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2025 DAILYLAW 29843 (KAR)

SRI T S KRISHNA v. THE DEPUTY COMMISSIONER

WP/18492/2025 · 2025-06-27

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22809 WP No. 18492 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.18492 OF 2025 (KLR-RES) BETWEEN: 1. SRI. T.S. KRISHNA S/O LATE T.H. SRINIVASA REDDY AGED ABOUT 55 YEARS, R/A FLAT NO.202, HRC IBBANI, A BLOCK, IBBANI ROAD, ARKAVATHI LAYOUT, JAKKUR, BENGALURU-560064 …PETITIONER (BY SRI. P.N.MANMOHAN, ADVOCATE A/W SRI. VINAY N., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BENGALURU DISTRICT, BENGALURU-560001. 2. SMT. GUNASHELA W/O VIJAYA KUMAR, D/O LATE KRISHNAPPA AGED ABOUT 52 YEARS, R/A BUDIGERE VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT. …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA FOR R1) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22809 WP No. 18492 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 06.03.2025 AND THE ORDER DATED 09.04.2025 EXTENDING THE INTERIM ORDER PASSED BY THE KARNATAKA APPELLATE TRIBUNAL IN APPEAL NO.536/2024 PRODUCED AS ANNEXURE -E AND F RESPECTIVELY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Smt. Navya Shekhar, learned Additional Government Advocate accepts notice for respondent No.1. 2. In this writ petition, petitioner is assailing the interim order of stay granted on 06.03.2025 and the order dated 09.04.2025 extending the interim order, passed in Appeal No.536/2024 by the Karnataka Appellate Tribunal. 3. Sri. P.N. Manmohan, learned counsel appearing for the petitioner submitted that, the Tribunal without passing the order relating to the application filed by the appellant therein with regard to delay, ought not to have passed an order of stay - 3 - HC-KAR NC: 2025:KHC:22809 WP No. 18492 of 2025 on the application filed by the appellant therein. Learned counsel further contended that, the Tribunal ought not to have kept open the issue relating to delay and granted interim order to the appellant therein. 4. Per contra, learned Additional Government Advocate submitted in favour of the interim order granted by the Karnataka Appellate Tribunal as at Annexure-F. 5. Having taken note of the submissions made by the learned counsel appearing for the parties, undisputedly the appeal is pending consideration before the Karnataka Appellate Tribunal in Appeal No.536/2024. On careful examination of the order passed by the Karnataka Appellate Tribunal on 06.03.2025, would disclose that the Karnataka Appellate Tribunal allowed the application for stay, keeping open the issue relating to delay in I.A.4 filed by the appellant therein and granted interim order of stay and thereafter, the said order was continued on 09.04.2025. It is also not in dispute that the petitioner herein has entered appearance as respondent in the said proceedings. - 4 - HC-KAR NC: 2025:KHC:22809 WP No. 18492 of 2025 6. In that view of the matter, the Karnataka Appellate Tribunal is requested to dispose of the appeal No.536/2024 at the earliest, within a period of six months from the date of receipt of certified copy of this order. It is also made clear that in the event if the petitioner herein files an application to vacate the interim order passed by the Karnataka Appellate Tribunal, such an application shall be considered and appropriate order passed in accordance with law, within a period of four weeks from the date of filing of such application. 7. With the above observation, the writ petition is disposed of. Consequently, I.A.1/2025 does not survive for consideration. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 45