IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA WRIT PETITION Nos.8558-8559/2012 (GM-CC) BETWEEN:
SRI PALAKSHAYYA S/O SHIVAMURTHAYYA HIREMATH AGED ABOUT 58 YEARS OCC: DISTRICT AND SESSIONS JUDGE ANEKAL, BANGALORE RURAL DISTRICT, R/O NO 2082, I MAIN 4TH CROSS, JUDICIAL LAYOUT, YELAHANKA, BANGALORE-64.
... PETITIONER (BY SRI. HANUMANTHA REDDY SAHUKAR, ADV.) AND:
1. THE COMMISSIONER AND APPELLATE AUTHORITY, SOCIAL WELFARE DEPARTMENT M S BUILDING, BANGALORE -01 2. SRI SHANKARAPPA S/O DUNDAIAH AGED ABOUT 49 YEARS R/O NO 284, 3RD MAIN ROAD, JAGAJYOTHI LAYOUT NAGADEVANAHALLI JNANA BHARATHI POST BANGALORE- 56 3. SRI R VEERABHADRAIAH S/O LATE RUDRAIAH AGED ABOUT 49 YEARS R/O NO 5, MSKS BUILDING, SIRURU PARK ROAD, SESHADRIPURAM BANGALORE 20 (BY SRI. C JAGADEESH, SPL.GA. FOR R1 SRI. L RAMESH, ADV. FOR R2 & 3 NOTICE TO R2 H/S V/O DT:04/06/2014) ... RESPONDENTS THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE ORDER DTD.03.03.12 IN APPEAL NO.9/11-12 AND APPEAL NO.10/11-12 PASSED BY THE R1 VIDE ANNEX-E AND F RESPECTIVELY. AND PASS THE ORDER HOLDING THAT THE APPEAL NO.9/11-12 AND APPEAL NO.10/11-12 FILED BY THE R2 AND R3 ARE NOT MAINTAINABLE.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is before this Court assailing the order dated 03.03.2012 passed in Appeal Nos.9/2011-12 and 10/2011-12.
2. Heard the learned counsel for the parties.
3. A perusal of the order impugned would disclose that the Appellate Authority has passed the order with regard to maintainability of the appeal. The merit of the rival contentions is yet to be considered. In that circumstance, it is appropriate that the petitioner contests the case on merits before the Appellate Authority by reserving their right to assail the question with regard to maintainability also, if the appeal is ultimately decided against the petitioner herein on merits.
Therefore leaving open the contention with regard to maintainability of the proceedings before the Appellate Authority, to be urged at a later stage, these petitions are disposed of with such liberty.
Sd/- JUDGE hrp/bms