IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR. JUSTICE ARAVIND KUMAR WRIT PETITION NO.43855 OF 2019 (KLR-RES) BETWEEN:
T.P.BHEEMAIAH S/O.LATE PONNAPPA AGED ABOUT 59 YEARS MAKKANDOOR VILLAGE AND POST MADIKERI TALUK KODAGU DISTRICT-571 201 ... PETITIONER (BY SRI VIGHNESHWAR S. SHASTRI, ADVOCATE) AND:
1. THE DEPUTY COMMISSIONER KODAGU MADIKERI DISTRICT-571 201 2. THE ASSISTANT COMMISSIONER MADIKERI TALUK KODAGU DISTRICT-571 201 3. THE LAND GRANT COMMITTEE MADIKERI TALUK KODAGU DISTRICT-571 201 REP. BY ITS SECRETARY ... RESPONDENTS (BY SRI Y.D.HARSHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE FIRST RESPONDENT-DEPUTY COMMISSIONER, KODAGU DISTRICT, MADIKERI TO DECIDE THE APPEAL NO.RA/40/2016-
17 (MEMORANDUM OF APPEAL NO.RA 40/2016-17 AT ANNEXURE-B) FILED BY THE PETITIONER AS EXPEDITIOUSLY AS POSSIBLE WITHIN AN OUTER LIMIT OF THREE MONTHS.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The only prayer sought for in the present writ petition is for a direction to first respondent-Deputy Commissioner, Kodagu District, Madikeri to dispose of the appeal RA.No.40/2016-17 expeditiously within an outer limit of three months.
2. Having regard to the fact that dispute in question relates to grant of land by virtue of an application filed under Form No.50 by petitioner and said proceedings are now pending before Deputy Commissioner is second round of litigation, it would suffice, if a direction is issued to the appellate authority namely, first respondent herein to dispose of aforesaid appeal within a time frame.
Hence, the following:
ORDER i) Writ Petition is allowed.
ii) A writ of mandamus is issued to first respondent to dispose of appeal RA.No.40/2016-17 expeditiously at any rate within four months from the date of receipt of a copy of this order.
SD/- JUDGE LB