IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 09'?" DAY OF' OCTOBER 2009
BEFORE
THE HON'BLE MR. JUSTICE A S BOf%ANNA '
WRIT PETITION NO29412-OF"24O()€§(KTV',i;§;';:{;;§§-JT; D
BETWEEN:
M /S DHARMASAGARA EDUcATioN S
O/AT DOMMASANDRA VILLAGE '
SARJAPURA HOBLI "
BANGALORE RURAl,'DI'ST:R1CT' ' _
REPRESENTED E§ri_ITS €~EC§RE'i'.A'RY: .,
SR1 A A
... PETITIONER
(BY SR! M. S}
SR1 B R ..)
AND:
1
V . THE i3R.:Nc1t'ALv.SECRETARY
% DE'-PARTMENT OF' REVENUE
D STAFF: OF
VIDHANA SOUDHA
A
1' ' THEVDAASPECIAL DEPUTY COMMISSIONER
BANGALORE DISTRECT
" GALORE.
THE TAHSILDAR
'O ANEKAL TALI§{, ANEKAL.
-r
4 THE GOVERNMENT
PRE--UNIVERSITY COLLEGE
DOMMASANDRA
ANEKAL TALUK
REP. BY ITS PRINCIPAL. .....REspONT)E-NfT,s:"--.IA'
(BY SR1 R KUMAR, HCGP..)
THIS WRIT PETI'I'ION Is FILED UNDER..ILRTIcLEs._22e" -« ., "
& 227 OF THE CONSTITUTION OF I1'\1DIA¢PF<-'_AYIN(3..'I'OV CALL.
FOR THE ENTIRE RECRODS IN LI-IEIAIICR 1.4/20e9--~I*0_ ON I
THE FILE OF R2 DEPUTY COMMISSIONER ANDIN
NO.475/2009 ON THE FILE OF HON'BLE1.vIiARNATAKA
APPELLATE TRIBUNAL AT BAN.C£ALORE'. I _ I
THIS PETITION cOMING»._'ON FOR "PRELIMINARY
HEARING IN 'B' GROUPTHIS D,AY_;~ COURT_A1\/{ADE THE
FOLLOWING: V ..
The this Court seeking for
issue; Of e:1ireeti«:I,r_I tO tlie Karnataka Appellate Tribunal to
:§h.eA'a.1pp}ieatiOn for stay filed in Revenue Appeal
the ffle of the Karnataka Appellate
V . Trieilnall.
3..-.
'4'
admitted the appeal for consideration, the application
for stay has not yet been considered on the premise that
the records called for has not been received. vlieihthat
regard the petitioner also alleges that the
Nos.l to 3 are acting hand in glove in fa.'i*oui'«.oI'~l.tl1e
respondent and delaying in securingth;e4'recor<;ls"and
the meanwhile there ginterference
possession and in that regardl”appl.i_cati.o11is required to
be considered.
is respect to the nature of
the merits of such application
seelringpp ..int¢r1o¢ut§$ry order would have to be
. thellllllribunal when it has thought fit to
A consildvert-theappeal on its merits by admitting the same.
Since application has not been considered, a
direction is issued to the Karnataka Appellate Tribunal
“t_o”‘consider and dispose of the application filed along
4;
with appeal No.475/2009 on its merits after hearing the
parties. Considering that the Appellate Tribunal”ur’o<tiid_'
take some time for considering and disposing.opof:"ihe"–r '
a lication in View of the en_~cIi'n*'i.'cases''E;efore._fits.,
; 5 '_ , , _ «_ V a
board, it is appropriate to make aninterirnlarrangeinent'V ._
till the application is consideredci=«iandl' lbylljthe it
Tribunal. Hence t1nti1':'the caonsidejred and
disposed of by the directed to
maintain status=«£.q31o nature of land
involved in the status~quo would
mean neither interfere nor
put the play ground which is
being. used" by"thhel-petitioner. The present interim
madellllby this Court will yeild to the
be passed by the Tribunal on the
interloc._utory application.
i
F
v
6
In terms of the above the petition stands dispesed
of. N0 order as to costs.
CA/bms