IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY 2019 PRESENT THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE ASHOK G NIJAGANNAVAR WRIT APPEAL NO.2922 OF 2018 (LB-RES) BETWEEN:
SMT. GIRIJA BAI W/O SHANKARA NAIKA AGED ABOUT 56 YEARS, ADHYAKSHA ANABURU VILLAGE PANCHAYATH ANABURU VILLAGE, JAGALUR TALUK DAVANAGERE DISTRICT - 577 528 (BY SRI.P.P HEGDE, ADV.) AND:
1. THE ASSISTANT COMMISSIONER HARAPANAHALLI SUB DIVISION HARAPANAHALLI – 583 101 DAVANAGERE DISTRICT 2. THE EXECUTIVE OFFICER TALUK PANCHAYAT JAGALUR TALUK JAGALUR DAVANAGERE DISTRICT - 577 528 ... APPELLANT 3. THE ANABURU VILLAGE PANCHAYAT BY ITS PANCHAYAT DEVELOPMENT OFFICER ANABURU JAGALUR TALUK DAVANAGERE DISTRICT - 577 528 4. SRI.SHIVALINGAPPA B S/O POOJARI BASAVARAJAPPA AGED ABOUT 32 YEARS, R/O DODDABOMMANAHALLI JAGALUR TALUK - 577 528 DAVANAGERE DISTRICT 5. SRI ANANDA N T S/O THIPPERUDRAPPA AGED ABOUT 35 YEARS, R/O JYOTHIPURA JAGALUR TALUK - 577 528 DAVANAGERE DISTRICT 6. SRI O JAYANNA S/O O.JAYANNA, AGED ABOUT 45 YEARS, R/O ANABURU JAGALUR TALUK - 577 528 DAVANAGERE DISTRICT 7. SRI.MALLIKARJUNA S/O BORAIAH AGED ABOUT 48 YEARS, R/O HANUMAVVANAGTHIHALLI JAGALUR TALUK - 577 528 DAVANAGERE DISTRICT 8. SRI M B KARIBASAPPA S/O BORAIAH AGED ABOUT 40 YEARS, R/O THIMMALAPURA JAGALUR TALUK-577 528 DAVANAGERE DISTRICT 9. SMT N.NAGAVENI W/O THIPPESWAMY AGED ABOUT 35 YEARS, R/O ANABURU JAGALUR TALUK - 577 528 DAVANAGERE DISTRICT 10. SMT.THIMMAKKA W/O A G ERANNA AGED ABOUT 38 YEARS, R/O ANABURU GOLLARAHATTI JAGALURU TALUK - 577 528 DAVANAGERE DISTRICT 11. SMT.ERAMMA W/O B K ERANNA AGED ABOUT 35 YEARS, R/O ANABURU GOLLARAHATTI JAGALUR TALUK -577 528 DAVANAGERE DISTRICT 12. SMT.S.SHANTHAMMA W/O K MALLAPPA AGED ABOUT 50 YEARS, R/O MADAMUTHANAHALLI JAGALUR TALUK - 577 528 DAVANAGERE DISTRICT 13. SMT G B SHOBHA W/O SHIVANNA AGED ABOUT 28 YEARS, R/O KANANAKATTE JAGALUR TALUK - 577 528 DAVANAGERE DISTRICT 14. SRI.HOTTEGOWDA S/O GUDDAPPA AGED ABOUT 40 YEARS, R/O ANABURU-GOLLARAHATTI JAGALURU TALUK - 577 528 DAVANAGERE DISTRICT 15. SMT.SHAMEEM BHANU W/O DADAHULI AGED ABOUT 29 YEARS, R/O GOGUDDU VILLAGE, JAGALUR TALUK - 577 528 DAVANAGERE DISTRICT 16. SRI.SANNA PEEKA NAYAK S/O NARASIMHA NAIK AGED ABOUT 50 YEARS, R/O BYATAGARANAHALLI JAGALUR TALUK - 577 528 DAVANAGERE DISTRICT 17. SRI.G.P.GUDDAPPA S/O NEELAPPA AGED ABOUT 36 YEARS, R/O ANUBURU - GOLLARAHATTI JAGALUR TALUK - 577 528 DAVANAGERE DISTRICT 18. SRI G.M.SAYID S/O KARIM SAB AGED ABOUT 50 YEARS, R/O GOGUDDU VILLAGE, JAGALUR TALUK - 577 528 DAVANAGERE DISTRICT 19. SRI T GUDDAPPA S/O GIDDAPPA AGED ABOUT 60 YEARS, R/O ANUBURU, JAGALUR TALUK DAVANAGERE DISTRICT - 577 528 20. SMT.SHANTHAMMA W/O GUDDADA HANUMANTHAPPA AGED ABOUT 60 YEARS, R/O DODDABOMMANAHALLI JAGALUR TALUK-577 528 DAVANAGERE DISTRICT (BY SRI. S.S.MAHENDRA, AGA FOR R1 & R2, ... RESPONDENTS SRI. HARI A.V. & SRI.SIDDAPPA V.D., ADVS. FOR R4 – R20, R-3 SERVED) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 04/10/2018 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.27570/2018 ON IA NO.2/2018; CONSEQUENTLY, DISMISS IA NO.2/2018 FILED BY RESPONDENT NOS.4 TO 20 FOR VACATING STAY IN WP NO.27570/2018; RESTORE THE ORDER DATED 03/07/2018 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.27570/2018.
THIS WRIT APPEAL COMING ON FOR ORDERS, THIS DAY, NARAYANA SWAMY J., DELIVERED THE FOLLOWING:
O R D E R No confidence motion was challenged in the Writ Petition. By order dated 04th October, 2018 Interim order has been passed to the effect that “it is made clear that the result of the said meeting shall remain to the final result of the writ petition.” Against the same, writ appeal has been preferred. This court on 12th October, 2018 modified the interim order passed in the writ petition to the effect that the appellant is permitted to function as President on day-to-day basis but prevented from taking any decision having financial implications.
2. The respondents filed IA.II of 2018 praying to vacate the interim order.
3. Heard the learned counsel for the parties and gone through the application made to that effect. Since the Writ petition is pending, it is not appropriate for this court to dispose of this appeal on merit. Instead, we request the learned single judge to dispose of the matter at the earliest. With this observation, this appeal stands disposed of. Consequently, IA.II of 2018 also stands disposed of. It is made clear that till the disposal of the writ petition, the interim order granted on 12th October, 2018 in this appeal continues.
Sd/- JUDGE Sd/- JUDGE lnn