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Supreme Court - Daily Orders

N.K. Bagayat vs The State Of Karnataka on 22 May, 2019

Bench: Arun Mishra, M.R. Shah

     ITEM NO.7                                   COURT NO.4                        SECTION IV-A

                                      S U P R E M E C O U R T O F              I N D I A
                                              RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)                              No(s).     13046/2019

     (Arising out of impugned final judgment and order dated 25-04-2019
     in WP No. 202031/2019 passed by the High Court of Karnataka at
     Kalaburagi)

     N.K. BAGAYAT                                                                      Petitioner(s)

                                                             VERSUS

     THE STATE OF KARNATAKA & ORS.                                                     Respondent(s)

     (FOR ADMISSION and I.R. and IA No.83369/2019-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT)


     Date : 22-05-2019 This petition was called on for hearing today.


     CORAM :
                              HON'BLE MR. JUSTICE ARUN MISHRA
                              HON'BLE MR. JUSTICE M.R. SHAH
                                         (VACATION BENCH)

     For Petitioner(s)                     Mr.   Anil V. Katarki,Adv.
                                           Mr.   P. Prasanna Kumar,Adv.
                                           Mr.   Anil C. Nishani,Adv.
                                           Mr.   T.R.B. Sivakumar, AOR
     For Respondent(s)

                               UPON hearing the counsel the Court made the following
                                                  O R D E R

We do not consider it necessary to issue notice to the respondents, considering the kind of order which we are passing.

We are of the view that such kind of mandatory orders could not have been passed. The High Court could have only ordered, at the most, maintenance of the status quo. As the petitioner has joined, it was not appropriate for the High Court to direct that he should be released and join back to his original place. These Signature Not Verified types of mandatory orders are not to be passed.

Digitally signed by NARENDRA PRASAD Date: 2019.05.24 16:22:14 IST

Reason: Consequently, we stay the operation of the impugned order passed by the High Court. We request the High Court to decide the 1 case as early as possible. The High Court shall not be prejudiced on merits by the order passed by this Court. Till the order is passed, the impugned order shall remain stayed The special leave petition is, accordingly, disposed of. Pending application(s), if any, shall stand disposed of. 

(NARENDRA PRASAD)                           (JAGDISH CHANDER)
  COURT MASTER                                COURT MASTER




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