARS,
    HOUSE NO.425/1, GIRIJANNAVAR STREET,
    SAUNDATTI WARD NO.3, SAUNDATTI,
    BELGAUM-591126.

14. SRI. MAULI ALI TELI,
    WORKING AS EXCISE INSPECTOR, ZONE 30,
    MAHADEVPURA, BUD-5,
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    S/O SHOUBUDIN,
    AGED 41 YEARS
    WARD NO.21, HOUSE NO.185,
    MANAGULI ROAD, RENUKA NAGAR,
    VIJAYAPURA, KARNATAKA-576109.

15. SRI. KRISHNAMURTHY P.,
    WORKING AS EXCISE INSPECTOR, ZONE 31,
    WHITEFIELD, BUD-5,
    S/O PADMANAIK,
    AGED 40 YEARS,
    KALUR HESAGE VILLAGE,
    CHADARAVALLI POST, SAGAR TALUK,
    SHIVAMOGGA-577401.

16. SRI. RAJESH GANIGE S.,
    WORKING AS EXCISE SUB-INSPECTOR, ZONE 26,
    INDRANAGAR, BUD-5,
    S/O SHIVALINGAPPA GANIGER,
    AGED 33 YEARS,
    NO.36, GANIGAR SIDDAPUR,
    HAVERI, KARNATAKA-581118.

17. SRI. MALLESH KUMAR
    WORKING AS EXCISE SUB-INSPECTOR, ZONE 28,
    JEEVANBEEMNAGAR, BUD-5,
    S/O RAMAKRISHNAPPA,
    AGED 37 YEARS,
    NO.45, NEAR ANJANEYYA TEMPLE,
    SOLADEVANAHALLI, KASABA HOBLI
    SOLADEVANAHALLI POST,
    BENGALURU RURAL DISTRICT-562130.

18. SRI. PRADEEP V.,
    WORKING AS EXCISE SUB-INSPECTOR, ZONE 30,
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    MAHADEVPURA, BUD-5,
    S/O VENKATARAMANAPPA,
    AGED 32 YEARS,
    NO.91/1, NEAR T C H COLLEGE,
    NAGAVARA, BENGALURU NORTH,
    KARNATAKA-560045.

19. SMT. TRINETRA I.K.,
    WORKING AS EXCISE SUB-INSPECTOR, ZONE 31,
    WHITEFIELD, BUD-5,
    C/O ASHOK R.,
    AGED 33 YEARS,
    NO.66, MCRP COLONY,
    ALADAHALLI, DAMMANINGALA, POST,
    SHRAVANABELAGOLA, CHANNARAYAPATNA TALUK,
    HASSAN-573135.

20. SRI. DARSHAN M.K.,
    WORKING AS EXCISE SUB-INSPECTOR,
    HALASURU, RANGE-42, SD-13, BUD-7,
    S/O KUMAR
    AGED 34 YEARS
    R/O HOLENARSIPUR TALUK
    MALLAPPANAHALLI,
    HOLENARSIPUR, HASSAN-573211.

21. SRI. NAGARAJA K.,
    WORKING AS EXCISE SUB-INSPECTOR,
    KORAMANGALA,
    ZONE-40, BUD-7,
    S/O KENCHAPPA
    AGED 32 YEARS
    R/O TALIKATTI,
    CHITHRADURGA-577539.
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22. SRI. GURUDATH R.,
    WORKING AS EXCISE INSPECTOR,
    MADIWALA,
    RANGE-39 BUD-7,
    S/O REVANNA
    AGED 36 YEARS
    R.NO.47/LA1 LHR LAYOUT,
    GOVINDA SHETTY PALYA,
    PHASE 2ND BENGALURU ELECTRONIC CITY,
    BENGALURU SOUTH,
    KARNATAKA-560100.

23. SRI. ASHOK SHERIGAR N.,
    WORKING AS EXCISE SUB-INSPECTOR,
    MADIWALA, ZONE-39,
    S/O. KRISHNA SHERIGAR N.,
    AGED 59 YEARS
    NO.123/3-1, SRINIVASA ROAD,
    THAYAGARANAGARA 2ND BLOCK,
    BENGALURU-560028.

24. SRI. MAHESH R.,
    WORKING AS INSPECTOR OF EXCISE,
    AUDIGODI, RANGE-41, BUD-7,
    S/O LATE OBALAIAH,
    AGED 48 YEARS,
    SANTTE BEEDI OPP.G.H.P.S.,
    AKKIRAMPURA POST,
    HOLAVANAHALLI HOBLI,
    KORATAGERE TALUK,
    TUMAKUR-572121.

25. SRI. PARAMESH M.,
    S/O. LATE MARIDASAPPA,
    WORKING AS DEPUTY SUPERINTENDENT OF
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    EXCISE,
    SUB-DIVISION-14, BUD7,
    AGED 47 YEARS,
    NO.3637/36 KRISHNEGOWDA BUILDING,
    4TH CROSS, B BLOCK,
    GAYATHRINAGAR,
    NEAR SUBRAMANYANAGAR,
    SRIRAMPURAM,
    BENGALURU-560021.

26. SRI. PRAKASH S.,
    S/O. K. SRINIVASA,
    WORKING AS INSPECTOR OF EXCISE,
    VIVEKNAGAR,
    RANGE-43, BUD-7,
    AGED 42 YEARS,
    NO.2, DODDANEKKUNDI VILLAGE,
    NEAR WATER TANK,
    BENGALURU DODDANEKKUNDI,
    BENGALURU-560037.

27. SRI. SATEESHA N.,
    C/O. NAGENDRAPPA T.,
    WORKING AS INSPECTOR OF EXCISE,
    HSR LAYOUT,
    RANGE-44, BUD-7,
    AGED 43 YEARS,
    R/A SHETTIKERE CHORADI PO,
    SHIMOGA,
    CHORADI PO
    CHORDI, SHIVAMOGGA-577423.

28. SRI. A. RUPESH KUMAR,
    WORKING AS SUPERINTENDENT OF EXCISE,
    SUB-DIVISION-13, BUD-7,
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    S/O. ANTONY RAJ,
    AGED 48 YEARS,
    NO.76, 1ST CROSS,
    CHAMUNDI VIHAR LAYOUT,
    NAZARABAD,
    MYSORE,
    KARNATAKA-570010.

29. SMT. SOWMYA N.M.,
    W/O. MANJUNATH B.,
    WORKING AS INSPECTOR OF EXCISE,
    KORAMANGALA, RANGE-40, BUD-7
    NO.3P/5/2 NO.335, MUTHURAYA SWAMY LAYOUT
    NEAR BESCOM OFFICE, HULLIMAVU
    BANNERGHATTA ROAD,
    BENGALURU-560076.

30. SRI. VESEEM SHEERAZ AHAMED,
    S/O LATE IQBAL AHAMED,
    WORKING AS INSPECTOR OF EXCISE,
    SUB DIVISION-14, BUD-7,
    AGED 36 YEARS
    R/A FORT MOHALLA, AMURUTHUR,
    TUMAKURU-572111.

31. SRI. T. SRINIVASA MURTHY,
    S/O. THIMMAIAH,
     WORKING AS INSPECTOR OF EXCISE,
    RANGE-42, ULSOOR, BUD-7,
    AGED 56 YEARS,
    NO.68, JB HIGH SCHOOL ROAD
    NEAR CHITHRAKOOTA SCHOOL,
    NAGADEVANAHALLI,
    BENGALURU SOUTH-560056.
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32. SMT. MANJULA B.A.,
    W/O LAKSHMINARAYANA,
    WORKING AS INSPECTOR OF EXCISE,
    HOSAKOTE RANGE, HOSAKOTE,
    BHEEMANAHALLI, GOURIBIDANUR,
    RAMPURA, CHIKKABALLAPURA-561210.


                                             ...APPELLANTS
(BY SRI. DHYAN CHINNAPPA, SR. ADV., FOR
     SRI. SANTOSH RAJ URS B.Y., ADVOCATE)


AND:

1.   THE STATE OF KARNATAKA,
     REPRESENTED BY ITS PRINCIPAL SECRETARY,
     DEPARTMENT OF FINANCE (EXCISE),
     VIDHANA SOUDHA, BENGALURU-560001.

2.   THE COMMISSIONER OF EXCISE
     2ND FLOOR, TTMC, A BLOCK,
     BMTC, K.H. ROAD,
     SHANTI NAGAR, BENGALURU-560027.


                                            ...RESPONDENTS
(BY SRI. SESHU V., HCGP)

     THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO a) CALL FOR ENTIRE RECORDS
IN WP NO. 14727/2025 FILED BY THE APPELLANTS TITLED AS
SMT. SHASHHIKALA SIDDAPPA WODEYAR AND OTHERS V/S
THE STATE OF KARNATAKA AND OTHERS AND ETC.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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                                                  WA No. 805 of 2025


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CORAM:      HON'BLE MR JUSTICE MOHAMMAD NAWAZ
            and
            HON'BLE MR JUSTICE VENKATESH NAIK T


                         ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE MOHAMMAD NAWAZ)

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 WP No. 14727/2025(S-TR) filed by the appellants titled as Smt. Shashikala Siddappa Wodeyar and ors V/s 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."

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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.

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7. It is made clear that no observations are made

on the merits of the case.

Pending I.As. are disposed of.

Sd/-

(MOHAMMAD NAWAZ) JUDGE

Sd/-

(VENKATESH NAIK T) JUDGE

RKA