Karnataka High Court
Shri Shirishmahavirpatil vs Karnataka Appellate Tribunal on 14 June, 2022
Bench: N S Gowda
WP 10697/2022
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JUNE 2022
BEFORE
THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA
W.P.No.10697/2022 (KLR-RES)
BETWEEN:
Shri ShirishMahavirPatil,
Aged 65 years,
S/o Mahavir B Patil,
B333, 3rd Floor,
Royal Pyramid Residency,
Jadhav Nagar,
Belagavi - 590 019. ... PETITIONER
(By Sri Shashikiran Shetty, Sr. Counsel for
Sri Kiran J., Adv.)
AND:
1. Karnataka Appellate Tribunal,
M.S.Building,
Represented by its
Registrar,
Bengaluru - 560 001.
2. Assistant Commissioner,
Tumkuru District,
Tumkuru - 572 101.
3. Deputy Commissioner,
Tumkuru District,
Tumkuru - 572 101. ... RESPONDENTS
(By Sri R.Srinivasa Gowda, AGA)
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2
This writ petition is filed under Articles 226 & 227 of the
Constitution of India, praying to quash the endorsement
dated 25.02.2022 passed by R1 at Annexure-A & etc.
This petition coming on for Orders, this day, the Court
made the following:
ORDER
1. The Karnataka Appellate Tribunal (for short,
'KAT') comprising of the Chairman and the Judicial Member
heard an appeal. However, the judgment was pronounced
only by the Judicial Member and the Chairman did not affix
her signature on the said judgment.
2. Thereafter, the petitioner's counsel approached
the KAT with a representation. The KAT issued an
endorsement stating that there was no provision in the
Karnataka Appellate Tribunal Act, Rules and Regulations for a
single member of a Bench of the KAT to pronounce the
judgment and it should be done only by the Division Bench
which heard the case.
3. The petitioner is challenging the said
endorsement and is also seeking for a direction to the KAT to
WP 10697/2022
send the records pertaining to the judgment pronounced by
the Judicial Member.
4. It is brought to my notice the judgment of this
Court in W.P.No.22837/2021, wherein it is held that it is
impermissible for a single member of the Bench of KAT to
pronounce the judgment. This Court has accordingly set aside
such an order and remanded the matter back to KAT.
5. In view of the said decision, though no prayer is
made for setting aside the order passed in Appeal
No.545/2018, in exercise of my inherent power, I deem it
appropriate to set aside the order dated 23.04.2021 passed
in Appeal No.545/2018 and remand matter to the KAT.
6. Accordingly, the writ petition is allowed. The order
dated 23.04.2021 passed by the KAT in Appeal No.545/2018
is set aside. The KAT is directed to re-consider the matter
afresh after hearing all the parties concerned. The KAT shall
consider the matter on merits and pass appropriate orders in
accordance with law.
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7. Having regard to the fact that the appeal was
heard and a judgment was also pronounced by a single
member in the year 2021, it would be in the interest of
justice to direct the KAT to dispose of this appeal afresh as
per the order mentioned above, within a period of two
months from the date of receipt of a copy of this order.
Sd/-
JUDGE
KK
