IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.2189/2019 (SCST) Between:
Sri B. Ramesh, Aged about 49 years, S/o Sri Boraiah, No.30, 6th Cross, Agrahara Dasarahalli, Bangalore – 560 079.1. ... Petitioner (By Sri M.R. Nagabhushan, Advocate) And:
1. The Deputy Commissioner, Bangalore District, K.G. Road, Bangalore – 560 001.
2. The Assistant Commissioner, Bangalore North Sub-Division, Kandaya Bhavan, K.G. Road, Bangalore – 560 001.
3. The Tahasildar, Bangalore North Taluk, Kandaya Bhavan, K.G. Road, Bangalore – 560 001.
4. Sri Suresh, Aged about 36 years, S/o Mallaiah, 5. Sri Mylarappa, Aged about 60 years, S/o Late Lingamaraiah.
6. Sri Krishnappa, Aged about 55 years, S/o Sri Mylarappa.
Respondent Nos.4 to 6 are Residing at Machohalli Village, Dasanapura Hobli, Bangalore North Taluk – 562 130.
7. Sri Srinivas B.K., Aged about 54 years, S/o Kale Rangaiah, No.115, 5th Cross Road, Saraswathipura, Nandhini Extension, Bangalore – 560 096. ... Respondents (By Smt. Savithramma, HCGP for R-1 to R-3;
Notice to R-4 to R-7 dispensed with v/o dated 25.02.2019) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct to the respondent No.1 to dispose of the SC, ST, (P.T.C.L.) appeal No.30/2013-14 vide Annexure-E-C pending on the file of respondent No.1, etc.
This Writ Petition coming on for preliminary hearing in ‘B’ Group, this day, the Court made the following:
O R D E R The petitioner who claims to be the purchaser of property which is a portion of survey No. 83 (old) New No.99 measuring 2 acre 01 gunta situated at Machohalli Village, Dasanapura Hobli, Bengaluru North Taluk has filed the petition and has sought for issuance of a writ in the nature of mandamus directing the first respondent to dispose of the appeal filed by the petitioner.
2. The petitioner states that the application filed on behalf of the grantees came to be allowed by the Assistant Commissioner and the same has been challenged in appeal before the Deputy Commissioner. The petitioner states that the appeal has been filed in the year 2013 and till date, the proceedings have been protracted and there has been no finality to the proceedings thus far. The petitioner further states that the delay seriously prejudices his right for an expeditious disposal in light of rights to his property been involved.
3. Learned HCGP appearing for the State states upon instructions that the appeal would be disposed of within a period not later than four months from today.
4. Taking note of the said submission made on instructions, the petition is disposed of directing respondent No.1 to dispose of appeal in SC.ST.(P.T.C.L.) Appeal No.30/2013-14, within a period not later than four months from today.
Sd/- JUDGE RS/* ct:mhp