IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.58574/2017 (CS – RES) BETWEEN:
1. KUDUR SILK HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LIMITED, KUDUR, KUDUR HOBLI MAGADI TALUK RAMANAGARA DISTRICT-562160 REP BY ITS SECRETARY 2. SRI K.H.PUTTARAJU S/O LATE D.HONNASIDAPPA AGED ABOUT 60 YEARS, PRESIDENT OF KUDUR SILK HAND WEAVERS CO-OPERATIVE SOCIETY LIMITED KURUR, R/AT GURUKULA SCHOOL ROAD KUDUR, MAGADI TALUK RAMANAGARA DISTRICT-562160 3. SRI S.SOMESH S/O K.B.SHIVANNA AGED ABOUT 50 YEARS, R/AT BEHIND ANJANEYA TEMPLE KUDUR, MAGADI TALUK RAMANAGARA DISTRICT-562160 4. SRI K.R.JAYARAM S/O LATE K.A.RANGANNA AGED ABOUT 55 YEARS, R/AT KOTE BEEDHI KUDUR, MAGADI TALUK RAMANAGARA DISTRICT-562160 5. MEENKASHAMMA W/O K.B.BALARAJU AGED ABOUT 55 YEARS, R/AT NEAR ANJANEYA SWAMY TEMPLE KUDUR, MAGADI TALUK RAMANAGARA DISTRICT-562160 6. SRI K.C.GANGAPPA AGED ABOUT 62 YEARS, R/AT MARUTHI NAGARA TUMKUR ROAD, KUDUR, MAGADI TALUK RAMANAGARA DISTRICT-562160 ... PETITIONERS [BY SRI BHOJARAJA, ADV.] AND:
1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES RAMANAGARA DIVISION RAMANAGARAM-562159 2. SRI K.T.NARASIMHA MURTHY S/O LATE THIMMASHETTAPPA Ex. SECRETARY KUDUR SILK HAND WEAVERS CO-OPERATIVE SOCIETY LIMITED R/AT RAMAMANDIRA ROAD KUDUR, KUDUR HOBLI RAMANAGARA DISTRICT-561101 …RESPONDENTS [BY SRI A.K.VASANTH, AGA FOR R-1; SRI M.NANDEESHA, ADV. FOR R-2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDERS ON INTERIM APPLICATION NO.II DATED 22.11.2017, IN APPEAL NO.244/2017, PENDING BEFORE THE HON'BLE KARNATAKA APPELLATE TRIBUNAL AT ANNEX-S, BY ALLOWING THE INTERIM APPLICATION NO.II FILED UNDER REGULATION 13 OF THE KARNATAKA APPELLATE TRIBUNAL REGULATIONS.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R With the consent of the learned counsel appearing for the parties, the matter is disposed of at this stage itself.
2. Petitioners are before this Court being aggrieved by the rejection of the Interim Application No.2 filed by them seeking interim order of stay of the order passed by the respondent No.1, whereby the proceedings initiated by the respondent No.2 has been allowed setting aside the order of dismissal of the respondent No.2 from service and directing to reinstate the respondent No.2 with all consequential benefits.
3. This Court on analyzing the matter, granted an interim order on 08.01.2018 staying the order of the respondent No.1 dated 05.05.2017 (Annexure-P to the writ petition) challenged before the Karnataka Appellate Tribunal (‘KAT’ for short).
3. It is submitted by the learned counsel for the parties that the matter is listed today for hearing awaiting the Lower Court Records.
4. In view of the pendency of the appeal before the KAT for adjudication, the proceedings cannot be stalled subsequent to the interim order passed by this Court and that is not the intent of the interim order also.
5. Learned counsel for the parties have no objections to dispose of the writ petition with a direction to the KAT to consider the matter on merits and take a decision in accordance with law. However, learned counsel for the petitioner requests that the order impugned cannot be implemented and interim order granted by this Court shall be continued until disposal of the appeal before the KAT.
6. Having regard to the facts and circumstances of the case, as aforesaid, this Court deems it appropriate to dispose of the matter with a direction to the KAT to consider the appeal in an expedite manner and take a decision in accordance with law, preferably within a period of four months from the date of receipt of the certified copy of the order and till the final decision is taken, no precipitative action shall be initiated by the respondents to implement the order challenged i.e., the order passed by the respondent No.1 dated 05.05.2017. All contentions of the parties are left open. Ordered accordingly.
Writ petition stands disposed of in terms of the above.
In view of disposal of the writ petition, I.A.No.1/2018 for vacating stay does not survive for consideration and the same stands disposed of .
PMR Sd/- JUDGE