IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.50702/2019 (LB-RES) Between:
K.S. Ashok, S/o S.K. Srinivasa, Aged about 43 years, CL-9 Licensee, Prajwal Bar and Restaurant, No.182/1, Naganahalli, Mysore Bengaluru Road, Mysore Taluk, Mysore District – 570 003. … Petitioner (By Sri. G.K. Bhat, Advocate) And:
Naganahalli Grama Panchayath, Naganahalli Village, Mysore Taluk, Mysore District – 570 003 Represented by Panchayath Development Officer. … Respondent This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the endorsement dated 12.09.2019 issued by the respondent as per Annexure-J and etc.
This Writ Petition coming on for preliminary hearing this day, the Court, made the following:
ORDER Petitioner has challenged the endorsement at Annexure-J and submits that pursuant to the direction of this Court in W.P.No.8546/2016, petitioner has made a representation at Annexure-H and the impugned endorsement at Annexure-J has been passed rejecting the application of the petitioner.
2. It is noticed that the petitioner is entitled to challenge the endorsement at Annexure-J by way of an appeal under Section 269 of the Karnataka (Gram Swaraj and Panchayat Raj) Act. In light of availability of appellate remedy, the petition is disposed off as requiring no further orders reserving liberty to the petitioner to challenge the impugned endorsement, if so advised before the appropriate authority. However, the endorsement at Annexure-J is to be kept in abeyance for a period of six weeks.
The appellate authority to consider the request for interim prayer if an appeal is filed, in an expeditious manner. The appellate authority is to take note of the pendency of the writ petition before this Court while considering the aspect of condonation of delay.
Sd/- JUDGE VP