Karnataka High Court
P.V. Rudrappa vs The State Of Karnataka on 8 August, 2019
Bench: L.Narayana Swamy, R Devdas
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 08TH DAY OF AUGUST, 2019
PRESENT
THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY
AND
THE HON'BLE MR. JUSTICE R. DEVDAS
WRIT PETITION NO.32604 OF 2019 (S-KSAT)
BETWEEN:
P.V. RUDRAPPA
S/O LATE PUJARA VEERAPPA,
AGED ABOUT 59 YEARS
PANCHAYATH DEVELOPMENT OFFICER,
(UNDER ORDER OF DISMISSAL)
KODAGANURU GRAMA PANCHAYATH
MAYAKONDA HOBLI,
DAVANGERE TALUK AND DISTRICT-577534
R/O NO.900/03
HYLAK HOSPITAL ROAD,
1ST MAIN, 2ND CROSS,
SHAKTHI NAGAR,
DAVANGERE - 577 511 ... PETITIONER
(BY SRI.BASAVARAJA PATEL G K, ADV.)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY,
DEPARTMENT OF RURAL DEVELOPMENT
AND PANCHAYATH RAJ
2
M.S.BUILDING,
BENGALURU - 560 001
2. THE LOKAYUKTA
REP.BY ITS REGISTRAR,
M.S. BUILDING,
BENGALURU - 560 001 ... RESPONDENTS
(BY SMT.PRATHIMA M.S., AGA for R1;
SRI.VENKATESH S ARABETTI, ADV. FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
SAID ORDER AND DIRECT THE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL TO EXAMINE THE CASE ON MERITS
AND TILL SUCH TIME, PERMIT THE PETITIONER TO CONTINUE
AS PANCHAYATH DEVELOPMENT OFFICER AT CHATNIHALLI
GRAMA PANCHAYATH, HARAPANAHALLI TALUK, BELLARY
DISTRICT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, DEVDAS J., MADE THE FOLLOWING:
ORDER
The grievance of the petitioner herein is that the interim relief sought before the Tribunal was not considered, and therefore, questioning the order dated 24th June, 2019 this writ petition is filed.
2. We have gone through the writ papers and the order dated 24th June, 2019. We find that the Tribunal has not taken up the interim relief for consideration. The Government Pleader 3 was directed to accept notice for first respondent and the second respondent-Lokayukta was directed to file reply statement within four weeks. Therefore, the interim relief is yet to be taken up for consideration before the Tribunal.
3. In the light of the above, we are of the opinion that the petition does not deserve consideration when the interim relief has not yet been considered by the Tribunal. Petitioners are permitted to request the Tribunal to take up the interim relief for consideration.
4. With this observation this writ petition is disposed of. The learned Government Advocate is permitted to file memo of appearance within a period of four weeks from today.
Sd/-
JUDGE Sd/-
JUDGE lnn