Writ Petition No. 14727 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:19112 WP No. 14727 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 14727 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. 2. SRI JAYARAME GOWDA M.D. WORKING AS DEPUTY COMMISSIONER EXCISE BANGALORE URBAN DISTRICT-5 S/O DASEGOWDA AGED 46 YEARS BYRAOATTANA, CHANNAPATTANA TALUK VTC, MALUR POST,RAMANAGAR-62160. 3. CAPT. AJITH RAI. G.A WORKING AS DEPUTY COMMISSIONER EXCISE BANGALORE URBAN DISTRICT-2 NO. 244,8TH E, MAIN ROAD 1ST BLOCK, HRBR LAYOUT KALYAN NAGAR, BENGALURU-560 043.
Legal Reasoning
4. SRI. SHIVALINGAPPA BANAHATTI WORKING AS DEPUTY COMMISSIONER EXCISE Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:19112 WP No. 14727 of 2025 HC-KAR BANGALORE URBAN DISTRICT-4 OFFICE OF DEPUTY COMMISSIONER OF EXCISE BUD-4 NO. 334/6, 1ST FLOOR ABAKARI BHAVANA, KSBCL BYATARAYANAPURA, 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, 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. S/O SIDRAMAPA PATIL AGE 46 YEARS NO. 1409/A, 11TH MAIN ROAD 2ND STAGE WEST OF CARD ROAD, NAGAPURA MAHALAKSHMIPURAM, BENGALURU-560086. 8. SRI. K.S MAHESH. AGED 48 YEARS WORKING AS DEPUTY SUPERINTENDENT OF EXCISE. S/O SOMASHEKARIAH OFFICE OF EXCISE SUPERINTENDENT SUB-DIVISION-09- BUD-5 JAYALAKSHMAMMA LAYOUT - 3 - NC: 2025:KHC:19112 WP No. 14727 of 2025 HC-KAR OPPOSITE TRINITY ARCHADE APARTMENT PAPAREDDY PALYA, NAGARABHAVI BENGALURU-560072. 9. SRI. BASAVARAJ KARAMANNAVAR AGE 40 YEARS WORKING AS DEPUTY SUPERINTENDENT OF EXCISE OFFICE OF EXCISE SUPERINTENDENT SUB-DIVISION-09- BUD-5 S/O DYAMAPPA KARAMANNANAVAR 3RD CROSS NEAR NO. 4 SCHOOL BEERESHWARA NAGAR RANEBENNUR HAVERI, KARNATAKA 581115. 10. SMT. GEETHA. D AGE 48 YEARS WORKING AS EXCISE INSPECTOR ZONE 26 INDIRANAGAR BUD-5 C/O. MAHESH H 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 AGED 42 YEARS WORKING AS EXCISE INSPECTOR ZONE 28, JEEVANBEEMNAGAR BUD-5 S/O R. ONKAR NAIK NANDINI LAYOUT A BLOCK 4TH CROSS NEAR GANAPATHI TEMPLE ALKOLA, SHIVAMOGA-577201. - 4 - NC: 2025:KHC:19112 WP No. 14727 of 2025 HC-KAR 13. SRI. PRAVEEN M RANGANNANAVAR AGE 36 YEARS WORKING AS EXCISE INSPECTOR, ZONE 29 RAMAMURTHYNAGAR, BUD-5 S/O MALLIKARJUN RANGANNAVAR HOUSE NO. 425/1, GIRIJANNAVAR STREET SAUNDATTI WARD NO. 3 SAUNADATTI BELAGUM-591126. 14. SRI. MOULIALI TELI AGE 41 YEARS WORKING AS EXCISE INSPECTOR, ZONE 30 MAHADEVPURA, BUD-5 S/O SHOUBUDIN WARD NO. 21, HOUSE NO. 185 MANAGULI ROAD, RENUKA NAGAR VIJAYAPURA, KARNATAKA 576109. 15. SRI. KRISHNAMURTHY P AGE 40 YEARS. WORKING AS EXCISE INSPECTOR, ZONE 31 WHITEFIELD, BUD-5 S/O PADMANAIK. KALUR HESAGE VILLAGE CHADARAVALLI POST SAGAR TALUK, SHIVAMOGGA-577401. 16. SRI. RAJESH GANIGER.S AGE 33 YEARS WORKING AS EXCISE SUB-INSPECTOR ZONE 26, INDRANAGAR, BUD-5 S/O SHIVALINGAPPA GANIGER NO. 36, GANIGAR SIDDAPUR HAVERI KARNATAKA-581118 17. SRI. MALLESH KUMAR AGE 37 YEARS - 5 - NC: 2025:KHC:19112 WP No. 14727 of 2025 HC-KAR WORKING AS EXCISE SUB-INSPECTOR ZONE 28, JEEVANBEEMNAGAR, BUD-5 S/O RAMAKRISHNAPPA NO, 45, NEAR ANJANEYYA TEMPL SOLADEVANAHALLI, KASABA HOBLI SOLADEVANAHALLI POST BENGALURU RURAL DISTRICT-562130 18. SRI. PRADEEP. V AGE 32 YEARS WORKING AS EXCISE SUB-INSPECTOR, ZONE 30 MAHADEVPURA, BUD-5. S/O VENKATARAMANAPPA NO. 91/1, NEAR T C H COLLEGE NAGAVARA, BENGALURU NORTH KARNATAKA-560045. 19. SMT. TRINETRA I.K. AGED 33 YEARS WORKING AS EXCISE SUB- INSPECTOR, ZONE 31, WHITEFIELD, BUD-5 C/O ASHOK. R NO. 66, MCRP COLONY, ALADAHALLI DAMMANINGALA POST SHRAVANABELAGOLA CHANNARAYAPATNA TALUK HASSAN 573135. 20. SRI. DARSHAN. M.K. AGE 34 YEARS WORKING AS EXCISE SUB-INSPECTOR HALASURU, RANGE-42, SD-13, BUD-7 S/O KUMAR R/O HOLENARSIPUR TALUK MALLAPPANAHALLI, HOLENARSIPUR HASSAN-573211. - 6 - NC: 2025:KHC:19112 WP No. 14727 of 2025 HC-KAR 21. SRI. NAGARAJA.K. AGE 32 YEARS WORKING AS EXCISE SUB-INSPECTOR KORAMANGALA, ZONE-40, BUD-7. S/O KENCHAPPA R/O TALIKATTI, CHITHRADURGA-577539. 22. SRI. GURUDATH. R. AGE. 36 YEARS WORKING AS EXCISE INSPECTOR MADIWALA, RANGE-39 BUD-7 S/O REVANNA R/AT. NO 47/LAL LHR LAYOUT GOVINDA SHETTY PALYA PHASE 2, BANGALURU ELECTRONIC CITY BANGALURU, SOUTH, KARNATAKA-500100. 23. SRI. ASHOK SHERIGAR N. AGE 59 YEARS WORKING AS EXCISE SUB-INSPECTOR MADIWALA, ZONE-39 S/O KRISHNA SHERIGAR. N NO. 123/3-1 SRINIVASA ROAD THAYAGARANAGARA 2ND BLOCK BENGALURU-560028. 24. SRI. MAHESH.R. AGE 48 YEARS WORKING AS INSPECTOR OF EXCISE AUDIGODI, RANGE-41, BUD-7 S/O LATE OBALAIAH SANTTE BEEDI OPP.G.H.P.S AKKIRAMPURA POST, HOLAVANAHALLI HOBLI KORATAGERE TALUK, TUMAKUR-572121. 25. SRI. PARAMESH.M. AGE 47 YEARS S/O LATE MARIDASAPPA - 7 - NC: 2025:KHC:19112 WP No. 14727 of 2025 HC-KAR WORKING AS DEPUTY SUPERINTENDENT OF EXCISE SUB-DIVISION-14, BUD7 NO. 3637/36 KRISHNEGOWDA BUILDING 4TH CROSS, B BLOCK, GAYATHRINAGAR NEAR SUBRAMANYANAGAR SRIRAMPURAM BENGALURU 560021. 26. SRI. PRAKASH S AGE 42 YEARS S/O K SRINIVASA WORKING AS INSPECTOR OF EXCISE VIVEKNAGAR, RANGE-43, BUD-7 NO. 2 DODDANEKKUNDI VILLEGE NEAR WATER TANK BENGALURU DODDANEKKUNDI BENGALURU-560037 27. SRI. SATEESHA N AGE 43 YEARS C/O NAGENDRAPPA T. RANGE-44, BUD-7 WORKING AS INSPECTOR OF EXCISE HSR LAYOUT, R/A SHETTIKERE CHORADI PO SHIMOGA, CHORADI PO CHORDI SHIVAMOGGA-577423. 28. SRI. A. RUPESH KUMAR AGE 48 YEARS WORKING AS SUPERINTENDENT OF EXCISE SUB-DIVISION-13, BUD-7 S/O ANTONY RAJ 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 - 8 - NC: 2025:KHC:19112 WP No. 14727 of 2025 HC-KAR BUD-7 NO. 3P/5/2 NO.335 MUTHURAYA SWAMY LAYOUT NEAR BESCOM OFFICE, HULLIMAVU BANNERGHATTA ROAD, BENGALURU-560076. 30. SRI. VESEEM SHEERAZ AHAMED AGE 36 YEARS S/O LATE IQBAL AHAMED WORKING AS INSPECTOR OF EXCISE SUB-DIVISION-14, BUD-7 R/A FORT MOHALLA, AMURUTHUR TUMAKURU-572 111. 31. SRI. T. SRINIVASA MURTHY AGE 56 YEARS S/O THIMMAIAH WORKING AS INSPECTOR OF EXCISE RANGE-42, ULSOOR, BUD-7 NO. 68, JB HIGH SCHOOL ROAD NEAR CHITHRAKOOTA SCHOOL NAGADEVANAHALLI BENGALURU SOUTH 560056. 32. SMT. MANJULA B A. W/O LAKSHMINARAYANA WORKING AS INSPECTOR OF EXCISE HOSAKOTE RANGE, HOSAKOTE BHEEMANAHALLI, GOURIBIDANUR RAMPURA CHIKKABALLAPUR-561210. (BY SRI.DHYAN CHINAPA, SENIOR COUNSEL FOR SRI. KIRAN B.Y..,ADVOCATE) …PETITIONERS AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY - 9 - NC: 2025:KHC:19112 WP No. 14727 of 2025 HC-KAR DEPARTMENT OF FINANCE (EXCISE) VIDHANA SOUDHA, BENGALURU-560001. 2. THE COMMISSIONER OF EXCISE 2ND FLOOR, TTMC, A BLOCK BMTC, KH ROAD, SHANTI NAGAR BENGALURU 560027. (BY SRI.VIKAS RAJIPURA, AGA.) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DECLARE RULE 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 AS PER ANNEXURE –F AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. Learned AGA raised a preliminary objection regarding maintainability of the writ petition on the ground that the - 10 - NC: 2025:KHC:19112 WP No. 14727 of 2025 HC-KAR petitioners are Civil Servants and they have to approach the Karnataka Administrative Tribunal. 2. The learned Senior counsel for the petitioners has contended that the petitioners had filed W.A.No.805/2025 for non-granting of interim order by the learned Single Judge in W.P.No.14727/2025. However, the Division
Decision
Bench has disposed of the said writ appeal by order dated 29.05.2025 with a direction to the respondents not to precipitate the matter till 06.06.2025. 3. The grievance in respect of the ‘service matters’ cannot be a subject matter of adjudication at the hands of a writ Court, as the court of first instance, in the light of the decision of the Apex Court in the case of L.Chandra Kumar vs. Union of India reported in 1997(2) SCR 1186. 4. In view of the above, the writ petition is disposed of, reserving liberty for the petitioners to approach the Karnataka Administrative Tribunal. - 11 - NC: 2025:KHC:19112 WP No. 14727 of 2025 HC-KAR 5. The interim order granted by the Division Bench of this Court in W.A.No.805/2025 on 29.05.2025, is extended for a further period of three weeks. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 1