IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.53498/2018 (LR) BETWEEN:
SMT.G.CHINTAMANI W/O JAYARAM, AGED ABOUT 64 YEARS, GANJAM, SRIRANGAPATNA, MANDYA DISTRICT-571438 ... PETITIONER [BY SRI P.NISHAN UNNI, ADV.] AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPARTMENT, M S BUIDLING, BANGALORE-560001 2. SIDDARAMU S/O KOMARAIAH, AGED ABOUT 50 YEARS, R/AT ANANDA RICE MILL ROAD, SRIRANGAPATNA TOWN, MANDYA DISTRICT-571 438 3. THE ASST. COMMISSIONER AND PRESCRIBED AUTHORITY PANDAVAPURA SUB DIVISON, PANDAVAPURA-571 434 MANDYA DISTRICT 4. THE ADDL. DEPUTY COMMISSONER PARK ROAD 2, NEAR DISTSRICT COURT, PES COLLEGE CAMPUS, MANDYA-571 401 …RESPONDENTS [BY SRI B.S.BUDIHAL, HCGP FOR R-1, R-3 & R-4.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE ADDITIONAL DEPUTY COMMISSIONER, MANDYA - THE FOURTH RESPONDENT HEREIN TO DISPOSE OFF THE MATTER IN LRT/8/1998-99 PENDING BEFORE HIM AS PER ANNEXURE-D TO THIS WRIT PETITION, AS EXPEDITIOUSLY AS POSSIBLE AND THAT A TIME FRAME MAY BE FIXED BY THIS HON'BLE COURT.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has sought for writ of mandamus directing the Additional Deputy Commissioner, Mandya – respondent No.4 herein, to dispose of the matter in LRT/8/1998-99 pending before him as per Annexure-D to the writ petition, as expeditiously as possible fixing a time frame.
2. Petitioner has filed an appeal against the order of respondent No.3 before the Karnataka Appellate Tribunal in Appeal No.1153/2008, whereby the respondent No.3 has passed an order in favour of respondent No.2 considering the tenancy claim made.
3. It transpires that, the Karnataka Appellate Tribunal has passed an order in favour of the petitioner, setting aside the order of the respondent No.3, against which W.P.No.11899/2008 was filed by the respondent No.2. This Court, partly allowing the writ petition, remanded the matter to the respondent No.3 to dispose of the same within six months from the date of the receipt of copy of the order.
4. It is the grievance of the petitioner that despite the said order, even after a decade, the respondent No.4 has failed to dispose of the matter, as the matter was transferred to the Additional Deputy Commissioner, Mandya - respondent No.4 herein by virtue of the Government Notification bearing No.K.E. 171 LRA 2009 dated 23.11.2009.
5. Ordinarily, this Court would not have ventured to direct the quasi-judicial authority to dispose of the matter, fixing the time frame as prayed. However, considering the order sheet, now placed on record, of the proceedings before the respondent No.4 and the directions issued by this Court in W.P.No.11899/2008, to meet the interest of justice, there is no other option except to direct the respondent No.4 to dispose of the matter as expeditiously as possible. Hence, the following.
ORDER Writ petition is allowed.
Respondent No.4 – Additional Deputy Commissioner, Mandya shall dispose of the matter in LRT/8/1998-99 pending before him in accordance with law in an expedite manner, preferably within a period of eight weeks from the date of receipt of certified copy of this order keeping in mind the directions issued by this court in W.P.No.11899/2008.
Sd/- JUDGE PMR