Karnataka High Court
Smt Sanjeevamma vs State Of Karnataka on 25 January, 2021
Author: B.V.Nagarathna And Uma
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JANUARY, 2021
PRESENT
THE HON'BLE MRS. JUSTICE B.V. NAGARATHNA
AND
THE HON'BLE MRS.JUSTICE M.G.UMA
WRIT APPEAL NO.553 OF 2020 (LB-RES)
BETWEEN:
1. SMT.SANJEEVAMMA
WIFE OF LATE ARCHAK SUBBADIXITH
AGED ABOUT 86 YEARS
AGRICULTURIST
2. SMT.PILLAMMA
WIFE OF LATE NARAYANAPPA @
NARAYANA GOWDA
AGED ABOUT 85 YEARS
AGRICULTURIST
3. SRI.G.NANJAPPA
SON OF LATE MUNISHAMAPPA
AGED ABOUT 86 YEARS
AGRICULTURIST
ALL THE PETITIONERS ARE
PERMANENT RESIDENTS OF
KARAHALLI VILLAGE
KUNDANA HOBLI
DEVANAHALLI TALUK
BENGALURU RURAL DISTRICT- 562 164.
... APPELLANTS
(BY SRI:PULAKESHI A.P., ADVOCATE (PH))
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AND:
1. STATE OF KARNATAKA
DEPARTMENT OF RURAL DEVELOPMENT
AND PANCHAYATH RAJ
M.S.BUILDING
BENGALURU-560 001.
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
2. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYATH
BENGALURU RURAL DISTRICT-562 110.
3. THE PANCHAYATH DEVELOPMENT OFFICER
KARAHALLI GRAMA PANCHAYATH
KUNDANA HOBLI
DEVANAHALLI TALUK
BENGALURU RURAL DISTRICT-562 164.
4. NORTH LAND HOLDINGS COMPANY
PRIVATE LIMITED
A COMPANY UNDER THE COMPANIES ACT, 2013
HAVING ITS REGISTERED OFFICE AT:
PRESTIGE FALCON TOWER
NO.19, BRUNTON ROAD
ASHOK NAGAR
BENGALURU-560 025.
REPRESENTED BY ITS
AUTHORIZED SIGNATORY /
EXECUTIVE DIRECTOR-LEGAL.
...RESPONDENTS
(BY SMT:VANI H., AGA FOR R1 (PH);
SRI: M.S.DEVARAJU, ADVOCATE FOR R2-R3 (PH);
R4-SERVED)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER DATED 13/10/2020 PASSED BY THE HON'BLE SINGLE
JUDGE ON IA NO.1 OF 2020 IN WP NOS.34736-738 OF 2019
(LB-RES).
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THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY,
NAGARATHNA, J., DELIVERED THE FOLLOWING:
JUDGMENT
Though this writ appeal is listed for orders, with the
consent of learned counsel on both sides, it is heard finally.
2. This intra-court appeal is directed against order
dated 13/10/2020 passed by the learned Single Judge on
IA.1 of 2020 in Writ Petition Nos.34736-738 of 2019. In
those writ petitions, the petitioners have assailed order
dated 17/07/2019 passed by respondent No.1 herein
(Annexure-A). Initially by order dated 16/08/2019,
Annexure-A was stayed by the learned Single Judge for a
period of eight weeks. Subsequently, on 13/10/2020, the
stay was vacated. Being aggrieved, the writ petitioners
have preferred this appeal.
3. We have heard Sri.A.P.Pulakeshi, learned
counsel for the appellants, Smt.H.Vani, learned Additional
Government Advocate for respondent No.1 and
Sri.M.S.Devaraju, learned counsel for respondent Nos.2
and 3. Respondent No.4 is served and unrepresented.
4. Initially, the learned Single Judge had granted
stay of order impugned in the writ petition dated
17/07/2019 (Annexure-A) and subsequently, stay was
vacated. In this appeal, by order dated 27/11/2020,
vacating of the interim order dated 13/10/2020 has been
stayed until further orders. We think it proper to continue
the stay of the impugned order as well to continue the stay
of Annexure-A dated 17/07/2019, pending disposal of the
writ petitions.
5. Hence, the appeal is disposed in the aforesaid
terms.
It is needless to observe that the writ petitions shall
be disposed of in accordance with law.
At this stage, learned counsel for the appellants
submit that re-joinder to the statement of objection filed
by respondent No.4 is yet to be filed.
If the writ petitioners are advised to file re-joinder to
the statement of objections filed by respondent No.4
herein, permission may be sought from the learned Single
Judge to do so and the same may be filed.
In view of the disposal of the appeal, IA.1 of 2020
filed for stay stands disposed in the aforesaid terms.
Sd/-
JUDGE
Sd/-
JUDGE
*bgn/-
