IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION NO.44128/2016 (GM-RES) BETWEEN:
SRI NARAYANAPPA RAMESH, S/O NARAYANAPPA, AGED ABOUT 46 YEARS, R/O. NO.1730, 18TH MAIN, 8TH CROSS, 2ND PHASE, J.P.NAGAR, BANGALORE – 560 078. …PETITIONER (BY SRI.C.M.DESAI, ADV.) AND:
1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPT. OF HORTICULTURE, M.S.BUILDING, BANGALORE – 560001.
2. THE DIRECTOR, DEPT. OF HORTICULTURE, LALBAGH, BANGALORE – 560 004.
3. THE JOINT DIRECTOR, (LAND SCAPE & FLORICULTURE DIVISION), DEPT. OF HORTICULTURE, LALBAGH, BANGALORE – 560 004.
4. THE DY.DIRECTOR, DEPT. OF HORTICULTURE, CUBBON PARK, BANGALORE – 560 001.
5. GANGU ENTERPRISES, REPT. BY ITS PROP: SRI M.SHEKHAR, NO.F-50, VASASNTHNAGAR, HESARAGHATTA, BANGALORE – 560 088. …RESPONDENTS (BY SRI.R.B.SATYANARAYAN SINGH, AGA FOR R1 TO R4, R5 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 21.06.2016 ISSUED BY R-4 AT ANNEXURE-M BY ISSUE WRIT OF CERTIORARI, AND DIRECT THE R-1 AND 4 TO CONTINUE THE INTERIM ORDER GRANTED ON 17.05.2016 IN APPEAL UNDER ANNEXURE-K AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner is before this Court assailing the order dated 21.06.2016 impugned at Annexure-M, whereby the Appellate Authority had vacated the interim order granted earlier without indicating any reasons.
2. This Court, while directing notice to the respondents on 19.08.2016 had granted the interim order, in effect staying the order passed by the Appellate Authority which had vacated the interim order. In that view, the parties were directed to maintain status-quo. The said order has been extended and is in operation till this date.
3. If that be the position, keeping in view the memo dated 22.02.2017, all that is necessary to be directed herein is that the Appellate Authority shall provide opportunity to the petitioner and consider the appeal in accordance with law. In that regard, all contentions are left open. Since, this Court had granted the interim order, the said order shall remain in force till the appeal is considered and disposed of by the Appellate Authority in accordance with law.
Petition is accordingly disposed of.
Sd/- JUDGE ST