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2000 DIGILAW 643 (KAR)

Venkatesh v. State of Karnataka

2000-09-12

B.N.MALLIKARJUNA

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ORDER B.N. Mallikarjuna, J.—The matter is listed for preliminary hearing but by consent of the learned Counsel for the Petitioner and the fourth Respondent, the matter is taken up for final disposal. 2. In this writ petition under Articles 226 and 227 of the Constitution of India, the Petitioner, a purchaser of the disputed land on 16.7.1965, has called in question the legality and the correctness of the order of the third Respondent-the Assistant Commissioner and as well the order of the second Respondent-the Deputy Commissioner at Annexure-M dated 2.8.2000 confirming the order of the second Respondent dated 17.7.1998. 3. The grievance of the Petitioner is that on losing the case before the third Respondent the order at Annexure-L, he challenged it in appeal before the Deputy Commissioner under Section 5A of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 and sought for stay of the order of the Assistant Commissioner. But the Deputy Commissioner who heard the application for stay on 12.7.2000 has proceeded to dispose of the matter on merits and it is not correct. A perusal of the order makes it clear that the matter had been posted for hearing on the application for grant of stay, but however, the Deputy Commissioner has disposed of the matter on merits on 2.8.2000. This is certainly not in accordance with the rules. The Deputy Commissioner, if he so desired to dispose of the matter on merits, he should have made it clear to the parties appeared before him that it would be taken up for final disposal. But no such note is found in the order. In the circumstances, the Deputy Commissioner-the second Respondent is not correct in disposing of the matter on merits while considering the application for grant of stay. 4. In the result and for the reasons hereinabove stated, the petition is allowed. Order of the second Respondent-the Deputy Commissioner at Annexure-M dated 2.8.2000 is hereby set aside. The matter is remitted back to the second Respondent with a direction to dispose of the appeal on merits after affording an opportunity of hearing to both the parties and in accordance with law as expeditiously as possible and at any rate within two months from today. 5. In the meantime, the parties viz., Petitioner and Respondent-4 are directed to maintain status-quo till the disposal of the appeal. 6. 5. In the meantime, the parties viz., Petitioner and Respondent-4 are directed to maintain status-quo till the disposal of the appeal. 6. Registry is directed to send a copy of this order to the second Respondent-the Deputy Commissioner, Kolar District, Kolar within 3 days for compliance.