Karnataka High Court
Sri S M Shiva Kumar vs The State Of Karnataka on 28 October, 2024
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NC: 2024:KHC:43475-DB
WA No. 1563 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE K. V. ARAVIND
WRIT APPEAL NO. 1563 OF 2024 (S-RES)
BETWEEN:
1. SRI S.M. SHIVA KUMAR
S/O LATE S.M. MAYANNA,
AGED ABOUT 49 YEARS,
PRESENTLY WORKING AS A
SPECIAL LAND ACQUISITION OFFICER-2,
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD (KIADB)
NO.39, 'SHANTHI GRUHA',
BHARATH SCOUT AND GUIDES BUILDING,
PALACE ROAD, 4TH FLOOR,
BENGALURU - 560 001
Digitally R/AT NO.20, ELITE APARTMENT,
signed by 1ST 'D' CROSS, ANNAYYAPPA LAYOUT,
PRABHAKAR 80 FT. ROAD, GEDDALAHALLI,
SWETHA BENGALURU - 560 094.
KRISHNAN
...APPELLANT
Location: (BY SRI VIVEK SUBBA REDDY, SENIOR ADVCOATE A/W
High Court of
Karnataka SRI NARASIMHARAJU, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY PRINCIPAL SECRETARY,
DEPARTMENT OF INDUSTRIAL
AND COMMERCE,
VIKASA SOUDHA,
BENGALURU - 560 001.
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WA No. 1563 of 2024
2. THE STATE OF KARNATAKA
REPRESENTED BY UNDER SECRETARY
DEPARTMENT OF INDUSTRIAL AND COMMERCE
VIKASA SOUDHA
BENGALURU - 560 001.
3. KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
REPRESENTED BY
CHIEF EXECUTIVE OFFICER (CEO),
KHANIJA BHAVAN,RACE COURSE ROAD,
BENGALURU - 560 001.
4. SRI BALAPPA HANDIGUNDHA
S/O BHIMMAPPA,
AGED ABOUT 46 YEARS,
SPECIAL LAND ACQUISITION OFFICER-2,
KIADB (BMICP), NO.43/3, 1ST FLOOR,
MAHARSHI ARAVIND BHAVANA,
DR. AMBEDKAR VEEDHI,
SAMPANGIRAMA NAGARA,
BENGALURU - 560 009.
5. SRI TEJAS KUMAR
S/O NOT KNOWN,
AGED ABOUT 47 YEARS,
SPECIAL LAND ACQUISITION OFFICER-2,
NO.43/3, 1ST FLOOR,
MAHARSHI ARAVIND BHAVANA,
DR. AMBEDKAR VEEDHI,
SAMPANGIRAMA NAGARA,
BENGALURU - 560 009.
...RESPONDENTS
(SRI K.S. HARISH, AGA FOR R1 & 2
SRI K. SHASHIKIRAN SHETTY, ADVOCATE GENERAL / SENIOR
ADVOCATE A/W SRI B.B. PATIL, ADVOCATE FOR C/R-3)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO SET-ASIDE THE IMPUGNED ORDER
PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.
27280/2024 DATED 15/10/2024.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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WA No. 1563 of 2024
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Having heard learned Senior Advocate Mr. Vivek Subba
Reddy assisted by learned advocate Mr. Narasimharaju for the
appellant, learned Senior Advocate Mr. K. Shashikiran Shetty
assisted by learned advocate Mr. B.B. Patil for respondent No.3
and learned Additional Government Advocate Mr. K.S. Harish for
respondent Nos.1 and 2, the Court could immediately notice that
the order brought under the appellate jurisdiction dated 15.10.2024
passed by learned Single Judge is an interim order.
2. By the said order, the interim relief earlier granted in the
proceedings of the writ petition came to be vacated after hearing
both the sides. Since the order is interim order, by very nature it
does not determine the rights of the parties finally. The entire
controversy raised in the petition is at large before learned Single
Judge to be considered on merits.
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3. Therefore, while not exercising the appellate jurisdiction, the
Court finds it in the fitness of things to request learned Single
Judge to dispose of the writ petition as early as possible preferably
within four weeks since pleadings are complete.
4. The Court does not express any opinion on the merits of the
case of the either side. It is further clarified that the observations
made and the view taken by learned Single Judge while passing
the interim order shall not influence the final consideration of the
petition which shall be on merits.
5. The writ appeal is disposed of accordingly.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
CR
