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2025 DAILYLAW 23585 (KAR)

N B UMESH v. REGISTRAR OF THE KARNATAKA APPELLATE TRIBUNAL

WP/11278/2025 · 2025-04-17

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:15866 WP No. 11278 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 11278 OF 2025 (KLR-RES) BETWEEN: 1. N B UMESH S/O BASVANTHAPPA, AGED ABOUT 55 YEARS RESIDING AT HERESHAKUNA VILLAGE SORABA TALUK, SHIMOGGA DISTIRCT-577429 …PETITIONER (BY SRI. VEERENDRA R PATIL., ADVOCATE) AND: 1. REGISTRAR OF THE KARNATAKA APPELLATE TRIBUNAL M.S.BUILDING , BANGALORE-560001. 2. THE DEPUTY COMMISSIONER SHIVAMOGHA DISTRICT, SHIVAMOGHA-577201. 3. THE ASSISTANT COMMISSIONER SAGAR SUB-DIVISION SAGAR, SHIVAMOGHA DISTRICT-577401. …RESPONDENTS (BY SRI. K.MANJUNATH, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO THE PETITIONER REPRESENTATION DATED -05.02.2025 WHICH IS PRODUCED AS ANNEXURE-K AND DIRECT TO THE RESPONDENT NO-1 TO DECIDE THE APPEALS NO-36 TO 59/2020 (24) APPEALS) WITHIN 4 MONTHS, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15866 WP No. 11278 of 2025 CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in this writ petition is to direct the Karnataka Appellate Tribunal to decide Appeal Nos.36 to 59/2020 within a period of four months. 2. An alternative prayer is also made, but in the light of the 1st prayer made, it would be unnecessary to consider the 2nd prayer. 3. It is the case of the petitioner that the proceedings in relation to grant in question were the subject matter of the Writ Petition and the Writ Appeal before this Court and the matter was finally decided before the Supreme Court, whereby the Supreme Court held that single member of the Karnataka Appellate Tribunal could not dispose of the Appeal by himself when the matter was jointly heard by the Chairman and other member. - 3 - NC: 2025:KHC:15866 WP No. 11278 of 2025 4. The petitioner contends that though this order was passed, no time limit was fixed for disposal of the Appeal and, as a result, the matter was being adjourned. 5. It is also contended that in the similar matter i.e., in W.P.No.10697/2022 there was a direction issued by this Court to dispose of the Appeal within a period of two months and, therefore, it would be appropriate to direct the Karnataka Appellate Tribunal to dispose of the Appeals within a period of four months. 6. In the light of the fact that the Appeals are of the year 2020, having regard to the disposals made earlier by the Supreme Court as well as the direction issued by this Court, it would be appropriate to direct the Karnataka Appellate Tribunal to decide Appeal Nos.36 to 59/2020 within a period of four months from the date of receipt of a copy of this order. 7. This writ petition is accordingly disposed of. - 4 - NC: 2025:KHC:15866 WP No. 11278 of 2025 8. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 18