IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 30th day of August, 2017 PRESENT:
THE HON’BLE MR SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR JUSTICE P S DINESH KUMAR WRIT APPEAL No.1580 OF 2017 (LR-RES) BETWEEN:
NAGARAJ S/O.RAJA RAO @ RAJAPPA AGED ABOUT 55 YEARS R/O.KEREBEERANNA HALLI HOLEHONNUR HOBLI BHADRAVATHI TALUK PIN CODE-577 301 ... APPELLANT (BY SHRI.R.GOPAL, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REVENUE DEPARTMENT VIKAS SOUDHA BANGALORE-560 001 BY ITS SECRETARY 2. THE LAND TRIBUNAL BHADRAVATHI REPRESENTED BY ITS CHAIRMAN PIN CODE-577 301 3. SRI.GADDIGESHWARA SWAMY TEMPLE ARAHATHOLALU VILLAGE REPRESENTED BY THE CONVENER OF TEMPLE COMMITTEE BHADRAVATHI TALUK SHIMOGA DISTRICT PIN CODE-577 301 ...RESPONDENTS (BY SHRI.VIVEK HOLLA, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT Nos.1 AND 2;
SHRI.A.S.MAHESHA, ADVOCATE FOR RESPONDENT No.3) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 15/2/17 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.1844/17 REJECTING THE INTERIM PRAYER FOR STAY SOUGHT FOR THEREIN & GRANT AN ORDER AS PRAYED FOR IN WP NO.1844/17.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE CHIEF JUSTICE DELIVERED THE FOLLOWING:-
J U D G M E N T Mr.Vivek Holla, learned High Court Government Pleader, accepts notice for the respondent Nos.1 and 2. Mr.A.S.Mahesha, learned advocate, accepts notice for the respondent No.3. Therefore, formal service of notice to the respondents is dispensed with.
2. This is an appeal against an order passed by the Hon’ble Single Judge refusing to pass an interim order during the pendency of the writ petition.
3. After hearing the learned advocates appearing for the parties and as the Land Tribunal has been directed to find out as to whether the petitioner was cultivating the land as a coolie or as a tenant, we feel that status quo as regards possession is to be maintained.
4. We, therefore, modify the order impugned and direct the parties to maintain status quo, as of today, in relation to the property-in-dispute, during the pendency of the writ petition.
5. We, however, request the Hon’ble Single Judge to expedite the matter as far as possible.
6. The appeal stands disposed of.
7. In view of the disposal of the appeal, I.A.1 of 2017 does not survive for consideration and, is, also disposed of.
8. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE Yn.