IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 15TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR.JUSTICE S G PANDIT WRIT APPEAL NOS.2801 - 2806 OF 2018 (KVOA) BETWEEN:
Sri B. Gopal S/o Late Thimmaraya alias Biya, Aged about 59 years, R/at Channakal Village, Malur Taluk-563 130, Kolar District.
... Appellant (By Sri. D. N. Nanjunda Reddy, Senior Counsel for Sri. Reuben Jacob, Advocate for Appellant) AND:
1. The Tahsildhar Anekal Taluk, Anekal – 562106.
2. Mrs. Asha Parveen W/o Not known to the petitioner, Major in Age, No.20, 7th Cross, JC Nagara, Nandini Layout, Bengaluru – 560 096.
3. Sombamma D/o late Munithimmaiah, W/o late Ramaiah, Aged about 66 years 4. Jayalakshmamma D/o late Ramaiah, Aged about 46 years 5. Rajappa S/o late Ramaiah, Aged about 44 years 6. Manjulamma D/o late Ramaiah, Aged about 42 years 7. Papanna S/o late Ramaiah, Aged about 40 years 8. Muniraju S/o late Ramaiah, Aged about 35 years Respondent Nos. 3 to 8 all are Residing at Kudlu Village, Sarjapura Hobli, Anekal Taluk-560 068, Bangalore Urban District.
… Respondents (By Sri S.S. Mahendra, AGA for Respondent No.1;
Sri A.G. Shivanna, Advocate for Respondent Nos.3 to 8; Respondent No.2 - service awaited) These Writ Appeals are filed under Section 4 of the Karnataka High Courts Act, praying to set aside the order dated 10.09.2018 passed in Writ Petition No. 23823 of 2018 and 23846-850 of 2018, whereby the interim stay granted as per order dated 01.06.2018 has been vacated and pass an order restoring the interim stay granted as per order dated 01.06.2018 passed in W.P. No. 23823 of 2018 and 23846-850 of 2018, during the pendency of the said Writ Petition.
These Writ Appeals, coming on for orders, this day, RAVI MALIMATH., J, delivered the following:
J U D G M E N T These appeals are filed by the writ petitioner being aggrieved by the order dated 10.09.2018 passed by the learned Single Judge on I.A.No.1 of 2018 in W.P.No.23823 of 2018 and W.P.Nos.23846-23850 of 2018 in allowing the same and setting aside the interim order granted in favour of the writ petitioner.
2. It is contended by the learned counsel for the respondents that not only alienation but even the appellant / petitioner is attempting to change the nature of the land.
3. Learned counsel for the appellant contends that the nature of the land would not be changed without permission of the learned Single Judge. He further undertakes not to alienate the properties in question, subject to further orders to be passed by the learned Single Judge in the aforesaid writ petitions.
4. In view of the submissions made, writ appeals are disposed off by recording the undertaking.
5. Consequently, the interim order granted by the learned Single Judge on 1.6.2018 shall stand revived and shall continue till the disposal of the writ petitions, subject to the aforesaid undertakings by the appellant. Appeals stand disposed off.
Pending I.As stand dismissed.
SD/- SD/-
JUDGE JUDGE KS