IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.15904 OF 2019 (GM-RES) BETWEEN:
THE HIVELOOP LOGISTICS PVT. LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, REGISTERED OFFICE AT:
#1090/O, MUNICIPAL NO.1580/1090/0, 17TH MAIN, SECTOR 3, HSR LAYOUT, BENGALURU-560 102, REPRESENTED BY ITS DIRECTOR, SRI. LOKESH RAJPAL.
(BY SRI C.V. NAGESH, SR. COUNSEL FOR SRI SANDEEP PATIL, ADVOCATE) AND :
1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001, ... PETITIONER REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. THE DEPARTMENT OF AGRICULTURAL MARKETING NO.16/11, RAJ BHAVAN ROAD, BENGALURU-560 001, REPRESENTED BY ITS SECRETARY.
3. THE ADDITIONAL DIRECTOR (ADMINISTRATION) DEPARTMENT OF AGRICULTURAL MARKETING, NO.16/11, RAJ BHAVAN ROAD, BENGALURU-560 001, 4. THE AGRICULTURAL PRODUCTS MARKETING COMMITTEE REPRESENTED BY ITS SECRETARY, YESHWANTHPURA, TUMKUR ROAD, BENGALURU-560 022.
... RESPONDENTS (BY SRI Y.D. HARSHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRYAING TO DIRECT THE R.1 APPELLATE AUTHORITY TO ADJUDICATE THE PENDING UNNUMBERED APPEAL FILED BY THE PETITIONER COMPANY CHALLENGING THE ORDER DATED 18.3.2019 PASSED BY R.3 EXPEDITIOUSLY IN A TIME BOUND PERIOD AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri C.V. Nagesh, leaned Senior counsel along with Sri.Sandeep Patil , learned counsel for the petitioner and Sri Y.D. Harsha, learned Additional Government Advocate for the respondents.
Petition is admitted for hearing. With the consent of both the parties, the same is heard finally.
2. In this petition, petitioner inter alia seeks for a direction to the respondent No.1 – Appellate Authority to adjudicate the pending unnumbered appeal filed by the petitioner by a speaking order in a time bound period.
3. When the matters are taken up today, learned counsel for the petitioner submits that aggrieved by the order dated 18.03.2019 passed by respondent No.3, the petitioner has filed an appeal before the Appellate Court and the Appellate Court be directed to decide the appeal by a speaking order in a time bound period.
4. Sri Y.D. Harsha, learned counsel Additional Government Advocate submits that suitable action in accordance with law shall be taken.
5. In view of the aforesaid submission and in the facts of the case, the writ petition is disposed of with a direction to the Appellate Authority to decide the appeal preferred by the petitioner by a speaking order within a period of one month and shall also decide the application for stay filed by the petitioner within a period of three days from the date of receipt of certified copy of the order passed today. It is made clear that this Court has not expressed any opinion on merits of the case.
Sd/- JUDGE SA