IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO.142 OF 2019 BETWEEN:
SRI. SANNATHIPPAIAH S/O LATE DODDA DURGAPPA AGED 78 YEARS AGRICULTURIST R/O SULTHANIPURA VILLAGE TURAVANUR HOBLI CHITRADURGA TALUK AND DISTRICT – 577 501 (BY SRI.MANMOHAN P.N., ADVOCATE) ... APPELLANT AND:
1. STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S.BUILDING BENGALURU – 560 001 REPRESENTED BY ITS SECRETARY 2. THE ASSISTANT DIRECTOR DEPARTMENT OF SURVEY AND LAND RECORDS OFFICE OF THE DEPUTY COMMISSIONER CHITRADURGA, CHITRADURGA DISTRICT – 577 501 3. THE SURVEYOR DEPARTMENT OF SURVEYOR AND LAND RECORDS CHITRADURGA, CHITRADURGA DISTRICT – 577 501 ... RESPONDENTS (BY SRI.Y.H.VIJAY KUMAR, PRL. GOVERNMENT ADVOCATE) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 21.01.2019 PASSED BY THE LEARNED SINGLE JUDGE PASSED IN WRIT PETITION NO.1771/2019 INSOFAR AS DECLINING TO GRANT INTERIM RELIEF AND CONSEQUENTLY GRANT INTERIM PRAYER AS PRAYED FOR AND ETC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT The petitioner/appellant had filed the writ petition, being W.P.No.1771/2019, seeking a writ of mandamus directing the respondents to refrain from dispossessing the petitioner from the schedule property with a similar prayer for interim order.
2. Learned counsel for the petitioner/appellant submits that the learned Single Judge has declined to grant any interim order on 21.01.2019.
3. We have heard learned counsel for the parties and gone through the papers.
4. Learned Single Judge has issued notice to the respondents even with regard to interim relief. When the learned Single Judge has not rejected the interim prayer, the question of interference or granting any interim order in this writ appeal does not arise.
5. In the circumstances, liberty is reserved to the petitioner/appellant to make necessary application seeking interim prayer before the learned Single Judge and on filing of such application, it is for the learned Single Judge to pass appropriate orders.
6. With these observations, the writ appeal stands disposed of.
7. The pending interlocutory application also stands disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE AHB