IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE H.T.NARENDRA PRASAD WRIT APPEAL NOS.2676-2677 OF 2019 (KLR-RES) BETWEEN:
ARTHA REAL ESTATE CORPORATION LIMITED NO.110/37, SOLITAIRE SERVICE ROAD OUTER RING ROAD CHINNAPPANAHALLI VILLAGE MARATHAHALLI POST KRISHNARAJAPURA HOBLI BENGALURU – 560 037 NOW DEMERGED INTO BENNETT PROPERTY HOLDINGS COMPANY LIMITED REPRESENTED BY ITS AUTHORIZED SIGNATORY MR.SURESHKUMAR M.B. AGED ABOUT 38 YEARS OCCUPATION: MANAGER ... APPELLANT (BY SHRI K.G.RAGHAVAN, SENIOR ADVOCATE ALONG WITH SHRI P.N. RAJESWARA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING AMBEDKAR VEEDHI BENGALURU – 560 001 2. THE DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR – 563 101 3. THE TAHSILDAR MALUR TALUK KOLAR DISTRICT – 563 130 4. SRI ASHWATH KUMAR S.V. S/O Y.VENKATESHAPPA AGED ABOUT 36 YEARS SAMPANGERE VILLAGE ALAMBADI POST, MALUR TALUK KOLAR DISTRICT – 563 114 5. MALUR PLANNING AUTHORITY REPRESENTED BY ASSISTANT DIRECTOR OF TOWN PLANNING 1ST FLOOR, SRINIVASA COMPLEX HOSUR MAIN ROAD MALUR – 563 130 ... RESPONDENTS (SRI P.B.ACHAPPA, AGA FOR RESPONDENT NOS.1 TO 3 & 5) ---
THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 15.07.2019 IN W.P.NOS.32321/2018 AND 34916/2018 (KLR-RES) PASSED BY THE LEARNED SINGLE JUDGE AND ETC.
THESE APPEALS COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT Shri K.G.Raghavan, the learned Senior Counsel appearing for the appellant states that against the order / notice dated 12th July 2019 issued by the Tahasildar, the appellant will prefer an appeal under clause (a) of Section 49 of the Karnataka Land Revenue Act, 1964. He submits that in view of the statement of the learned Additional Government Advocate that is recorded in the order dated 15th July 2019, a limited protection may be granted so that the appellant will be in a position to prefer an appeal and apply for stay. The learned Senior Counsel states that the appeal will be filed within a period of one week from today.
2. We accept the said statement.
3. In view of the aforesaid statement, we need not entertain these appeals and the same are disposed of by the following order:
(i) We accept the statement made across the Bar that the appellant will prefer an appeal against the order / notice dated 12th July 2019 within a period of one week from today.
(ii) We direct the Appellate Authority to decide the application for stay within a period of two weeks from the date on which the appeal is filed. Till the communication of the order to the appellant on the application for stay, the action of dispossession shall not be taken on the basis of the notice dated 12th July 2019. If the application for stay is rejected, we direct that dispossession on the basis of the notice dated 12th July 2019 shall not be taken for a period of one week from the date on which the order of the Appellate Authority is made available to the appellant.
The pending interlocutory applications do not survive for consideration and are disposed of .
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB