- 1 - HC-KAR NC: 2025:KHC-D:16041 WP No. 108759 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 108759 OF 2025 (KLR-RES) BETWEEN: SHRI BHUVANESHWARI VIDYANIKETAN VISHWASTHA SAMITI (R), RANEBENNUR, REPRESENTED BY ITS PRESIDENT, VISHWANATH S/O NAGAPPA HOLEBAGIL, AGE. 72 YEARS, OCC. PRESIDENT, R/O. ASHOK NAGAR, RANEBENNUR, TQ. RANEBENNUR, DIST. HAVERI-581 115. … PETITIONER (BY SRI. DINESH M, KULKARNI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, HAVERI, DIST. HAVERI-581 110. 2. THE ASSISTANT COMMISSIONER, HAVERI SUB-DIVISION, HAVERI-581 110. 3. THE TASHILDAR, RANEBENNUR-581 115. 4. THE COMMISSIONER, CITY MUNICIPAL COUNCIL, RANEBENNUR, TQ. RANEBENNUR, DIST. HAVERI-581 115. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO CONSIDER THE APPLICATION FILED UNDER SECTION 5 OF LIMITATION ACT DATED 04.09.2025 FOR CONDONATION OF DELAY VIDE ANNEXURE-E AND TO SET ASIDE SIDE OR THE ORDER DATED 15.09.2025 PASSED BY RESPONDENT NO.1 IN NO.R.T.S.R.A.CR 26:2025-26 VIDE ANNEXURE-G AND THEN PROCEED WITH THE APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.25 11:59:14 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16041 WP No. 108759 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioner assailing the order dated 15.09.2025 passed by respondent No.1-Deputy Commissioner. 2. The petitioner has questioned the ex parte interim stay order granted by the Deputy Commissioner in an appeal filed against the order of the Assistant Commissioner. 3. Learned counsel for the petitioner submits that there is a delay of 4757 days in filing the appeal and that stay could not have been granted without notice to the petitioner. 4. The petitioner is at liberty to file an application before the Deputy Commissioner seeking vacation of the ex parte stay order. If such an application is filed, the same shall be considered in accordance with law. - 3 - HC-KAR NC: 2025:KHC-D:16041 WP No. 108759 of 2025 5. Since impugned stay order is passed without condoning the delay, the objection to application for condonation of delay shall also be decided simultaneously. 6. With these observations, the writ petition is disposed of. 7. It is made clear that no opinion is expressed on the merits of the matter. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 22