IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 19TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE ASHOK S. KINAGI WRIT APPEAL NO.2091 OF 2016 (LB-RES) BETWEEN:
THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL, NELAMANGALA TOWN, BENGALURU RURAL DISTRICT-562 123.
(BY SRI KALYAN R., ADVOCATE) AND:
SMT. PADMA R. CHANDRA WIFE OF SRI T.M. RAMACHANDRA, AGED ABOUT 46 YEARS, NO.5648, KHADRI NIVAS, SUBHAS NAGARA, NELAMANGALA TOWN, BENGALURU RURAL DISTRICT-562 123.
...APPELLANT …RESPONDENT (BY SRI D.R. RAJASHEKARAPPA, ADVOCATE) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 18.03.2016 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.57440 OF 2015 (LB-RES) AND TO DISMISS THE WRIT PETITION FILED BY THE RESPONDENT.
***** THIS WRIT APPEAL COMING ON FOR FINAL HEARING THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the order dated 18.03.2016, passed by the learned Single Judge in Writ Petition No.57440 of 2015, directing the respondents to comply with the order of the Assistant Commissioner, respondent No.1 therein has filed the instant appeal.
2. The learned counsel for the appellant contends that the order sought to be complied with namely, the orders of the Assistant Commissioner and Deputy Commissioner has since been challenged in Writ Petition Nos.40521-522 of 2016. That notices have been issued and interim order has been granted in the said writ petitions.
3. The respondent is served and represented by the learned counsel.
4. In view of the submissions made, the writ appeal is allowed. The order dated 18.03.2016, passed by the learned Single Judge in Writ Petition No.57440 of 2015, is set-aside.
All contentions are kept open, to be agitated before the learned Single Judge in the aforesaid writ petition.
Sd/- JUDGE Sd/- JUDGE JJ/-