IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.997 OF 2018 (GM-RES) BETWEEN:
THE SECRETARY SHRI YADUSHAILA EDUCATION SOCIETY (R) MELUKOTE, PADAVAPURA TALUK MANDYA DISTRICT – 571 434 REPRESENTED BY ITS SECRETARY SRI K.B.NARASIMHEGOWDA … PETITIONER (BY SRI GOVINDARAJ K., ADVOCATE) AND:
1. THE COMMISSIONER THE KARNATAKA INFORMATION COMMISSION COURT HALL NO.2 OPP. VIDHANA SOUDHA WEST GATE NO.2 2ND FLOOR, MAHITHI SOUDHA BANGALORE – 560 001 2. FIRST APPELLATE AUTHORITY AND BLOCK EDUCATION OFFICER PANDAVAPURA TALUK MANDYA DISTRICT 3. SRI M.MARIYAPPA RETIRED TEACHER NO.241, TIRUNAKSHATRA BEEDI MELUKOTE MANDYA DISTRICT – 571 431 … RESPONDENTS (BY SRI RAJASHEKHAR K., ADVOCATE FOR R1; SRI B.BALAKRISHNA, AGA FOR R2;
SRI GANAPATHI, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY R-1 IN PROCEEDINGS DATED 25.10.2017 AS PER ANNEXURE –F.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
No.1.
O R D E R Sri.Govindaraj.K., learned Counsel for the petitioner. Sri.Rajashekar.K., learned Counsel for respondent Sri.B.Balakrishna, learned Additional Government Advocate for respondent No.2.
None for respondent No.3.
2. The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner interalia is seeking a writ of certiorari for quashing the order dated 25.10.2017 passed by the State Information Commission.
4. When the matter was taken up today, learned Counsel for the parties fairly submitted that this Court by an ad-interim order dated 18.1.2018 has stayed the operation of the impugned order dated 25.10.2017 and the interim order is still in force. Therefore, the writ petition be disposed of with a direction to the State Information Commission to decide the appeal in a time bound manner and till then the interim order be continued.
5. In view of the submission made and in the facts of the case, the writ petition is disposed of with a direction to the State Information Commission to decide the appeal preferred by respondent No.3 after hearing the parties by a speaking order within a period of two months from today. Till then, ad-interim order granted by this Court vide order dated 18.01.2018 shall continue. It is made clear that this order will not in any manner decide the merits of the claim of the parties.
Accordingly, the petition is disposed of.
Sd/- JUDGE KNM/-