IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT APPEAL NO.998 OF 2018 (LA-RES) BETWEEN:
NARAYANA GOWDA S/O. SONNE GOWDA AGED ABOUT 64 YEARS R/AT ARABIKOTHANURU VILLAGE VAKKALERI HOBLI, KOLAR TALUK KOLAR – 563 101 (BY SRI M.SHIVAPRAKASH, ADVOCATE) AND:
1. THE UNDER SECRETARY DEPARTMENT OF REVENUE (LAND ACQUISITION-2 AND REHABILITATION) VIDHANA SOUDHA BANGALORE – 560001 2. THE DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR – 563101 3. THE ASSISTANT COMMISSIONER/ LAND ACQUISITION OFFICER ...APPELLANT KOLAR SUB DIVISION KOLAR – 563 101 4. THE TAHASILDAR KOLAR TALUK KOLAR-563 101 ... RESPONDENTS (BY SRI S.S.MAHENDRA, AGA FOR R1 TO R4; SRI M.NARAYANA BHAT, ADVOCATE FOR IMPLEADING APPLICANT AS R5) ---
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER PASSED ON IA NO.1/2017 IN WP NO.49750/2016 DATED 22/02/2018 ON THE FILE OF LEARNED SINGLE JUDGE, CONSEQUENTLY TO CONFIRM THE INTERIM ORDER IN SO FAR AS THE APPELLANT IS CONCERNED.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, P.S. DINESH KUMAR J, DELIVERED THE FOLLOWING:
JUDGMENT Shri. M. Shivaprakash., learned advocate for the appellant, learned Additional Government Advocate for the respondents and learned advocate for impleading applicant jointly submit that this appeal may be disposed of by granting liberty to the appellant to move Hon’ble Single Judge seeking early disposal of writ petition with a direction to the parties to maintain status-quo regarding possession.
2. Recording their submission, we dispose of this writ appeal granting liberty to the appellant to move the Hon’ble Single Judge for early disposal of the writ petition or modification of interim order.
3. In the meanwhile, parties shall maintain status quo regarding possession over the subject property.
In view of disposal of the appeal, I.A.Nos.1/2018, 2/2018 and 1/2019 do not survive for consideration and accordingly the same stand disposed of.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE HJ