IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 26TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE M.NAGAPRASANNA WRIT APPEAL NOS.81-84 OF 2015 (LB-BMP) BETWEEN:
1. MR. S.S. TINAIKAR, BRIGADIER ESTATE OFFICER, ARMY STATION, HQ KARNATAKA AND KERALA, CUBBON ROAD, BENGALURU-560 001.
2. COL "Q" HQ KARNATAKA AND KERALA SUB-AREA, CUBBON ROAD, BENGALURU-560 001.
3. COMMANDANT ASC CENTRE AND COLLEGE, OLD AIRPORT ROAD, BENGALURU-560 071.
4. COL. ADMINISTRATION ARMY SERVICE CORPS, ASC CENTRE AND COLLEGE, OLD AIRPORT ROAD, BANGALORE-560 071.
(BY SRI C. SHASHIKANTHA, ASG) AND:
...APPELLANTS 1. GOLF LINKS SOFTWARE PARK PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.16, ST. MARKS ROAD, BENGALURU-560 001.
2. BRUHAT BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE, N.R. SQUARE, BENGALURU-560 002, REPRESENTED BY ITS COMMISSIONER.
3. JOINT COMMISSIONER (EAST ZONE) BRUHAT BENGALURU MAHANAGARA PALIKE, HAVING OFFICE AT: MAYOHALL, BENGALURU-560 001.
4. DEPUTY COMMISSIONER BURHAT BENGALURU MAHANAGARA PALIKE, MAHADEVAPURA, WHITEFIELD MAIN ROAD, BENGALURU-560 048.
5. REVENUE OFFICER BRUHAT BENGALURU MAHANAGARA PALIKE, MAHADEVAPURA, WHITEFIELD MAIN ROAD, BENGALURU-560 048.
6. EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE, MAHADEVAPURA DIVISION, WHITEFIELD MAIN ROAD, BENGALURU-560 048.
(BY SRI KEMPEGOWDA, ADVOCATE FOR …RESPONDENTS SRI ANOOP S. SHAH, ADVOCATE FOR R-1;
R-2 TO R-6 ARE SERVED AND UNREPRESENTED) THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE IMPUGNED AD INTERIM ORDER DATED 5.12.2014 MADE BY LEARNED SINGLE JUDGE IN WRIT PETITION NO.52618 OF 2014 (LB-BMP), IN THE INTEREST OF JUSTICE.
***** THESE WRIT APPEALS COMING ON FOR FINAL HEARING THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the interim order dated 05.12.2014, passed in Writ Petition No.52618 of 2014, by the learned Single Judge, permitting the respondent-defence establishment to comply with its obligations under the two agreements, etc., respondent Nos.6, 7, 8 and 9 have filed these appeals.
2. By the order dated 06.09.2016, the impugned order of the learned Single Judge was stayed. The Estate Officer was authorized to proceed with the proceedings under the Public Premises (Eviction of Unauthorised Occupation) Act 1971. It is presently submitted that for the last five years, the interim order has continued and no efforts are made by the respondent to vacate the same. Since the writ petition is still pending adjudication and in view of the interim order not being vacated ever since September 2016, writ petition may be considered for hearing finally.
3. The learned counsel for the respondents disputes the said submission.
4. On hearing learned counsels, we are of the considered view that appropriate interference is called for. The rights of the parties are necessarily to be contested before the learned Single Judge. The interim order being granted, has not been vacated till date and not even an application is made to vacate the same. Therefore, we find it expedient not to proceed further in the matter. It is suffice to hold that the rights of the parties shall be agitated before the learned Single Judge.
5. Hence, the appeals are allowed. The order dated 05.12.2014, passed in Writ Petition No.52618 of 2014, by the learned Single Judge is set-aside. The interim order granted by this court on 06.09.2016, shall continue till the disposal of the writ appeals. In view of the long pendency of the matter, the learned Single Judge is requested to dispose off the matter as expeditiously as possible.
Sd/- JUDGE Sd/- JUDGE JJ/-