IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 13TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL NO.3012 OF 2018 (LB-BMP) BETWEEN:
B VIJAY SAI AGED ABOUT 58 YEARS SON OF LATE BODHA SETTY #82, PRASANNA NILAYA FOURTH MAIN NAGARABAVI MAIN ROAD MARUTHINAGAR BENGALURU -560 072. ... APPELLANT (BY SRI. PUTTIGE R RAMESH, ADVOCATE) AND:
1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA DR. B.R.AMBEDKAR ROAD BENGALURU -560 001.
2. BRUHATH BENGALURU MAHANAGARA PALIKE BY ITS COMMISSIONER N.R.SQUARE BENGALURU -560 002.
3. THE ASSISTANT DIRECTOR OF LAND RECORDS & THE ENQUIRY OFFICER CITY SURVEY III K.R.CIRCLE BENGALURU -560 001. ... RESPONDENTS (BY SRI. S S MAHENDRA, AGA. FOR RESPONDENT Nos.1 AND 3 SRI K N PUTTEGOWDA, ADVOCATE FOR RESPONDENT NO.2) WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO i)ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 18/09/2018 IN WRIT PETITION NO.13105/13 [LB] AND ii)ALLOW WRIT PETITION NO.13105/2013 [LB] AS PRAYED FOR.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the impugned order dated 18.09.2018 passed by the learned Single Judge in W.P.No.13105 of 2013 (LB), the writ petitioner has filed this appeal.
2. The only contention urged by the appellant’s counsel is that proceedings initiated by him in Enquiry No.8 of 2011 is pending before the third respondent, which is not yet disposed off. He pleads that he would be satisfied if respondent No.3 is directed to dispose off the enquiry.
3. Learned counsel for respondent No.3 has no objection.
4. Hence the Writ appeal is allowed. The impugned order dated 18.09.2018 passed by the learned Single Judge in W.P.No.13105 of 2013 is set aside. Respondent No.3 is directed to dispose off the Enquiry No.8 of 2011 pending before him as expeditiously as possible.
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JUDGE JUDGE NG* CT:bms