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2014 DIGILAW 1046 (KAR)

MAHABALA NAIKA v. DEPUTY COMMISSIONER DK DISTRICT

2014-12-04

B.S.PATIL

body2014
ORDER 1. This writ petition is filed seeking a direction to the 1st respondent – Deputy Commissioner, D.K. District, Mangalore, to consider the application for stay in No.PTCL.Appeal2/201314 filed by the petitioner. 2. Petitioner has filed a statutory appeal under Section 5A of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, challenging the order dated 25.06.2013 passed by the 2nd respondent – Assistant Commissioner, Mangalore Sub-Division, Mangalore, in No.PTCL .CR.26/1213, thereby directing resumption of land to Government and restoration of the same to respondents 3 & 4 herein. Along with the appeal, petitioner has filed an application seeking interim stay, pending disposal of the appeal. 3. The 1st respondent has not considered the application and passed any order on the same. Instead, has proceeded to hear the main matter and posted it for orders. As no orders have been passed, the 2nd respondent has initiated steps for restoration of the land. In this background, petitioner has rushed to this Court. 4. I have heard the learned Counsel for all the parties. 5. I find no justification whatsoever on the part of the 1st Respondent in not considering the application for stay and in proceeding to post the matter for orders. The grievance of the petitioner is justified because during the pendency of the appeal if he is dispossessed, then even if he succeeds in the appeal, it would be difficult for him to secure his interest. 6. Therefore, appropriate order to be passed in this case is to continue the order of stay granted earlier staying the order passed by the 2nd respondent, till the disposal of the appeal by the 1st respondent, with a direction to the 1st respondent to dispose of the appeal, expeditiously, at any rate within a period of two months from the date of receipt of a copy of this order. Writ petition is accordingly disposed of.