IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR WRIT PETITION NO.28559/2019 (SC ST) BETWEEN RAMAPPA S/O LATE VENKATAPPA, AGED ABOUT 56 YEARS, R/AT NAREPALLI VILLAGE, KASABA HOBLI, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT.
(BY SRI CHETHAN A C, ADV.) AND 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY REVENUE, VIDHANA SOUDHA BENGALURU-560001.
2. THE DEPUTY COMMISSIONER CHIKKABALLAPUR DISTRICT SIDLAGHATTA ROAD, CHIKKABALLAPURA-562101.
3. THE ASSISTANT COMMISSIONER CHIKKABALLAPURA SUB DIVISION, CHIKKABALLAPURA-562101.
4. THE TAHSILDAR, BAGEPALLI TALUK, CHIKKABALLAPUR DISTRICT-562101.
... PETITIONER 5. A NANJUNDAPPA S/O LATE VADDARA ANJINAPPA AGED ABOUT 59 YEARS, 6. SMT. ESHWARAMMA W/O LATE ASHWATHAPPA DAUGHTER IN LAW OF LATE VADDARA ANJINAPPA MAJOR IN AGE 7. SHRI N A VENKATARAMAPPA S/O LATE VADDARA ANJINAPPA AGED ABOUT 46 YEARS, 8. N A RAMAPPA S/O LATE VADDARA ANJINAPPA AGED ABOUT 43 YEARS 9. SMT N A RAMALAKSHMAMMA W/O LAKSHMAN D/O LATE VADDARA ANJINAPPA AGED ABOUT 41 YEARS, 10. N A NARAYANAPPA MAJOR IN AGE S/O LATE VADDARA ANJINAPPA RESPONDENTS-5 TO 10 ARE R/AT NAREPALLI VILLAGE, KASABA HOBLI, BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT-562101.
... RESPONDENTS (BY SMT. SAVITHRAMMA, HCGP FOR R1 TO R4.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER OF THE R-3 DATED 9.10.2017 IN PTCL:(B) 109/2009-10 ANNEXURE-B ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner.
Learned High Court Govt. Pleader accepts notice on behalf of respondent Nos.1 to 4.
2. Learned High Court Govt. Pleader would submit that the proceedings are pending before the second respondent and hence, the instant writ petition is pre- mature.
3. Learned counsel for the petitioner would submit that the second respondent has not granted any interim relief and in that view of the matter taking advantage of the situation, the private respondents are attempting to forcibly dispossess the petitioner in view of the orders passed by the Assistant Commissioner.
4. Be that as it may, learned High Court Govt.
Pleader is right in contending that the petition is pre- mature. But ends of justice requires that the interest of the petitioner also requires to be protected till such time the statutory appeal preferred by the petitioner is disposed off in a manner known to law. Hence, writ petition is disposed off as being pre-mature but with a direction to the second respondent to consider and dispose off the appeal registered as RA/SC-ST/20/2017-18 as expeditiously as possible at any rate within an outer limit of six months from the date of receipt of a certified copy of this order. Till the disposal of the appeal, the respondents shall not attempt to dispossess the petitioner.
The writ petition is ordered accordingly. No costs.
Sd/- JUDGE Chs* CT-HR