Citation : 2026 Latest Caselaw 2796 Kant
Judgement Date : 1 April, 2026
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NC: 2026:KHC:17724
WP No. 3300 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 3300 OF 2026 (S-TR)
BETWEEN:
SRI KIRAN V
S/O VASANTHA,
AGED ABOUT 34 YEARS
WORKING AS ASSISTANT ENGINEER (ELECTRICAL)
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD,
MYSORE ZONE,
MYSORE - 570016
RESIDING AT HOUSE NO. 6338/A,
NGO COLONY, NANJANAGUDU TALUK,
MYSORE - 571 301.
...PETITIONER
(BY SRI. SATISH K., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF COMMERCE AND INDUSTRIES,
Digitally signed REPRESENTED BY
by CHANDANA ITS PRINCIPAL SECRETARY,
BM VIKASA SOUDHA,
Location: High BANGALORE - 560 001.
Court of
Karnataka 2. KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED
REPRESENTED BY ITS
MANAGING DIRECTOR,
CAUVERY BHAVAN, K G ROAD,
BANGALORE - 560 009.
3. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER
KANIJA BHAVAN,
RACE COURSE ROAD,
BANGALORE - 560 001.
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NC: 2026:KHC:17724
WP No. 3300 of 2026
HC-KAR
4. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD
REPRESENTED BY ITS JOINT DIRECTOR,
GANDHI NAGAR,
BANGALORE - 560 009.
5. SRI GIRISH KUMAR M R
FATHERS NAME NOT KNOWN TO
THE PETITIONER
MAJOR,
WORKING AS ASSISTANT ENGINEER (ELECTRICAL)
KARNATAKA INDUSTRIAL
AREAS DEVELOPMENT BOARD,
HEAD OFFICE, KHANIJA BHAVAN,
RACE COURSE ROAD,
BANGALORE - 560 001.
...RESPONDENTS
(BY SRI. SPOORTHY HEGDE, AGA FOR R-1
SRI. A. CHADNRASHEKAR, ADVOCATE FOR R-2
SRI. P.V. CAHDNRASHEKAR, ADOVCATE FOR R-3 & R-4
SRI. DILIP KUMAR, ADVOCATE FOR R-5)
THIS W.P IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION
OF INDIA PRAYING TO CALL FOR RECORDS FROM THE RESPONDENT
NO. 4 PERTAINING TO THE IMPUGNED ORDER DATED 31/01/2026
(ANNEXURE - E) AND ISSUE WRIT OR ORDER QUASHING THE
IMPUGNED ORDER DATED 31/01/2026 BEARING NO.
KAKALPRAAMAM/KEMKA/DP-1978/17142/2025-26 PASSED BY THE
RESPONDENT NO. 4 (ANNEXURE - E), IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner seeks for the following reliefs:-
"a) Call for records from the Respondent No.4 pertaining to the impugned Order dated 31.01.2026 (Annexure - E);
NC: 2026:KHC:17724
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b) Issue Writ or order quashing the impugned Order dated 31.01.2026 bearing No.KaKaiPraAMam/KemKa/DP-1978/17142/2025-26 passed by the Respondent No.4 (Annexure - E), in the interest of justice and equity.;
c) Pass any such other Order which this Hon'ble Court deems fit, including the cost of the Writ petition, in the interest of justice and equity.
d) Issue Writ or Order quashing the impugned Order dated 29.01.2026 bearing No.CI 581 IAP 2025 passed by the Respondent No.1 (Annexure - F), in the interest of justice and equity."
2. Heard learned counsel for the petitioner, learned AGA
for respondent No.1 and learned counsel for respondent Nos.2 to 5
and perused the material on record.
3. On 04.02.2026, this Court has passed the following
interim order:
"I.A.No.1/2026 is filed seeking dispensation of production of certified copy of Annexure-E.
Perused the affidavit filed in support of the applications.
For the reasons stated in the accompanying affidavit, production of the certified copy of Annexure-E is
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HC-KAR
dispensed with for the present, subject to the condition that same shall be furnished within a period of four weeks. Application stands disposed of.
Heard.
Learned Government Advocate is directed to accept notice for respondent No.1.
Mr.A.Chandrachud, learned counsel is directed to accept notice for respondent No.2.
Mr.P.V.Chandrashekar, learned counsel is directed to accept notice for respondent Nos.3 and 4.
Office to show the names in the cause list. Learned counsel for the petitioner to serve two sets of copy of the writ petition on learned Government Advocate and one set on counsels for respondent Nos.2 to 4.
Issue emergent notice to respondent No.5 Stay of Annexure-E dated 31.01.2026 till the next date of hearing, if the said order has not been implemented.
Re-list this matter on 09.02.2026.
Hand Delivery of this order is permitted."
4. As can be seen from the aforesaid interim order
passed by this Court, the petitioner, the impugned orders dated
29.01.2026 / 31.01.2026 were stayed subject to the same not
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having been implemented as on that day. It is however a matter of
record that the respondent No.5 who was transferred to the
place/post of the petitioner had already assumed charge by that
date and as such, the petitioner was not permitted to continue to
work as Assistant Engineer (Electrical) in the KIADB, Mysuru zone,
Mysuru, from the date of the interim order.
5. Learned counsel for the petitioner submits that the
petition may be disposed of directing respondent No.2 to provide a
suitable/ appropriate/ available posting as expeditiously as
possible.
6. Per contra, learned counsel for the respondents
submits that if reasonable time is granted, respondent No.2 would
provide an available posting to the petitioner in accordance with
law.
7. In view of the aforesaid facts and circumstances of the
case, I deem it just and appropriate to disposed of the petition by
issuing certain directions. In the result, I pass the following order:
NC: 2026:KHC:17724
HC-KAR
ORDER
i) The petition is hereby disposed of.
ii) Respondent No.2 - KPTCL is directed to provide an
appropriate/ suitable/ available posting to the petitioner in
accordance with law within a period of two weeks from today.
Hand delivery of this order is permitted.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 32
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